Wellington City Mission (Church of England) Act 1929

Reprint as at 19 October 1965

Coat of Arms of New Zealand

Wellington City Mission (Church of England) Act 1929

Private Act
 
1929 No 2
Date of assent
 
31 August 1929
Commencement
 
31 August 1929
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

An Act to vest in a new Board to be incorporated under Part 2 of the Religious, Charitable, and Educational Trusts Act 1908, certain real and personal property at present vested in the St Peter’s Taranaki Street Mission Trust Board (also incorporated under the said Part of the said Act), and certain other property, and to declare trusts concerning the same

Preamble

Whereas by a certain declaration of trust executed on 11 June 1908, by the Reverend George Paul Davys, of the City of Wellington, vicar of St Peter’s Parish, in the City of Wellington (a parish existing under the Constitution and Canons of the Church of the Province of New Zealand, commonly called the Church of England, and under the Acts of the Synod of the Diocese of Wellington, also existing under the said Constitution and Canons), and Thomas Ballinger, of the City of Wellington, merchant, trusts were declared concerning certain land which as it then existed was described in the said declaration of trust and is described in Schedule 1:

And whereas such trusts included (inter alia) the use of the said land and the building thereon for the purpose of holding in such building Divine service according to the tenets, rites, and ceremonies of the said Church and as part of the work of the said St Peter’s Parish, or of any parish within which the whole or the greater part of a certain area then and now in the said parish might thereafter be included, or of any parish or parochial district which might thereafter be constituted in connection with the said Church and in which the whole or the greater part of the said area should be included, such Divine service to be conducted by or under the supervision and control of the vicar of the said St Peter’s Parish or of any such other parish or parochial district as aforesaid, and also (subject to provision being made for the holding of Divine service as aforesaid within the said area) the use, with the approval of such vicar as aforesaid for the time being, of all unleased land and buildings for meetings of Church attendants and others, and classes, and for any other purpose in connection with the work of the said Church approved of by such vicar for the time being:

And whereas the said declaration of trust contained certain provisions requiring the consent or approval of the vicar of the said parish or of the vestry of the said parish to the exercise of certain powers thereby conferred:

And whereas on 22 May 1918, the then trustees under the said declaration of trust became incorporated under the Religious, Charitable, and Educational Trusts Act 1908, under the title of the St Peter’s Taranaki Street Mission Trust Board:

And whereas the land described in Schedule 1 became the centre of a work of the said Church known as the St Peter’s Mission, and such work became greatly extended and large sums of money were raised for it:

And whereas such sums of money have been employed in part in discharging the mortgage formerly charged upon the land described in the said Schedule 1, and in the acquisition of the real property described in Schedule 2:

And whereas on 1 August 1922, the said St Peter’s Taranaki Street Mission Trust Board executed a declaration of the trusts upon which the said real property described in the said Schedule 2, and any moneys and other property which were in or might from time to time come into its hands from any sources in connection with the said St Peter’s Mission otherwise than under the provisions of the first-mentioned declaration of trust were or would be held by it:

And whereas the last-mentioned declaration of trust contained certain provisions requiring in certain events the approval of the vicar or other clergyman for the time being having the charge of the parish or parochial or other ecclesiastical district in which the headquarters of the said Mission should for the time being be situate:

And whereas the work carried on in connection with the said Mission has greatly extended, and it is desirable that the same should be carried on in future as a diocesan work not associated with any particular parish, and that the property described in the said Schedules 1 and 2 should be vested in a new Board to be incorporated under the said Act, and that new trusts should be declared concerning the said property and any moneys or property which may in future be raised or acquired for the purposes of the said Mission.

 
1 Short Title

This Act may be cited as the Wellington City Mission (Church of England) Act 1929.

2 Power to appoint new trustees of Mission property

At any time after the passing of this Act the Diocesan Trusts Board for the said Diocese of Wellington may by deed in or to the effect of the form set out in Title F, Canon I, clause 9, of the said Canons appoint not less than 5 nor more than 9 persons to be the trustees of the real and personal property described in the said Schedules 1 and 2, and of all other property (if any) which may at the date of such appointment be or prior to the incorporation of such trustees in the manner hereinafter mentioned become vested in the said St Peter’s Taranaki Street Mission Trust Board.

