Associated Churches of Christ Church Property Act 1929

  • repealed
  • Associated Churches of Christ Church Property Act 1929: repealed, on 14 April 2016, by section 10 of the Christian Churches New Zealand Property Trust Board Empowering Act 2016 (2016 No 1 (P)).

Reprint as at 14 April 2016

Associated Churches of Christ Church Property Act 1929

Private Act
 
1929 No 3
Date of assent
 
28 September 1929
 

Associated Churches of Christ Church Property Act 1929: repealed, on 14 April 2016, by section 10 of the Christian Churches New Zealand Property Trust Board Empowering Act 2016 (2016 No 1 (P)).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this eprint. See the notes at the end of this eprint for further details.

Contents

Title
Preamble
1Short Title
2Interpretation
Part 1
Vesting of properties in board
3Vesting certain lands described in Schedules 1 and 2 in the Associated Churches of Christ Church Extension and Property Trust Board
4District Land Registrars to enter memorials in Register-books pursuant to preceding section
5Procedure whereby individual Churches may vest their freehold or leasehold lands in the Board
6Entry of memorials by District Land Registrars to effectually vest lands affected in the Board freed from existing trusts
7Empowering the Board to accept trusteeship of any property upon trusts created by will or otherwise
8Directing trustees of any real property held on behalf of the Associated Churches of Christ in New Zealand to convey same to the Board if so decided by Conference
9Defining trusts upon which Board to hold real and personal property vested therein
Part 2
Church extension
10Defining trusts upon which Board to hold and administer Church Extension Fund
11Terms upon which loans may be granted
12Defining trusts upon which property (other than money) shall be held by Board for Church extension purposes
13Powers of Board in absence of directions of Conference
14Board to act as Trustees for any fund for any purpose in addition to Church extension purposes
Part 3
Constitution of board, and general
15Board to consist of not less than five nor more than nine members
16Personnel of Board
17Name of Board
18Vacancies on Board, how created and filled
19Appointment of temporary Trustees pending permanent appointment by Conference
20Registrar-General of Deeds to be notified of new appointment
21Appointment of officers of Board
22Contracts, how made, varied, or discharged
23Empowering Board to make rules and regulations for conduct of business
24Board in matters of policy to be subject to directions of Conference, but empowered to employ servants and to pay executive officers
25Making provision for administration expenses
26Execution of documents
27Certificate of Conference President to be conclusive evidence of contents thereof
28Safeguarding rights of third parties
Schedule 1
Schedule 2
Schedule 3
Reprint notes

An Act to vest in the Board of Trustees hereinafter mentioned the Freehold and Leasehold Lands belonging to certain of the Churches known as the Associated Churches of Christ in New Zealand, the said Lands and the Churches to which they belong being set forth and described in Schedule 1 hereto; to vest in the said Board the Church Property described in Schedule 2 hereto, and to provide a Simple Form of Procedure whereby any others of the said Associated Churches of Christ may vest their Freehold or Leasehold Properties in the said Board, subject to the Trusts, Powers, and Authorities hereinafter defined and set forth; also to rescind all other Trusts existing in respect of or relating to the Property of any of the said Associated Churches of Christ now or hereafter vested in the said Board, and to set forth the Trusts, Powers, and Authorities upon and subject to which all Church Properties hereby or hereafter to be vested in the said Board shall be held and managed; also to define and set forth the Powers and Authorities of the said Board with relation to certain Funds of the said Associated Churches of Christ now or hereafter vested in the said Board and the Trusts relating thereto, and also to validate the Transfer or Conveyance to the said Board of all Properties hitherto transferred or conveyed to the same.

