(1) The college site fund shall be administered by the Board.

(2) The capital and net income of the college site fund shall continue to be held by the Board upon trust for the provision of a site for the purpose of acquiring, constructing, repairing, or maintaining land and buildings for either a college or an associated hall of residence, or both.

(3) The Board shall not exercise any power of sale in respect of any land or buildings held in the college site fund without the consent of Synod, which consent shall be evidenced by a certificate issued by the Moderator or the Clerk of Synod for the time being or some other person authorised in that behalf by Synod.

(4) Unless the Board at any time otherwise determines, the net annual income of the college site fund shall each year be added to the capital of that fund.

(1) The college fund shall be administered by the Board.

(2) The net annual income of the college fund shall each year be applied by the Board, in accordance with the directions of Synod issued in accordance with section 25, for the purposes of—

• (a) acquiring, constructing, providing, repairing, or maintaining land and buildings used or to be used by Knox College or any other college comprising part of the college site fund; or

• (b) repaying any money borrowed at any time for such purposes.

(3) Any income not expended in any year in accordance with this section shall be carried forward and be available for expenditure in the following year.

(4) Notwithstanding subsection (3), Synod may from time to time direct, in accordance with section 25, that all or any specified part of such unexpended income be added to the capital of the college fund; and the Board shall capitalise that part in accordance with the direction.

(1) The regulations of Synod to be made for the purposes of this Act shall be made in the following manner:

• (a) they shall be passed as an Interim Act of Synod:

• (b) one copy of the Interim Act, together with written notice of the date on which Synod intends to finally adopt it, shall be sent to—

  • (i) each Minister and Elder who is for the time being a member of Synod; and

  • (ii) each Presbytery within the bounds of Synod:

• (c) each Presbytery under the jurisdiction of Synod shall be sent one more copy of the Interim Act and notice than there are Sessions within its bounds:

• (d) each such Presbytery shall thereupon send a copy of the Interim Act and notice to each Session within its bounds:

• (e) each such Session shall be entitled to appear before, and be heard by, its Presbytery on the subject of the Interim Act:

• (f) if any such Session disagrees with its Presbytery's recommendation to Synod on that subject, that Session shall be entitled to appear before, and be heard by, Synod on that subject before the Interim Act is adopted by Synod and before any alteration is made to any existing regulations.

(2) On the completion of the procedure prescribed by subsection (1), Synod may pass and adopt the Interim Act, with or without amendment, as regulations of Synod.

(1) When it is desired that directions be given by Synod for the purposes of this Act, Synod may at any time, by resolution, delegate the power to give such directions, either generally or in respect of any particular case or class of case, to—

• (a) any Presbytery; or

• (b) a special commission appointed in accordance with the usages of Synod; or

• (c) a special committee of Synod.

(2) Subject to any general or special directions given or conditions or restrictions imposed by Synod, the body to which any such power is so delegated may exercise that power in the same manner and with the same effect as Synod.

(3) Every body purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with its terms in the absence of proof to the contrary.

(4) A delegation under this section shall not affect the exercise of any power by Synod.

(5) Synod may at any time, by resolution, vary or revoke any delegation under this section, but any such variation or revocation shall not take effect until it has been communicated to the delegate.

(6) Every delegation and variation or revocation of a delegation under this section shall be evidenced by a certificate under the hand of the Moderator or Clerk of Synod or of some other person authorised in that behalf by Synod.

The directions of Synod issued for the purposes of this Act shall be made by way of—

• (a) regulations in force under section 23; or

• (b) a delegation in force under section 24.

(1) Each accounting year of the Board shall end with 31 December in each year.

(2) On or before 15 February in each year, the Board shall cause to be prepared, audited, and furnished to Synod such accounting statements as are necessary to fully and fairly reflect the financial operations of the Board for the immediately preceding accounting year and its financial position at the end of that accounting year.

(3) The dates of 31 December and 15 February referred to in this section may be varied from time to time by agreement between the Board and Synod.

The Board shall—

• (a) establish a budget of funds expected to be available for allocation from the various funds referred to in this Act and make that information available to Synod within 1 month after the end of each accounting year; and

• (b) adopt such accounting policies and standards as will fairly and accurately inform Synod to enable Synod to measure and assess performance against any budget of expected funds.

(1) All money that the Board is required to expend in respect of any fund referred to in this Act or of any asset held in the name of the Board shall be debited to the respective fund or asset.

(2) If the income or capital of any such fund or asset is insufficient to meet any expenditure incurred in respect of it, the Board may debit the amount of the insufficiency to, and recover it from, the ecclesiastical fund or the educational fund.

(1) The liability of the Board in respect of—

• (a) money raised upon the security of assets held in the name of the Board shall be limited to those assets, unless and to the extent that the Board extends that commitment under its common seal:

• (b) guarantees or other commitments entered into by the Board and not expressed to be in respect of any specific asset or trust shall be limited to and may be enforced only to the extent of the Board's general assets that are not held upon trust:

• (c) guarantees or other commitments entered into by the Board that are expressed to be in respect of a specific asset or trust and that are not secured against any asset of the Board shall be limited to the assets of that trust and the general assets of the Board.

(2) If any such liability has been incurred in order to provide money or credit for any congregation and the income or capital of any such asset or trust is insufficient to meet that liability, the Board may debit the amount of the insufficiency to, and recover it from, the ecclesiastical fund or the educational fund.

