Ellen Harriet Eames Estate Act 1989

Reprint
as at 14 November 1989

Coat of Arms of New Zealand

Ellen Harriet Eames Estate Act 1989

Private Act1989 No 4
Date of assent13 November 1989
Commencement13 November 1989

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 confirm the administration of the residuary estate of Ellen Harriet Eames late of Wellington, married woman, to provide that references in her will to the Board of Science and Art shall be read and construed as references to the Board of Trustees of the National Art Gallery, the National Museum, and the National War Memorial or its successors in respect of the National Art Gallery, and to modify the terms of the will

  • Preamble

    Whereas Ellen Harriet Eames late of Wellington, married woman, died on 1 May 1927 leaving a will dated 27 November 1926 whereof she appointed the Public Trustee as the executor and trustee and whereby, after providing for certain legacies, she directed the Public Trustee to apply part of the net income arising from her residuary estate to her husband during his lifetime and the remaining income to her daughter during her lifetime with remainder to the children of the daughter who satisfied certain conditions: And whereas the husband of the testatrix died on 9 August 1945 and the daughter of the testatrix died on 20 May 1968 without leaving any surviving children: And whereas, certain income provisions in favour of brothers and sisters having failed by reason of the failure of any such brothers and sisters to survive the daughter, the Public Trustee as and from 20 May 1968 held the residuary estate of the testatrix upon trusts to pay a legacy to the Salvation Army and thereafter to hold the residue of the residuary estate on trusts that, should, within 12 months after 20 May 1968, there be erected or definite provision (as to which the Public Trustee should decide and his decision should be final and conclusive) be made for the erection of a Dominion Art Gallery in Wellington under the provisions of the Science and Art Act 1913 (incorrectly cited in the will as the Science and Art Act 1915), then to hold the residuary trust fund for the Board of Science and Art appointed under the said Act, to be applied and expended by that Board in the purchase of pictures for such Dominion Art Gallery, such pictures to be selected by that Board or by delegates selected by that Board and to hang together in the Gallery and to be known as the The Ellen Eames Collection: And whereas the will provided further that the receipt of the Secretary of the Board of Science and Art or any other person duly authorised by the Board of Science and Art should be a sufficient discharge to the Public Trustee for the residuary trust fund and the Public Trustee should not be further concerned to see to the application of the residuary trust fund: And whereas the Science and Art Act 1913 was repealed by the National Art Gallery and Dominion Museum Act 1930, the Board of Science and Art accordingly ceased to exist, and no provision was made in the National Art Gallery and Dominion Museum Act 1930 for the succession by the Board constituted by that Act to the Board of Science and Art: And whereas before 20 May 1968 a National Art Gallery had been erected in Wellington pursuant to the National Art Gallery and Dominion Museum Act 1930: And whereas the Board of Trustees of the National Art Gallery, the National Museum, and the National War Memorial have since 20 May 1968 administered the residuary trust fund through its agent the Public Trustee and has expended money in the purchase of pictures for the National Art Gallery: And whereas it is inexpedient in the presentation of pictures for public exhibition that pictures of diverse character and nature be hung together: And whereas it is desirable for the avoidance of doubt to declare that the Board of Trustees of the National Art Gallery, the National Museum, and the National War Memorial has been since 20 May 1968 and continues to be the trustee of the residuary trust fund and to provide that all references in the will to the Board of Science and Art should be read as references to the Board of Trustees of the National Art Gallery, the National Museum, and the National War Memorial as now constituted by the National Art Gallery, Museum, and War Memorial Act 1972 or its successors in respect of the National Art Gallery and that certain provisions in the will be modified: And whereas it is also desirable to make such further provision as hereinafter appears: And whereas the objects of this Act cannot be attained otherwise than by legislation.

1 Short Title
  • This Act may be cited as the Ellen Harriet Eames Estate Act 1989.

2 Interpretation
  • In this Act the term Board of Trustees means the Board originally constituted by section 4 of the National Art Gallery and Dominion Museum Act 1930 under the name of The Board of Trustees of the National Art Gallery and Dominion Museum, but now constituted by section 4 of the National Art Gallery, Museum, and War Memorial Act 1972 under the name of the Board of Trustees of the National Art Gallery, the National Museum, and the National War Memorial.

3 Confirmation of preceding administration
  • It is hereby declared that the Board of Trustees has been since 20 May 1968 and continues to be the trustee of the residuary fund of the estate of the late Ellen Harriet Eames.

4 Construction of certain references in will
  • In the construction of the will of the late Ellen Harriet Eames,—

    • (a) every reference to the Science and Art Act 1915 shall be read,—

      • (i) in respect of the period commencing with 20 May 1968 and ending with 31 March 1973, as a reference to the National Art Gallery and Dominion Museum Act 1930; and

      • (ii) in respect of any period commencing on or after 1 April 1973, as a reference to the National Art Gallery, Museum, and War Memorial Act 1972; and

    • (b) every reference to the Board of Science and Art shall be read as a reference to the Board of Trustees; and

    • (c) every reference to the Dominion Art Gallery shall be read as including a reference to the National Art Gallery.

5 Amendment of will
  • Notwithstanding anything in the will of the late Ellen Harriet Eames to the contrary, the Board of Trustees shall be deemed never to have been under any duty or requirement to hang together all or any pictures acquired by the expenditure of money from the residuary fund of the estate of the late Ellen Harriet Eames.

6 Costs and charges
  • All costs, charges, disbursements, and expenses of and incidental to the preparing, obtaining, and passing of this Act or otherwise in relation to this Act shall be paid by the Board of Trustees from the capital of the residuary fund of the estate of the late Ellen Harriet Eames.

7 Private Act
  • This Act is hereby declared to be a private Act.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Ellen Harriet Eames Estate Act 1989. The reprint incorporates all the amendments to the Act as at 14 November 1989, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)