Anglican (Diocese of Christchurch) Church Property Trust Act 2003

  • This version was reprinted on 14 November 2014 to make corrections to clause 6(2) of Schedule 2 under section 25(1)(j)(ii) of the Legislation Act 2012.

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

s 13

1 Meetings of members of Church Property Trustees
  • (1) The chairperson of the Church Property Trustees is the Bishop.

    (2) The members of the Church Property Trustees must elect one of themselves as a deputy chairperson to chair meetings of the members in the absence of the chairperson.

    (3) In the absence of both the chairperson and deputy chairperson from a meeting of members, the members must elect one of the members present to act as chairperson for that meeting.

    (4) A quorum for a meeting of the members of the Church Property Trustees is 5 members.

    (5) A meeting of members of the Church Property Trustees must decide matters before it by—

    • (a) consensus, if possible; but

    • (b) in any event, by a majority of the members present at the meeting.

2 Voting
  • (1) Every member of the Church Property Trustees has 1 vote.

    (2) The chairperson decides whether voting is by voice or show of hands.

    (3) The chairperson has a casting vote.

3 Matters in which Bishop has personal interest
  • (1) If the Bishop has a personal interest in a matter before the Church Property Trustees, the Bishop—

    • (a) must not attend or participate in a meeting or part of a meeting of the Church Property Trustees at which the matter is considered or voted on:

    • (b) is not to be treated as a member for the purposes of whether a quorum is present at the meeting:

    • (c) must not cast a vote or a casting vote on the matter at the meeting.

    (2) Without limiting the matters in which the Bishop has a personal interest, the Bishop has a personal interest in the matters specified in sections 15 and 16(a), (b), (g), (to the extent that it relates to the Bishop), and (h)(i).

4 Unanimous resolution
  • (1) A resolution in writing, signed or assented to by each member of the Church Property Trustees, is as valid and effective as if it had been passed at a meeting of the members duly convened and held.

    (2) Such a resolution may consist of several documents (including faxes or other similar means of communication) in like form each signed or assented to by 1 or more members.

5 Professional fees and charges
  • A member of the Church Property Trustees is entitled to be paid all professional, business, or trade charges for work done by the member, or by the member's employee or business partner, in relation to trust property.

6 Chairperson may reserve matters for consideration of Synod
  • (1) The chairperson of the Church Property Trustees may reserve for the decision of the Synod any matter raised for consideration by the Church Property Trustees.

    (2) The Synod must not decide under subclause (1) to rescind or cancel any contract or agreement or any sale, mortgage, lease, or other disposition of any part of the property.

7 Method of entering into contracts and other obligations
  • (1) Contracts and other obligations which, if entered into by a natural person, would by law be required to be by deed, may be entered into by the Church Property Trustees in writing under its common seal and signed by 2 or more of its members whose signatures are witnessed by a person who is not a member.

    (2) Contracts and other obligations which, if entered into by a natural person, would by law be required to be in writing, may be entered into on behalf of the Church Property Trustees in writing by a person acting under the express authority of the Church Property Trustees.

    (3) Contracts and other obligations which, if entered into by a natural person, would by law not be required to be in writing, may be entered into on behalf of the Church Property Trustees in writing or orally by persons acting under the express authority of the Church Property Trustees.

8 Register of contracts and obligations entered into under common seal
  • (1) The Church Property Trustees must maintain a register of all contracts and obligations it enters into under its common seal.

    (2) The register must contain details of the contracts and obligations sufficient to identify them.

9 Bylaws
  • (1) The Church Property Trustees may make bylaws for 1 or more of the following purposes:

    • (a) to regulate the proceedings of the Church Property Trustees, including the times and places of its meetings:

    • (b) the management of the property and affairs of the Church Property Trustees:

    • (c) the employment of trust managers, agents, and employees.

    (2) A bylaw has effect and applies according to its tenor.

    (3) A bylaw has no effect unless, before the meeting of the Church Property Trustees at which the bylaw is made, not less than 2 clear days' notice in writing is given to each member of the Church Property Trustees of the time, place, and purpose of the meeting.

    (4) A bylaw or a provision of a bylaw has no effect to the extent that it is inconsistent with the provisions of—

    • (a) this Act; or

    • (b) any canon or ecclesiastical law or regulation in force in the diocese under the authority of the Synod.

10 Minutes
  • (1) The Church Property Trustees must ensure that minutes are kept of all proceedings at its meetings.

    (2) The minutes for each meeting of the Church Property Trustees must be signed by the chairperson.

    (3) The minutes must be made available to members of the Church in the diocese at reasonable times and places.

    (4) Subclause (3) applies subject to any restrictions or prohibitions imposed by the Bishop.

    (5) The minutes, as signed by the chairperson, are—

    • (a) admissible in evidence in all courts and before any person authorised to take evidence; and

    • (b) prima facie evidence of the proceedings they relate to.