St Peter's School Trust Board Act 1985

Reprint as at 22 May 1997

St Peter's School Trust Board Act 1985

Private Act1985 No 3
Date of assent29 June 1985
Commencement29 June 1985

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.


An Act to reconstitute the trusts upon which the assets of the St Peter's School Trust Board Incorporated are to be held, to redefine the powers of the board, and to prescribe the board's constitution

  • Preamble

    Whereas on 7 March 1935 a private company, St Peter's Limited, was incorporated under the Companies Act 1933, the original shareholders being Arthur Francis Brooks Broadhurst and James Morris Beaufort who, by the articles of association, were appointed the governing directors of the company for their respective lives or until retirement:

    And whereas the principal object of the company was to establish, maintain, and carry on at Cambridge in the Provincial District of Auckland in the Dominion of New Zealand or at such other place or places within the Dominion of New Zealand as may be selected a school or schools where scholars may obtain a sound intellectual, classical, mathematical, technical, manual, physical, and general education in the junior or senior departments of education, and also where provision shall be made for non-sectarian religious instruction for all scholars and special provision for religious instruction in a form in accordance with the teaching of the Church of England for all Church of England scholars and for others with their parents' consent, and where full facilities shall be granted for the scholars of other denominations to attend their respective places of worship:

    And whereas the company established, acquired and carried on a school, known as St Peter's School, on land owned by the company:

    And whereas the said 2 shareholders were joint headmasters of St Peter's School:

    And whereas the said James Morris Beaufort retired and transferred his shares in the company to the said Arthur Francis Brooks Broadhurst:

    And whereas by a deed dated 1 February 1939 made between the said Arthur Francis Brooks Broadhurst (therein called the donor) of the one part and the donor himself and 3 other persons (therein called the trustees) of the other part the donor transferred all except 4 of the shares to the trustees jointly and retained 1 share himself and transferred 1 share to each of the other 3 trustees, and also transferred to the trustees jointly a debenture securing a loan from the donor to the company and a further unsecured loan from the donor to the company:

    And whereas the land upon which the school buildings and the playing fields are situated is still owned by the company:

    And whereas the trustees were incorporated as a trust board under the provisions of the Religious, Charitable, and Educational Trusts Act 1908:

    And whereas the said trust board has acquired farm lands and carries on the business of farming for the benefit of the school:

    And whereas it is intended to wind up voluntarily the company and transfer its assets in specie to the trust board:

    And whereas the number of members of the trust was limited to 4 and by virtue of new articles of association of the company passed in 1962 the number of directors that had previously been so limited thereinafter was changed to such number as from time to time the company in general meeting should determine:

    And whereas it was recently discovered that by reason of the increase in the number of directors of the company the number of trustees had been inadvertently increased above the limited number, all except 1 of whom had been invalidly appointed:

    And whereas by an order of the High Court of New Zealand at Hamilton made on 24 June 1983 3 persons were validly appointed as members of the trust board in addition to the previously validly appointed person:

    And whereas because the trust board and the 4 members thereof are all the shareholders in the company they can lawfully carry out any of the objects contained in its memorandum of association, which objects are wider than the trusts conferred upon them by the said deed dated 1 February 1939:

    And whereas it is expedient that the trust board should be empowered to carry out any of the objects that could lawfully be carried out by the company after it has been wound up:

    And whereas to comply with modern needs it is expedient to increase the range of subjects that may be taught at the school:

    And whereas it is necessary to enlarge the number of persons who may be members of the trust board:

    And whereas it is in the best interest of the pupils of the school that the reconstructed trusts should be made lawful as soon as possible:

    And whereas legislation is the only means whereby this can be effected efficiently and economically and without interference with the continued running of the school for the beneficial education of the pupils.