Preamble

WHEREAS in the Dominion of New Zealand certain persons are members (as defined by section two of this Act) of Churches at various places in the said Dominion, which said Churches are affiliated to the religious body known as the Associated Churches of Christ in New Zealand (hereinafter referred to as the body): And whereas at a duly convened Conference of delegates of the said Churches held at South Dunedin on the eighteenth day of April, nineteen hundred and twenty-four, a Board of Trustees consisting of certain members of the said Churches was set up, to the intent that the said Board should hold as Trustees the lands of such of the said Churches as were desirous of vesting the same in the said Board, and also all real and personal property to be vested in the said Board for Church extension purposes: And whereas the said Board was duly incorporated under the Religious, Charitable, and Educational Trusts Act 1908: And whereas the said Board is known as the Church Extension and Property Trust Board of Associated Churches of Christ in New Zealand: And whereas by a certain deed-poll or declaration of trust bearing date the twentyninth day of January, nineteen hundred and twenty-five, the said Board attempted to define (a) the trusts upon and subject to which moneys raised or received by it, or real and personal property received, held, purchased, or acquired by it, for Church extension purposes were to be held, managed, lent, or expended, and the powers of the said Board relative thereto, and (b) the trusts upon and subject to which the said Board would hold all real or personal property held by it, either on behalf of any individual Church of Christ affiliating with the body or on behalf of the body itself, or on behalf of any society, club, or other organization connected with the body or any Church affiliated therewith, and the powers relating thereto: And whereas the Churches named in Schedule 1 hereto have transferred their respective properties (as described in column three of the said Schedule) to the said Board upon the trusts set forth in the said declaration of trust: And whereas doubts have arisen as to the ability of the said Board to legally hold the properties vested therein or other properties sought to be vested therein, and it is desirable that such doubts should be removed by legislative enactment: And whereas certain other Churches affiliated with the said body are desirous of vesting their respective properties in the said Board, subject to the trusts hereinafter defined, but are precluded from doing so by reason of the said properties being held under existing trusts, or are unable to do so without incurring the expense of first appointing new Trustees in place of those who have died, as well as other legal expenses: And whereas in the case of the property described in Schedule 2 hereto the Trustees thereof are (so far as is known) all deceased, and there is no person duly authorized to apply to the said Board to take over the said property: And whereas it is desirable that in this case the disabilities hereinbefore mentioned should be removed, and that a simple and ready means should be provided whereby the said property may be vested in the said Board upon the trusts and subject to the powers and authorities hereinafter defined and set forth:

BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

 
1 Short Title

This Act may be cited as the Associated Churches of Christ Church Property Act 1929.

2 Interpretation

In this Act, and for the purposes of this Act,—

Church shall mean the whole of the members whose names are for the time being on the roll of any congregation known or styled as a Church of Christ and affiliated to the body known as Associated Churches of Christ in New Zealand

Member shall mean any person who after public confession of his or her faith in the Lord Jesus Christ as the Divine Son of God and his or her personal Saviour, and after repentance towards God, has been immersed into the name of the Father, Son, and Holy Spirit, and who after such confession and immersion shall have his or her name inserted and remaining upon the roll of persons belonging to any Church of Christ according to the custom and practice of such Church

Body means the religious body known as the Associated Churches of Christ in New Zealand

Conference means the Dominion Conference or Convention of all duly appointed delegates of Associated Churches of Christ in New Zealand, or any special Conference or Convention of the same called or convened

Officers means the board of officers duly appointed to act as such by the members of any of the Associated Churches of Christ in New Zealand

Registrar means the Secretary for the time being of the Board of Trustees constituted under this Act

Real Property means and includes leasehold as well as freehold property

Board means the Associated Churches of Christ Church Extension and Property Trust Board as constituted under this Act.

Part 1 Vesting of properties in board

3 Vesting certain lands described in Schedules 1 and 2 in the Associated Churches of Christ Church Extension and Property Trust Board

The properties described in Schedules 1 and 2 hereto are hereby vested in the Board, subject to the trusts, powers, and authorities defined and set forth in section nine of this Act, freed and discharged from all trusts created in and by the original deed or declaration of trust (if any) relating thereto; and all memoranda of transfer under the Land Transfer Act 1952, or other deeds of assurance purporting to transfer, convey, or assign the said properties described in Schedule 1 hereto to the Board, are hereby validated.

The reference to the Land Transfer Act 1952 was substituted, as from 1 January 1953, for a reference to the Land Transfer Act 1915 pursuant to section 245(1) Land Transfer Act 1952 (1952 No 52).

4 District Land Registrars to enter memorials in Register-books pursuant to preceding section

The respective District Land Registrars in whose districts the lands described in Schedules 1 and 2 hereto are situated shall, on the passing of this Act, on receipt of an application in writing from the Registrar appointed under this Act, enter a memorial on the folium of the Register-book relating to the said land to the effect that the said lands have been vested in the said Board in pursuance of the last preceding section hereof.

