Thomas George Macarthy Trust Amendment Act 1972
Thomas George Macarthy Trust Amendment Act 1972
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Thomas George Macarthy Trust Amendment Act 1972
Thomas George Macarthy Trust Amendment Act 1972
Private Act |
1972 No 1 |
|
Date of assent |
1 September 1972 |
|
Contents
An Act to amend the Thomas George Macarthy Trust Act 1936 by enlarging the powers of the Public Trustee in relation to the special Buildings Replacement Fund established under that Act
WHEREAS by section 3 of the Thomas George Macarthy Trust Act 1936, the Board of Governors of the Thomas George Macarthy Trust may from time to time by resolution direct and appoint that such part of the annual rents, income, and profits, arising from the capital of the estate of Thomas George Macarthy, deceased, as the Board thinks fit shall be set aside and held by the Public Trustee as a special Buildings Replacement Fund in connection with the estate: And whereas by section 4 of that Act, the Public Trustee may from time to time apply the whole or any part of the special Buildings Replacement Fund to the replacement of any building or buildings owned by the estate which, in the opinion of the Public Trustee, should be so replaced, or in effecting such improvements to buildings owned by the estate as cannot properly be charged to income: And whereas by subparagraph (g) of paragraph 10 of the will of Thomas George Macarthy, deceased, the Public Trustee is empowered to purchase any lands required for the purpose of the trusts of the said will: And whereas to permit the adequate and economic future replacement or redevelopment of any building or buildings owned by the estate it may be necessary or desirable for the Public Trustee to purchase on behalf of the estate other land (with or without buildings thereon): And whereas it is considered that where other land as aforesaid is so purchased money from time to time standing in the special Buildings Replacement Fund should be available to help meet the purchase price so as to reduce the need to sell other assets of the estate or to raise money by way of mortgage for that purpose:
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 Thomas George Macarthy Trust Amendment Act 1972, and shall be read together with and deemed part of the Thomas George Macarthy Trust Act 1936 (hereinafter referred to as the principal Act).
2 Buildings Redevelopment and Replacement Fund
Section 3 of the principal Act is hereby amended by omitting the words “Buildings Replacement Fund”
, and substituting the words “Buildings Redevelopment and Replacement Fund”
.
3 Application of Fund
The principal Act is hereby further amended by repealing section 4, and substituting the following section:
“4
The Public Trustee may from time to time apply the whole or any part of the said special Buildings Redevelopment and Replacement Fund in all or any of the following ways:
“(a)
In the replacement or redevelopment of any building or buildings owned by the estate which in the opinion of the Public Trustee should be replaced or redeveloped:
“(b)
In or towards the purchase of any land (with or without buildings thereon), if the purchase of the land is in the opinion of the Public Trustee necessary or desirable for the adequate and economic replacement or redevelopment of any building or buildings to which paragraph (a) of this section applies:
“(c)
In effecting such improvements to buildings owned by the estate as cannot properly be charged to income.”
4 Private Act
This Act is hereby declared to be a private Act.
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Versions
Thomas George Macarthy Trust Amendment Act 1972
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