Christian Churches New Zealand Property Trust Board Empowering Act 2016

Coat of Arms of New Zealand

Christian Churches New Zealand Property Trust Board Empowering Act 2016

Private Act
 
2016 No 1
Date of assent
 
13 April 2016
Commencement
 
see section 2

Preamble

Whereas it is intended that—

(a)

all of the existing property, rights, powers, and obligations of the Associated Churches of Christ Church Extension and Property Trust Board be transferred to the Christian Churches New Zealand Property Trust Board; and

(b)

the Associated Churches of Christ Church Extension and Property Trust Board be dissolved and that it be removed from the register of charitable trust boards under the Charitable Trusts Act 1957; and

The Parliament of New Zealand therefore enacts as follows:

1 Title

This Act is the Christian Churches New Zealand Property Trust Board Empowering Act 2016.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

Part 1 Preliminary provisions

3 Interpretation

In this Act, unless the context otherwise requires,—

new board means the Christian Churches New Zealand Property Trust Board incorporated as a board under Part 2 of the Charitable Trusts Act 1957

old board means the Associated Churches of Christ Church Extension and Property Trust Board

property

(a)

means every type of property; and

(b)

includes—

(i)

every type of estate and interest in property; and

(ii)

money; and

(iii)

all land registered in the name of the old board under the Land Transfer Act 1952.

4 Purpose

The purpose of this Act is to—

(a)

transfer all of the existing property, interests, powers, and obligations of the old board to the new board; and

(b)

dissolve the old board and remove it from the register of charitable trust boards under the Charitable Trusts Act 1957; and

Part 2 Transfer of property, rights, and obligations from old board to new board

5 Transfer of property, rights, and obligations

(1)

On and from the commencement of this Act, the property, rights, and obligations of the old board are vested in the new board.

(2)

Proceedings that could have been commenced or continued by or against the old board before the commencement of this Act may be commenced or continued by or against the new board on and from the commencement of this Act.

6 Matters not affected by transfer of property, rights, and obligations

The dissolution of the old board and the transfer of its property, rights, and obligations to the new board—

(a)

are not to be treated as placing a person in breach of, or default under, any contract, or in breach of trust, or in breach of confidence, or as otherwise making the person guilty of a civil wrong; and

(b)

are not to be treated as entitling a person to—

(i)

terminate or cancel or modify a contract, an agreement, or an arrangement; or

(ii)

enforce or accelerate the performance of an obligation; or

(iii)

require the performance of an obligation not otherwise arising for performance; and

(c)

do not release any surety wholly or in part from all or any obligation; and

(d)

do not invalidate or discharge any contract or security.

7 Dissolution of old board

(1)

On the commencement of this Act, the old board is dissolved.

(2)

The Registrar of Incorporated Societies must, as soon as practicable after the commencement of this Act, remove the name of the old board from the register kept under Part 2 of the Charitable Trusts Act 1957.

8 Reference in documents

On and from the commencement of this Act, references to the old board in any contract, lease, notice, order, proceedings, or other document have effect as if they were references to the new board.

9 Records and registers

(1)

Neither the Registrar-General of Land nor any other person charged with the keeping of any records or registers is obliged solely by reason of any provision of this Part to change any name in those records or registers or in any document.

(2)

In the absence of evidence to the contrary, an instrument (whether or not it is an instrument of transfer) is sufficient proof, when presented to the Registrar-General of Land or other person referred to in subsection (1), that any property, rights, or obligations have, under this Act, become the property, rights, or obligations of the new board if the following requirements are met:

(a)

the instrument has been, or purports to have been, executed by the new board; and

(b)

the property, rights, or obligations in question were the property, rights, or obligations of the old board immediately before the commencement of this Act; and

(c)

the instrument states that the property, rights, or obligations in question have become the property, rights, or obligations of the new board under this Act.

10 Repeal
Legislative history

28 July 2015

Introduction (Bill 52–1)

12 August 2015

First reading and referral to Government Administration Committee

10 December 2015

Reported from Government Administration Committee

2 March 2016

Second reading

16 March 2016

Committee of the whole House

6 April 2016

Third reading

13 April 2016

Royal assent