5 Procedure whereby individual Churches may vest their freehold or leasehold lands in the Board

Any Church may vest its freehold or leasehold property in the said Board in the manner following, that is to say,—

(a)

At a meeting of the members of the Church duly convened by the Church officers, of which meeting not less than two clear weeks’ notice shall have been given by announcement at the regular Sunday services of the Church, a motion to the effect contained in the form numbered 1 of Schedule 3 hereto shall be put to the meeting, and shall be deemed to be carried if two-thirds of the members present and voting shall vote in favour thereof.

(b)

If the motion referred to in the last preceding paragraph shall be carried as therein provided, the Chairman of the meeting shall make a statutory declaration verifying the said motion in the form numbered 1 of Schedule 3 hereto, and shall forthwith cause the said declaration to be sent by registered post to the Registrar, who shall thereupon notify the District Land Registrar of the district in which the lands belonging to the Church are situate in the form numbered 2 of Schedule 3.

(c)

On receipt of the notification referred to in the last preceding paragraph hereof the District Land Registrar shall enter a memorial in the folium of the Register-book relating to the said lands, and also, if the said lands are under the Land Transfer Act, on the outstanding certificate of title thereto, to the effect that the said lands are vested in the Board under this Act.

6 Entry of memorials by District Land Registrars to effectually vest lands affected in the Board freed from existing trusts

Such memorial shall effectually vest the lands to which the same relates in the Board freed and discharged from all trusts previously subsisting with respect thereto, but subject nevertheless to all existing encumbrances and equities affecting the same, and such lands shall thereafter be subject to the trusts, powers, and authorities created and defined by this Act.

7 Empowering the Board to accept trusteeship of any property upon trusts created by will or otherwise

The Board is empowered to hold and administer, as Trustees for Church purposes, property of any description which may be given, devised, or bequeathed to it by will, or assigned, transferred, or conveyed to it by any person or body of persons, body corporate, company, or firm, upon the trusts annexed thereto by the person or body of persons, body corporate, company, or firm by whom or by which the said property is given, devised, bequeathed, assigned, transferred, or conveyed to the Board:

Provided, however, that the Board shall not be bound to accept the trusteeship of any property unless in its uncontrolled discretion it deems it expedient so to do.

8 Directing trustees of any real property held on behalf of the Associated Churches of Christ in New Zealand to convey same to the Board if so decided by Conference

If at any Conference of delegates representing Churches affiliated to the body not less than two-thirds of the delegates present vote in favour of a motion requesting the trustees of any real property held by them on behalf of the body (as such) to transfer or convey the same to the Board, the trustees shall forthwith transfer or convey the said property to the Board subject to the trusts upon and subject to which the same is already held by them, and in the absence of any defined trusts the Board shall hold the same subject to the wishes and directions of the body as expressed by resolution from time to time in Conference.

9 Defining trusts upon which Board to hold real and personal property vested therein

Unless otherwise provided by this Act, the Board shall stand possessed of all real and personal property that may become vested therein under Part 1 of this Act, subject to the following trusts:—

(a)

As to the properties described in Schedule 1 hereto, or any properties that may be vested in the Board under section five hereof, upon trust to hold the same for the officers and members of the Church to which the property belongs, and upon trust to permit the said Church to use and occupy the said land and premises, and all buildings now or hereafter to be erected thereon, as a place of worship and for the general purposes of the said Church; and upon trust, at the direction or request in writing of the said Church under the hand of the Secretary for the time being of the said Church, pursuant to a resolution passed by the said Church by a bare-majority vote of the members thereof present and voting at a special meeting duly called by the officers of the said Church, of which meeting not less than two clear weeks’ notice shall have been given by announcement at the regular Sunday meetings of the said Church, to do, perform, or permit any of the following things, that is to say: To sell, mortgage, exchange, lease, and accept surrenders of leases of the said premises, or any part thereof, as the said Church may direct, and to make and execute all such instruments or deeds, and do and concur in all such acts, as may be needful or expedient for carrying such directions or requests into effect, and to stand possessed of the moneys to arise from any such sale or mortgage, or received by way of equality of exchange, and any hereditaments to be taken in exchange, and any moneys received from any such lease unto and to the use of the said Church, and subject at all times to the directions thereof; and upon trust to permit the said Church to erect such buildings or other erections on the said land as it may from time to time think necessary or expedient, with the same liberty and freedom as if the legal estate in the property were vested in the said Church:

Provided always that under no circumstances shall the Board be called upon to execute a transfer or lease of the said land, or otherwise alienate the same, to any other religious body or any other organization, or to any person or persons or body corporate as agents or trustees for any other religious body or organization, except in the ordinary course of dealing, and not on account of any change in the religious beliefs or tenets of the members of the said Church or any of them or otherwise howsoever, or to any majority of the members of any Church seceding from the Associated Churches of Christ and retaining the name of Church of Christ while holding tenets or doctrines which on submission to the Associated Churches of Christ in Conference assembled shall be declared by a majority resolution to be at variance with the tenets and doctrines held by the body, the intention being that the said land (or if sold the proceeds thereof or any investment representing the same, or if leased the income and profits thereof) shall remain and be held for all time for and on behalf of the aforesaid body known as the Associated Churches of Christ in New Zealand:

(b)

As to the property described in Schedule 2 hereto, or the property or properties of any Church or Churches that may hereafter become defunct or be disbanded (from whatever cause), or that may secede from the body, upon trust to sell, mortgage, exchange, lease, and accept surrenders of leases of the said land and premises, upon or for such term or terms and upon and subject to such conditions as the Board may think fit; and all moneys derived from such dealings, after deducting all legal and other expenses properly incurred in the management and realization of the said lands or incidental thereto, shall fall into and form part of the Church Extension Fund:

Provided, however, that no Church shall be deemed to have become defunct, or to have disbanded, or to have seceded from the body, unless and until it has been so decided by a resolution duly carried by a bare-majority vote of delegates at a duly-convened Conference of the body pursuant to a notice of motion circulated amongst the Churches affiliated to the body not less than three months prior to the date of commencement of the said Conference:

Provided, further, that on a resolution being carried as aforesaid decreeing that a Church has seceded from the body such resolution shall be conveyed by registered post to the Secretary or other responsible officer for the time being of the Church so deemed to have seceded, accompanied by a notice requiring the said Church within three calendar months from the date hereof to vacate, deliver up possession of, and surrender to the Board all property, both real and personal, whatsoever belonging to the said Church; and upon the expiration of the said notice the said Church shall ipso facto be divested of all its estate or interest in the said real and personal property, which shall thenceforth be held by the Board subject to the trusts, powers, and authorities hereinbefore provided.

Part 2 Church extension

10 Defining trusts upon which Board to hold and administer Church Extension Fund

The Board shall stand possessed of all moneys raised or received by it for Church extension purposes, including all moneys representing repayments of loans previously made by the Board together with interest thereon (such moneys being known and referred to as the Church Extension Fund), upon the following trusts and subject to the following conditions, that is to say,—

(a)

To pay thereout all expenses reasonably incurred in raising or administering the said fund:

(b)

To submit to the Dominion Conference of the Associated Churches of Christ a properly audited statement of receipts and expenditure in respect of the said fund:

(c)

To submit from time to time to any directions or rules embodied in any resolutions passed by the body in Conference assembled with respect to the administration of the said fund:

(d)

Subject to the directions and consent of the body in Conference assembled, to purchase or lease lands, buildings, and premises, and to erect buildings of any description for Church extension purposes:

(e)

To improve, maintain, keep in repair, and insure against loss or damage by fire any properties, buildings, or premises held by the Board for Church extension purposes:

(f)

To provide loans to any of the Churches for the following purposes or any of them, namely:—

(i)

For the erection of buildings for Church purposes, including chapels, schoolrooms, halls, gymnasiums, and residences, or any other buildings to be used or occupied in connection with the work of the said Associated Churches of Christ or any of them:

(ii)

For alterations or additions to existing Church buildings, including chapels, schoolrooms, halls, gymnasiums, and residences, or any other building used or occupied in connection with the work of the said Associated Churches of Christ or any of them:

(iii)

For the purchase of land, whether freehold or leasehold, on which to erect any such buildings as aforesaid, or the purchase of land and buildings already erected for use and occupation as aforesaid:

(iv)

For leasing any premises for use as a chapel, schoolroom, hall, gymnasium, or residence:

(v)

For any other purpose in connection with the work of the said Associated Churches of Christ in New Zealand or any of them.