3 Vesting of property in new Board of Trustees upon incorporation

Upon such appointment being executed in the manner prescribed by the Canons of the said Church, and upon the trustees so appointed being incorporated under Part 2 of the said Act under the name of the Wellington City Mission Trust Board, or some similar name to be approved by the Standing Committee of the Synod of the Diocese of Wellington, all the property referred to in section 2 shall by force of this Act become vested in the trustees so incorporated (hereinafter called the new Board), to be held by the new Board upon the trusts specified in section 5, and with the powers conferred by and subject to the provisions of sections 6 to 11 inclusive, and the new Board shall be entitled without further authority than this Act to be registered as proprietor of all or any part or parts of such property in succession to the said St Peter’s Taranaki Street Mission Trust Board.

4 Interpretation of trust deeds and wills relating to property for the existing Mission

On and after the incorporation of the new Board in manner described in section 3, any real or personal property which may heretofore have been or may now or hereafter be held upon trust for or devised or bequeathed to the St Peter’s Taranaki Street Mission Trust Board, or for or to the work of the said St Peter’s Taranaki Street Mission, shall be held upon trust for or belong to the new Board.

5 New trusts of Mission property

All the property which shall become vested in the new Board by virtue of this Act, and all property which may subsequently become vested in the new Board, and all property which may under the provisions of this Act or otherwise be held by any person or persons, corporation or corporations, upon trust for the new Board (both capital and income) shall be held upon trust to be applied in or towards all or any 1 or more of the following purposes:

(a)

for use in connection with or for the purposes of a Mission in the City of Wellington in connection with the said Church; and

(b)

for the holding of Divine service in connection with the said Mission in accordance with the tenets, rites, and ceremonies of the said Church; and

(c)

for all such religious, charitable, and educational works of the said Church in connection with the said Mission as heretofore have been or usually are carried on in connection with city missions, as the new Board may direct, including in particular (but without restricting the generality of the trust) the conduct of Sunday schools, day schools, night schools, hostels, boarding houses, clubs, and gymnasiums.

5A Mission extended

Notwithstanding anything to the contrary in section 5, but subject to the terms of any trust or endowment, all property which shall, after the passing of the Wellington City Mission (Church of England) Amendment Act 1965, become vested in the Wellington City Mission (Church of England) Trust Board, but not including any property which may have been held in trust for the said Board prior to the passing of the Wellington City Mission (Church of England) Amendment Act 1965, may, in addition to the purposes set out in section 5 be applied by the said Board for use in connection with or for the purposes of a mission throughout the Diocese which for the time being shall include the City of Wellington.

Section 5A: inserted, on 19 October 1965, by section 2 of the Wellington City Mission (Church of England) Amendment Act 1965 (1965 No 1 (P)).

6 Powers of sale, exchange, mortgage, and acquisition of property

(1)

The new Board shall have with regard to all real and personal property from time to time vested in it all the powers in general of an absolute owner, including in particular power from time to time to sell, exchange, or mortgage the whole or any part or parts of its property upon such terms and conditions and at such prices or for such consideration as it shall think fit.

(2)

The new Board shall also have in particular power to purchase, take on lease or hire, or otherwise acquire and hold, any real or personal property, and to erect, construct, extend, or maintain buildings and other improvements thereon, for any of the purposes of the said Mission, whether such property be situated within the City of Wellington or not, upon such terms and conditions and at such prices or for such consideration as it shall think fit.

Section 6(1) proviso: repealed, on 19 October 1965, by section 3 of the Wellington City Mission (Church of England) Amendment Act 1965 (1965 No 1 (P)).

Section 6(2) proviso: repealed, on 19 October 1965, by section 3 of the Wellington City Mission (Church of England) Amendment Act 1965 (1965 No 1 (P)).

7 Protection of purchasers, etc

No person dealing with the new Board shall be concerned to inquire whether or not the consent of the said Synod or the said Standing Committee as required by section 6 has been given, or as to the necessity or propriety of any transaction into which the new Board may propose to enter with such person, or to see to the application of any moneys or other property which may be payable or transferable to the new Board as part of such transaction.

8 Power to make regulations for direction, etc, of Mission

The Synod of the diocese which for the time being shall include the City of Wellington, or the Standing Committee of such Synod if expressly empowered by such Synod in that behalf, shall have power to make, and the new Board shall observe, all such regulations as such Synod or Standing Committee shall deem expedient for the direction, management, and control of the said Mission and of the works carried on in connection with the same under the authority of this Act, including in particular (but without restricting the generality of the power hereby conferred) the manner in and the terms and conditions upon which appointments to the staff of the said Mission shall be made and terminated, the control of the finances of the said Mission (including in particular the reservation or appropriation of property to separate works of the said Mission), and the fixing of the charges (if any) to be made for the use of the institutions controlled by the said Mission.

