Anglican (Diocese of Christchurch) Church Property Trust Act 2003

Reprint as at 20 June 2011

Anglican (Diocese of Christchurch) Church Property Trust Act 2003

Private Act2003 No 1
Date of assent5 May 2003
Commencementsee section 2

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.


Contents

1 Title

Part 1
Preliminary

2 Commencement

3 Purpose

4 Interpretation

Part 2
Church Property Trustees

5 Church Property Trustees

6 Function of Church Property Trustees

7 Powers of Church Property Trustees

8 Membership of Church Property Trustees

9 Church Property Trustees to comply with ecclesiastical laws

10 Financial records and accounts

11 Members' liabilities and indemnities

12 Protection for persons dealing with Church Property Trustees or appointed trustees

13 Further provisions applying to Church Property Trustees

Part 3
Trusts administered by Church Property Trustees and appointed trustees

Bishopric estate

14 Church Property Trustees to hold Bishopric estate on trust

15 Primary trusts

16 Secondary trusts

Dean and Chapter estate

17 Church Property Trustees to hold Dean and Chapter estate on trust

18 Primary trusts

19 Secondary trusts

Local endowments

20 Application

21 Local endowments to be administered for benefit of particular parish

22 Administration of glebe land

23 Meaning of consent

24 Powers of appointed trustees

25 Manner in which appointed trustees may make contracts

26 Schedule 2 applies to appointed trustees

27 Administration of newly constituted parishes

28 Appointed trustees may transfer property to Church Property Trustees

29 Powers not to be exercised if inconsistent with trust deed

30 Power to apply local endowments to general church purposes in other parts of diocese

Part 4
Funds administered by Church Property Trustees

31 Power to establish investment funds

32 Amalgamated fixed interest fund

33 Transfer of trust funds to investment fund

34 Church Property Trustees to make annual report on investments

35 Donors and testators may exclude trust funds from investment fund

36 Church Property Trustees to maintain reserve fund

37 Investment of reserve fund and authority to lend for certain purposes

Part 5
Cemeteries

38 Interpretation

39 Trustees to administer closed cemeteries

40 Trustees' powers in respect of certain closed cemeteries

41 Application of income from sites and reserves

42 Power to vary application of income

43 Power to substitute reserve or site

44 Trustees' powers under this Part exercisable despite trusts

45 Trustees to obtain consent of Synod to deal with site or reserve used as cemetery

46 Trustees' powers in respect of burial places in unused or closed cemeteries

47 Discharge of claims in respect of burial places

48 Purchaser not required to inquire whether certain payments have been made

49 Trustees may establish fund to maintain used parts of cemeteries

50 Provisions of sections 11 and 12 apply to trustees

Part 6
Miscellaneous provisions

51 Power of Church Property Trustees to act together with other persons

52 Variation of trusts under Anglican Church Trusts Act 1981

53 Costs and charges

54 Repeals

Schedule 1
Powers of the Church Property Trustees

Schedule 2
Further provisions applying in respect of the Church Property Trustees

Schedule 3
Enactments repealed

Reprint notes


  • Preamble

    (1) There is real and personal property in New Zealand held on trusts relating to the Anglican Diocese of Christchurch:

    (2) The powers of the trustees (including the Church Property Trustees) in relation to the investment of the property are limited by the statutes and instruments creating the trusts:

    (3) It is desirable to—

    • (a) consolidate and amend the enactments relating to the trustees; and

    • (b) widen the trustees' powers of investment; and

    (4) The objects of this Act cannot be achieved without legislation.