11 Terms upon which loans may be granted

Such loans shall be granted from time to time for such periods and subject to such conditions and restrictions as the Board may consider necessary and reasonable.

12 Defining trusts upon which property (other than money) shall be held by Board for Church extension purposes

Any property, whether real or personal (other than money), given, devised, or bequeathed to the Board for Church extension purposes shall be held by the Board upon and subject to the following trusts:—

(a)

Upon the trusts set forth in the will or other instrument (if any) creating the trust.

(b)

In the absence of any express trusts, then such property shall be held for Church extension purposes, subject always to the decision and directions of the body in Conference assembled.

13 Powers of Board in absence of directions of Conference

In the absence of any such directions or decisions, or in so far as the same are not inconsistent therewith, the Board shall with respect to the property referred to in the last preceding section or in paragraph (d) of section ten hereof be deemed to have the following powers and authorities:—

(a)

To sell, exchange, partition, lease, or otherwise dispose of the same:

(b)

To borrow money on mortgage of the property or any part thereof:

(c)

To apply the proceeds of any lands and premises sold, exchanged, or leased in or towards the purchase of other lands and premises; and such lands and premises so purchased shall be subject to the like trusts as the property sold.

14 Board to act as Trustees for any fund for any purpose in addition to Church extension purposes

The Board shall act as Trustees for any fund raised by the body for any purpose in addition to Church extension purposes on a resolution to that effect being passed by the body in Conference on a bare-majority vote of the delegates present and voting at such Conference.

Part 3 Constitution of board, and general

15 Board to consist of not less than five nor more than nine members

The Board shall consist of not less than five nor more than nine members.

16 Personnel of Board

The Board as at first constituted under this Act shall consist of the following members, namely: Duncan Campbell, of Wellington land-agent; George Day, of Wellington, builder; James Thomas Hunter, of Wellington, patent-agent; Milton Vickery, of Wellington, engraver; Albert Victor Williams, of Wellington, retired Civil servant; Ernest Vickery, of Auckland, watchmaker; Ernest Atcherley Perkins, of Auckland, auctioneer; John Inglis Wright, of Dunedin, advertising expert; and Thomas Pryde, Board Secretary, Invercargill.

17 Name of Board

The Board shall be known as “The Associated Churches of Christ Church Extension and Property Trust Board”, and shall be a body corporate with a common seal. By that name the Board may sue and be sued, plead and be impleaded, defend and be defended, in any Court of judicature in New Zealand or elsewhere, in the same manner and as fully and effectually as any individual person in New Zealand can or may do; and in that name may purchase, acquire, hold, and receive property of whatever description in the most full and ample manner that may be allowed by law, subject nevertheless to the provisions of this Act.

18 Vacancies on Board, how created and filled

If any Trustee shall die, or resign his office, or refuse or neglect to act, or shall cease to reside in New Zealand for more than twelve months in succession, or shall become a confirmed mentally defective person, or shall cease to be a member of one of the Associated Churches of Christ, or be suspended from membership therein, he shall be deemed to have resigned his office as Trustee, and he may at any time be removed from his office by resolution passed at a Dominion Conference of the said Churches; and the vacancy so created shall be filled by the appointment by the said Conference of another member:

Provided that no Trustee shall be discharged from his trusteeship by resignation unless at least five Trustees remain to perform the trusts created by this Act.

The words “mentally defective person” were substituted for the word “lunatic”, as from 1 March 1912, pursuant to section 134 Mental Defectives Act 1911 (1911 No 6).

19 Appointment of temporary Trustees pending permanent appointment by Conference

Pending the appointment of members of the Board as provided in the last preceding section, if and whenever, by reason of death, resignation, or other cause, the number of Trustees comprising the Board shall fall below five, the remaining members of the Board shall have power to appoint a sufficient number of new Trustees to make the number thereof up to five pending the next ensuing Dominion Conference, when the appointment or appointments so made may be confirmed or otherwise.