9 Power to hand over direction of Mission to Wellington Diocesan Social Service Board

The new Board may at any time, under any power conferred by any Act of the Synod of the diocese which for the time being shall include the City of Wellington, and with the consent of such Synod or the Standing Committee thereof, transfer the management and direction of the said Mission to the Wellington Diocesan Social Service Board (constituted under the Act of the Synod of the Diocese of Wellington called the Social Service Board Act 1923), or any other Board which may at any time hereafter be constituted under any such Act as is first mentioned in this section in substitution for or with objects similar to those of the said Wellington Diocesan Social Service Board, and in that event the new Board shall, so far as shall not be inconsistent with the trusts declared by this Act, carry out the directions from time to time given to it by the said Wellington Diocesan Social Service Board or such other Board as aforesaid, and exercise the powers conferred by this Act in accordance with such directions:

provided that no person dealing with the new Board after such transfer of direction as aforesaid shall be concerned to inquire whether any direction has been given to the new Board under this section with respect to such dealing, or whether the dealing is consistent with such direction, or otherwise as to the propriety or regularity of the transaction.

10 The Bishop to be a member of the Board

The Wellington City Mission (Church of England) Trust Board shall consist of the Bishop of the Diocese which for the time being shall include the City of Wellington, ex officio, or his or her Vicar-General when the Bishop shall be absent from the said Diocese or when although not absent he or she shall be prevented by illness or other serious cause from acting personally, and such number as the Synod of the said Diocese may from time to time determine of other members appointed and to hold office under the provisions of Title F, Canon 1, clauses 10 to 17 (inclusive), and clause 19 of the said Canon or of any Canon or statute enacted by the General Synod of the said Church amending the same or in substitution therefor.

Section 10: replaced, on 19 October 1965, by section 4 of the Wellington City Mission (Church of England) Amendment Act 1965 (1965 No 1 (P)).

11 Protection of trustees

The members of the new Board may in purchasing any land accept such title or evidence of title as they shall consider sufficient without being responsible for any loss thereby occasioned. And no member of the new Board shall be responsible for the acts or defaults of any other member, or for allowing any other member to retain in his or her sole possession any money securities or instruments of title, or for not causing proceedings to be taken against any other member, but each member shall be liable only for his or her own individual gross and wilful defaults involving personal misconduct on his of her part as distinguished from misconduct regarded as such by the Courts under their equitable jurisdiction.

12 Saving of certain express trusts

The provisions of this Act shall, as regards any real or personal property which may hereafter be given to, or which may by the will or any codicil of any testator dying after the passing of this Act be devised or bequeathed to, or which may under the provisions of section 4 hereafter become vested in, the new Board, be subject to the express provisions of the instrument effecting the gift, devise, or bequest.

13 Costs and charges of Act

All costs, charges, disbursements, and expenses of and incidental to the preparing for, obtaining, and passing of this Act, or otherwise in relation thereto, shall be paid by the St Peter’s Taranaki Street Mission Trust Board.

Schedule 1 Land described in declaration of trust dated 11 June 1908

All that parcel of land, being part of Section 134, City of Wellington, having a frontage to Taranaki Street of 30 feet by a depth of 165 feet, together with a dwellinghouse erected thereon, and also with a right of way over an adjoining strip of land having 2 feet 2½ inches frontage to Taranaki Street by a depth of 108 feet 8 inches, and subject to a right of way over a strip of the first-described land having a like frontage of 2 feet 2½ inches to Taranaki Street and a depth of 108 feet 8 inches, adjoining the said other strip, and being part of the land now comprised in certificate of title, Volume 374, folio 127.

Schedule 2 Land subject to the declaration of trust dated 1 August 1922

1

All that parcel of land containing 17.4 perches and being part Section 133, City of Wellington, and the whole of the land comprised in certificate of title, Volume 163, folio 192, Wellington District Land Registry.

2

All that parcel of land containing 9.1 perches and being part Section 133, City of Wellington, and the whole of the land comprised in certificate of title, Volume 163, folio 191, Wellington District Land Registry.

3

All that parcel of land containing 23.22 perches, more or less, and being part Section 134, City of Wellington, and Lot 1 on Deposited Plan No 8191, and the whole of the land comprised in certificate of title, Volume 376, folio 126, Wellington District Land Registry.

4

All that parcel of land containing 36.56 perches, more or less, and being part Section 134, City of Wellington, and Lot 2 on Deposited Plan No 8191, and the whole of the land comprised in certificate of title, Volume 376, folio 127, Wellington District Land Registry, less the land described in Schedule 1.

Reprints notes
1 General

This is a reprint of the Wellington City Mission (Church of England) Act 1929 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Wellington City Mission (Church of England) Amendment Act 1965 (1965 No 1 (P))