Anglican (Diocese of Christchurch) Church Property Trust Act 2003

Schedule 1
Powers of the Church Property Trustees

s 7

  • 1 Power of sale by public auction, tender, or private contract, except where a sale is expressly forbidden by the terms of the trust; but subject to the express terms (if any) of the exercise of a power of sale.

  • 2 Power of exchange for any other property, whether real or personal, with power to pay or to receive any money for equality of exchange.

  • 3 Power to lend money with or without security, and without limitation, and in whatever manner the Church Property Trustees thinks fit; including power to lend without limitation, whether by contributory mortgage or not, on freehold or leasehold land or land held under the Unit Titles Act 2010, despite any enactment to the contrary.

  • 4 Power to lease in such manner and on such terms or conditions as the Church Property Trustees thinks fit for any term of years not exceeding 21 years.

  • 5 Power to accept, on such terms and conditions as the Church Property Trustees thinks fit, a surrender of any lease, whether with respect to the whole or to any part of the land comprised in the lease; with power if it thinks fit to expend trust funds in the purchase of any improvements of any such land.

  • 6 Power to invest in any manner authorised under Part 2 of the Trustee Act 1956.

  • 7 Power to borrow, with or without security, and without limitation, and in whatever manner the Trustees thinks fit.

  • 8 Power to combine or intermingle trusts funds, including power to form common funds or unit trusts, despite any rule of law or practice to the contrary.

  • 9 Power to lend money to the Church Property Trustees on mortgage, in its capacity as trustee of any other trust property.

  • 10 Power to lease, grant licences over, or let any land vested in the Church Property Trustees to itself in its capacity as trustee of any other trust property.

  • 11 Power to enter into bailments.

  • 12 Power to purchase or acquire any real or personal property; including power to take up and hold, subscribe for, or acquire shares in a company either with or without liability for uncalled capital.

  • 13 Power to join with any other person, company, corporation, or body of persons in purchasing, acquiring, or erecting buildings or other improvements on or developing any real or personal property.

  • 14 Power to build on or develop any property whatsoever.

  • 15 Power in the Church Property Trustees' absolute discretion to receive from any person who is a trustee any money or investment held by that person on trust for any Anglican religious, educational, or other charitable trust.

  • 16 Power to carry on farming, agriculture, horticulture, or silviculture in all or any of their aspects.

  • 17 Power to enter into such contracts and do or perform such things as in the opinion of the Church Property Trustees will be for the benefit of any trust administered by it.

  • 18 Power to act as an advisory trustee in accordance with section 49 of the Trustee Act 1956.

  • 19 Power to charge fees, including a percentage commission, on all assets administered and on income received.

  • Schedule 1 clause 3: amended, on 20 June 2011, by section 233(1) of the Unit Titles Act 2010 (2010 No 22).