20 Registrar-General of Deeds to be notified of new appointment

The names of new Trustees appointed to the Board shall be notified to the Registrar-General of Deeds in Wellington in writing under the hand of the Registrar, and such notification shall be conclusive evidence in all Courts of the validity of the appointment of the Trustees named therein.

21 Appointment of officers of Board

(1)

The Board shall appoint a Chairman and Deputy Chairman, and shall also appoint one of its members to act as its Secretary, who shall in his capacity as Registrar have the custody of all deeds and documents relating to any property in respect of which the Board is the active or bare trustee.

(2)

The Board shall also appoint one of its members as Treasurer of the funds administered by the Board, and may if it thinks fit appoint its Secretary to also act as Treasurer.

22 Contracts, how made, varied, or discharged

Contracts may be made, varied, or discharged by the Board as follows: Any contract which if made between private persons, firstly, must be in writing under seal; secondly, must be in writing signed by the parties thereto; thirdly, may be made by parol, when made with the Board, in the first-mentioned case shall be in writing under seal; in the second case shall be signed by at least three members of the Board (one of whom shall be the Chairman, or in his absence the Deputy Chairman) on behalf of the Board; in the third case may be made by parol by the Chairman (or in his absence the Deputy Chairman) or Secretary of the Board ostensibly acting with the authority of the Board.

23 Empowering Board to make rules and regulations for conduct of business

The Board may from time to time make rules and regulations necessary for the proper conduct of the business of the Board, and regarding method of calling meetings, quorum, appointment of officers, voting-powers of Chairman, term of office of Chairman and other officers, and any other matters pertaining to the functions of the Board as to which rules and regulations may be found necessary, and may from time to time amend or rescind the same.

24 Board in matters of policy to be subject to directions of Conference, but empowered to employ servants and to pay executive officers

Except as to the express trusts and powers created by this Act, the Board shall in matters of policy be subject to the directions of the body in Conference assembled:

Provided, nevertheless, that the Board shall have power to employ such officers and servants as it may deem necessary for the due administration of the trust property vested therein or in the interests thereof, and at such remuneration as it may think fit, and may also pay such sums as it may deem advisable by way of honorarium or otherwise to any of its members holding office on the Board as Chairman, Deputy Chairman, Secretary, Treasurer, or otherwise.

25 Making provision for administration expenses

Except as hereinafter provided, all working and administration expenses properly incurred by the Board in the discharge of its functions under this Act shall be payable out of the Church Extension Fund:

Provided, however, that the Board may make and impose upon any Church, or any organization within any Church, vesting its property in the Board under the provisions of Part 1 of this Act a fee or charge to cover administration and clerical expenses, such fee or charge to be fixed from time to time by the body in Conference assembled:

Provided, further, that all expenses properly incurred in raising and administering any fund other than the Church Extension Fund shall be paid out of the first-mentioned fund.

26 Execution of documents

All documents requiring to be executed by the Board shall be executed by affixing thereto the common seal of the Board in the presence of two members of the Board, and such documents shall also be signed by the Chairman, or in his absence by the Deputy Chairman.

27 Certificate of Conference President to be conclusive evidence of contents thereof

A certificate under the hand of the President for the time being of any Dominion Conference of the Associated Churches of Christ in New Zealand, setting forth the decisions of Conference with reference to matters which may under this Act be dealt with by such Conference, shall be conclusive evidence in all Courts and tribunals of the decisions or resolutions embodied in such certificate.

28 Safeguarding rights of third parties

Nothing in this Act shall be taken to affect any lien or mortgage, or any conveyance or contract, created, entered into, or made before the passing of this Act by or with any person or persons for valuable consideration and bona fide without notice of the trusts affecting the lands purported to have been mortgaged, conveyed, or otherwise made the subject-matter of any contract or lien as aforesaid.

Schedule 1

Church.Location.Description of Property.
Dominion RoadDominion Road, Auckland

(1) All that parcel of land situate in the Suburbs of Auckland, containing 14.95 perches, more or less, being Lot 1 on Deposited Plan 20094, and being the whole of the land comprised in certificate of title, Volume 468, folio 2, Auckland Registry.

(2) All that parcel of land containing together 34.85 perches, be the same a little more or less, being Lots 2 and 3, shown on Deposited Plan 20094, being all the land comprised in certificate of title, Volume 468, folio 3, Auckland Registry.

