New Zealand Railways Staff Welfare Society Dissolution Act 1999

Reprint
as at 1 July 1999

Crest

New Zealand Railways Staff Welfare Society Dissolution Act 1999

Public Act1999 No 17
Date of assent7 April 1999
Commencementsee section 1(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.

This Act is administered by the Treasury.


An Act to—

  • (a) dissolve the New Zealand Railways Staff Welfare Society; and

  • (b) transfer its assets and liabilities to a charitable trust; and

  • (c) provide for incidental matters

1 Short Title and commencement
  • (1) This Act may be cited as the New Zealand Railways Staff Welfare Society Dissolution Act 1999.

    (2) This Act comes into force on a date to be appointed by the Governor-General by Order in Council.

    Section 1(2): New Zealand Railways Staff Welfare Society Dissolution Act 1999 brought into force, on 1 July 1999, by the New Zealand Railways Staff Welfare Society Dissolution Act Commencement Order 1999 (SR 1999/136).

2 Interpretation
  • In this Act, unless the context otherwise requires,—

    charitable trust means the charitable trust established by deed dated 23 November 1993 with the name New Zealand Railways Staff Welfare Trust, and includes that trust under any other name

    commencement day means the day on which this Act comes into force

    society means the New Zealand Railways Staff Welfare Society established by Part 8 of the New Zealand Railways Corporation Act 1981

    Welfare Board means the New Zealand Railways Staff Welfare Board established by Part 8 of the New Zealand Railways Corporation Act 1981.

Dissolution of society, etc

3 Dissolution of society
  • On and from the commencement day,—

    • (a) the society and the Welfare Board are dissolved; and

    • (b) every management council or district committee appointed by the Welfare Board under section 106 of the New Zealand Railways Corporation Act 1981 is dissolved; and

    • (c) the real and personal property and the rights and liabilities of the society vest in the charitable trust; and

    • (d) any person who was a member of the society immediately before the commencement day becomes a member of the charitable trust; and

    • (e) a contribution or levy held by another person as the agent of the society immediately before the commencement day is, on and from the commencement day, held by that person as the agent of the charitable trust; and

    • (f) all proceedings pending by or against the society may be carried on, completed, or enforced by or against the charitable trust.

4 Vacation of office by members of Welfare Board
  • (1) A person who, immediately before the commencement day, held office as a member of the Welfare Board is deemed to vacate that office on the commencement day.

    (2) A person who vacates that office solely as a result of this Act is not entitled to compensation for loss of the office.

5 Final report of society
  • (1) As soon as reasonably practicable after the commencement day, the Chairman must arrange for a final report of the society to be completed.

    (2) The report must—

    • (a) describe the society’s operations for the period beginning on 1 April immediately preceding the commencement day and ending with the close of the day immediately preceding the commencement day; and

    • (b) be accompanied by a copy of the society’s audited accounts for that period.

    (3) The Chairman must ensure that a copy of the report and accounts is provided to a person who was a member of the society immediately before the commencement day, on the request of that person.

    (4) In this section, Chairman means the person who held office as the Chairman of the Welfare Board immediately before the commencement day.

6 Registers
  • (1) A Registrar of Deeds, District Land Registrar, or any other person charged with keeping books or registers is not required to change the name of the society to that of the charitable trust in the books, registers, or a document solely by reason of the provisions of this Act.

    (2) The presentation to a registrar or other person of an instrument, whether it is an instrument of transfer or not, by the charitable trust is, in the absence of evidence to the contrary, sufficient proof that the property is vested in the charitable trust if the instrument—

    • (a) is executed, or purports to be executed, by the charitable trust; and

    • (b) relates to property held by the society immediately before the commencement day; and

    • (c) contains a recital that the property became vested in the charitable trust by virtue of the provisions of this Act.

Operation of charitable trust

7 Trustees
  • (1) Each trustee of the charitable trust must be appointed in the manner prescribed in the trust deed.

    (2) Each trustee holds office for a term prescribed or provided for by the trust deed.

8 Matters to be included in trust deed
  • The trust deed of the charitable trust must contain provisions—

    • (a) specifying the persons who are entitled to be members of the trust, and the persons who may receive benefits from the trust:

    • (b) for the collection of contributions to any fund or funds established by the trust:

    • (c) for the keeping of accounts:

    • (d) for the holding of, and voting at, meetings of trustees:

    • (e) specifying the quorum required for the holding of meetings of trustees:

    • (f) specifying the investment powers of the trustees:

    • (g) specifying the borrowing powers of the trustees:

    • (h) specifying the manner in which a vacancy in the office of trustee must be filled:

    • (i) specifying the manner in which the trust deed may be varied.

9 Purposes of charitable trust
  • For the purposes of the application to the charitable trust of the provisions of any other enactment or rule of law, all the purposes of the charitable trust are deemed to be charitable purposes.

10 Charitable trust subject to Trustee Act 1956
  • The Trustee Act 1956 applies to the charitable trust, but does so subject to this Act.

Other matters

11 Enactments repealed
  • The enactments specified in the Schedule are repealed.


Schedule
Enactments repealed

s 11

New Zealand Railways Corporation Act 1981 (1981 No 119)

Amendment(s) incorporated in the Act(s).

New Zealand Railways Corporation Restructuring Act 1990 (1990 No 105)

Amendment(s) incorporated in the Act(s).

Trustee Amendment Act 1988 (1988 No 119)

Amendment(s) incorporated in the Act(s).


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 New Zealand Railways Staff Welfare Society Dissolution Act 1999. The reprint incorporates all the amendments to the Act as at 1 July 1999, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

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)