(3) All that parcel of land containing 22.8 perches, be the same a little more or less, being parts Lots 1 and 2 on Deposited Plan 397, being all the land comprised in certificate of title, Volume 449, folio 176, Auckland Registry.

Point ChevalierPoint Chevalier

(1) All that parcel of land containing 24.2 perches, being Lot 3 on Deposited Plan 12228, being all the land comprised in certificate of title, Volume 308, folio 92, Auckland Registry.

(2) All that parcel of land containing 28 perches, more or less, being Lot 9 on Deposited Plan 15118, and being the whole of the land comprised in certificate of title, Volume 368, folio 198, Auckland Registry.

DevonportAucklandAll that piece of land in the Provincial District of Auckland, being Lot 4 on resubdivision of part of Lot 3 of the subdivision into lots of Allotment 2 of Section 1 of the Parish of Takapuna: bounded towards the east by Lot 3 of the said resubdivision, 147 ft 9 in; towards the south by other part of the said Lot 3 of the said subdivision, west by Lot 5 of the said resubdivision, 146 ft 6 in; and towards the north by Narrow Neck Road, 45 ft: be the same a little more or less: as the same is delineated on the plan drawn on Conveyance No 223665, Auckland Registry.
OnehungaOnehungaAll that piece of land in the Dominion of New Zealand, being part of Allotment 7 of Section 42 of the Village of Onehunga, in the Parish of Waitemata and County of Eden, and being lots 4 and 5 of the subdivision of the said Allotment 7: bounded towards the north by Trafalgar Street, 66 ft; towards the east by Lots 1, 2, and 3 of the said subdivision and other part of the said Allotment 7, 149 ft; on the south by part of Allotment 8 of the said Section 42, 66 ft; and on the west by Lot 6 of the said subdivision, 149 ft: be the said several admeasurements a little more or less: as the same is more particularly shown on the plan drawn on Conveyance No 207805 Auckland Registry.
PukekohePukekoheAll that parcel of land situated in the Provincial District of Auckland, containing by admeasurement 18.2 perches, more or less, being Lot 3 on Deposited Plan 18328, which said parcel of land is part of the land comprised in certificate of title, Volume 420, folio 117, Auckland Registry.
GisborneGisborneAll that parcel of land containing 39.6 perches, be the same a little more or less, being Lots 21 and 22 on a plan deposited in the Poverty Bay Lands Registry Office under No 1673, being portion of Suburban Section 131 of the Town of Gisborne, and being all the land comprised and described in certificate of title, Volume 64, folio 92, of the said office.
HastingsCorner Queen and Miller Streets, HastingsAll that parcel of land situate in the Provincial District of Hawke’s Bay and Borough of Hastings, containing 35.5 perches, more or less, being part of Subdivision E of the Heretaunga Block, and also Lot 1 on Deeds Plan 456, being all the land in certificate of title, Volume 101, folio 104, Napier Registry.
HaweraHaweraAll that parcel of land situate in the Town of Hawera, containing 1 rood, being Lot 36 on Deposited Plan 25, part of Section 6, being the whole of the land comprised in certificate of title, Volume 6, folio 265, New Plymouth Registry.
SpringvaleWanganuiAll that parcel of land containing 20 perches, more or less, being part of Sections 80 and 81, right bank Wanganui River, and being also part Lot 11 on Deposited Plan 2675, and all the land in certificate of title, Volume 299, folio 281, Wellington Registry.
Palmerston NorthPalmerston North20.8 perches, part of Lots 3 and 4 on Deposited Plan 22 of the subdivision of parts of Section 304 on the map of the Town of Palmerston North, being the whole of the land comprised in certificate of title, Volume 213, folio 157, Wellington Registry.
PetonePetoneAll that parcel of land containing 13.3 perches, being part Lot 11 on Deposited Plan 321, and part of Section 4, Hutt District, and also other part of the said Section 4, being the whole of the land comprised in certificate of title, Volume 143, folio 115, Wellington Registry.
Moorhouse AvenueCorner Moorhouse Avenue and Durham Street, ChristchurchAll those parcels of land containing together 28 perches, being Lots 3 and 4 on Deposited Plan 303, being part of Town Reserve Lot 142, being the whole of the lands comprised in certificate of title, Volume 43, folio 104, and Volume 69, folio 5, Christchurch Registry.
St AlbansCorner Flockton and Warrington Streets, ChristchurchAll that parcel of land, containing 24.1 perches, situate in the City of Christchurch, being parts Lots 19 and 20 on Deposited Plan 2421, being the whole of the land included in certificate of title, Volume 297, folio 67, Christchurch Registry.
AshburtonAshburtonAll that parcel of land containing 29.3 perches, be the same a little more or less, being part Town Sections 753 and 754, and being the whole of the land comprised in certificate of title, Volume 327, folio 170, Christchurch Registry.
MorningtonMornington, DunedinAll that parcel of land in the Provincial District of Otago, in the Dominion of New Zealand, situate in the Town District of Dunedin, being part of Section 74, Block VI, on the Record Map of the Suburban Districts of Otago, and being part of Allotment 14 on a plan of subdivision of part of the said Section 74 made by Arthur Roscoe and Thomas Stamford Roscoe, and deposited with the Registrar of Deeds at Dunedin as No 38: bounded towards the north by Argyle Street, 56.8 links; towards the east by Allotment 13 of the said subdivision, 225 links; towards the south by part of Section 23, Block VI, town district aforesaid, 56.8 links; and towards the west by other part of said Allotment 14, 225 links: as the same is delineated on the plan drawn on Conveyance No 81773, Otago Registry.
BurnsideBurnside Township31.5 perches, situate in the Township of Burnside, being Lot 9, Block V, on the plan of part of the said township, deposited in the Lands Registry Office at Dunedin as No 948, and being the whole of the land comprised in certificate of title, Volume 116, folio 62.

Schedule 2

Church.Location.Description of Property.
HampdenCorner Nottingham and Liverpool Streets, HampdenAll that piece of land in the Province of Otago, containing by admeasurement 1 rood, more or less, situate in the Town of Hampden, being Section 1, Block XX, on the map of the said town: bounded towards the north by Section 2 of the said block, 250 links; towards the east by Liverpool Street, 100 links; towards the south by Nottingham Street, 250 links; towards the west by part of Section 22 of the same block, 100 links: as the same is delineated on the plan drawn on Conveyance No 37607, Otago Registry.

Schedule 3

Form 1

form 1

In the matter of the Associated Churches of Christ Church Property Act 1929. I, A B, of , in the Dominion of New Zealand, do hereby solemnly and sincerely declare as follows:— 1. At a meeting of the members of the Church of Christ at in the said Dominion, duly convened in accordance with section 5 of the above-mentioned Act, I was elected Chairman of such meeting. 2. At the said meeting the following motion was duly proposed and seconded respectively by two of the members present:— That the real property belonging to this Church be vested in the Associated Churches of Christ Church Extension and Property Trust Board under the provisions of the above-mentioned Act. 3.That the said motion was put by me to the vote of the members of the said Church present at the said meeting, and was carried by the vote of not less than two-thirds of the members present and voting at the said meeting. 4. That the real property affected by the aforesaid resolution is as follows:— Nature of Tenure (Fee-simple, Leasehold, &c)AreaSituationDescription (Section Numbers, &c )Title ReferenceEncumbrances (Leases, if any) And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the Justices of the Peace Act 1927. Declared at , this day of , 19 , before me—

Form 2

form 2

In the matter of the Associated Churches of Christ Church Property Act 1929. I HEREBY certify that the Church of Christ at has applied to the Associated Churches of Christ Church Extension and Property Trust Board to accept the trusteeship of the undermentioned lands, and that at a meeting of the said Board held at on the day of it was decided to accept the trusteeship thereof under the provisions of the above-mentioned Act. I have therefore to request you to take the necessary steps to vest the said lands in the said Board as provided by the said Act. Nature of Tenure (Fee-simple, Leasehold, &c)AreaSituationDescription (Section Numbers, &c )Title ReferenceEncumbrances (Leases, if any)

Eprint notes
1 General

This is an eprint of the Associated Churches of Christ Church Property Act 1929 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 About this eprint

This eprint is not an official version of the legislation under section 18 of the Legislation Act 2012.

3 Amendments incorporated in this eprint

Christian Churches New Zealand Property Trust Board Empowering Act 2016 (2016 No 1 (P)): section 10