(1) Any unincorporated Deacons' Court, by application, in form 2 of the Schedule signed by the Chairman and Clerk of the Deacons' Court and with the Board's consent endorsed on it, may apply to the Registrar of the High Court at Dunedin for incorporation.

(2) Upon receipt of any such application, the Registrar shall issue to the Clerk of the Deacons' Court a certificate of incorporation in form 3 of the Schedule.

(3) On the issue of such a certificate of incorporation, the members of the Deacons' Court shall become a body corporate with the name specified in that certificate.

(4) Every such body corporate shall have perpetual succession and a common seal, and, subject to this Act, shall be capable of acquiring, holding, and disposing of real and personal property, of suing and being sued, and of doing all such acts and things as bodies corporate may lawfully do and suffer.

(5) Every certificate of incorporation issued under this section shall be sufficient evidence, in the absence of proof to the contrary, that all the requirements of this Act in respect of such incorporation and of matters precedent and incidental thereto have been complied with, and that the Deacons' Court is authorised to be incorporated and has been duly incorporated under this Act.

Notwithstanding section 3 of the Incorporated Societies Amendment Act 1953, any Deacons' Court incorporated under this Act may use the word “Incorporated” as the last word of its name.

Every Deacons' Court incorporated under the Otago Foundation Trust Board Act 1962 or the corresponding provisions of any previous enactment, and which is so incorporated immediately before the commencement of this section, shall on such commencement be deemed to have been incorporated under this Act.

(1) The issue of a certificate of incorporation under section 30 shall have the effect of vesting all real and personal property held by—

• (a) the members of the Deacons' Court to which the certificate relates in their capacity as such; or

• (b) any such member; or

• (c) any other person—

on behalf of the Deacons' Court, in the incorporated Deacons' Court without further conveyance or other assignment.

(2) On receipt by the appropriate District Land Registrar, or any other person charged with the keeping of any books or registers, of—

• (a) a written request from an incorporated Deacons' Court, under its seal, incorporating a reference to this section; and

• (b) the relevant certificate of title or other document of proprietorship; and

• (c) a copy of the certificate of incorporation of the Deacons' Court; and

• (d) a statutory declaration in respect of the property to which the request relates, made by all of the registered proprietors (up to a maximum of 3 declarants) or by any 3 persons acting as Deacons of the Deacons' Court, to the effect that the property has become vested in the incorporated Deacons' Court by virtue of this section; and

• (e) the prescribed fee (if any),—

the District Land Registrar or other person shall make such entries in his or her registers and on any outstanding documents of title or proprietorship and generally do all such things as may be necessary to give effect to the provisions of subsection (1) in respect of the property specified in the request.

On the issue of a certificate of incorporation under section 30, all rights, remedies, and powers existing as at the date of incorporation or which may, on or after that date, exist, arise under, upon, or in respect of, any deed, contract, instrument, matter, or thing made, entered into, or done by all or any of the former, existing, or future members of an incorporated Deacons' Court shall be exercised and enforced only by or against, as the case may be, the incorporated Deacons' Court.

(1) Every Deacons' Court incorporated under this Act shall, subject to this Act, have all the powers of a natural person.

(2) A Deacons' Court so incorporated shall not purchase, acquire, sell, exchange, dispose of, mortgage or otherwise pledge any land or interest in land without the written consent of the Board evidenced under the seal of the Board.

(1) The form of every incorporated Deacons' Court's common seal shall be such as is determined from time to time by the Deacons' Court.

(2) The affixing of an incorporated Deacons' Court's common seal shall be attested by at least 3 Deacons.

(3) The fact that any Deacon attests the affixing of the common seal shall be sufficient evidence that he or she is a Deacon in the absence of proof to the contrary.

(1) Any contract that, if made between private persons, must be by deed shall, if made by an incorporated Deacons' Court, be in writing under the common seal of the Deacons' Court.

(2) Any contract that, if made between private persons, must be in writing signed by the persons to be charged therewith shall, if made by an incorporated Deacons' Court, be in writing either under the common seal of the Deacons' Court or signed by any person acting on behalf of and under the express or implied authority of the Deacons' Court.

(3) Any contract that, if made between private persons may be made orally may, if made by an incorporated Deacons' Court, be made in the manner specified in subsection (1), or in the manner specified in subsection (2), or orally by any person acting on behalf of and under the express or implied authority of the Deacons' Court.

Anything done by any person purporting to act as a member of any incorporated Deacons' Court shall be valid notwithstanding any defect that may exist or be afterwards discovered in his or her appointment as such a member.

(1) Any incorporated Deacons' Court may apply in form 4 of the Schedule, under its common seal and with the endorsed consent of the Board, to the Registrar of the High Court at Dunedin to change its name to the name shown in the application.

(2) Upon receipt of any such application, the Registrar shall issue to the Clerk of the Deacons' Court a certificate in form 5 of the Schedule.

(3) On the issue of such a certificate the Deacons' Court to which it relates shall thereafter be known by its new name but otherwise shall be the same body corporate.

(4) On receipt by the appropriate District Land Registrar, or any other person charged with the keeping of any books or registers, of—

• (a) a written request from an incorporated Deacons' Court, under its seal, incorporating a reference to this section; and

• (b) the relevant certificate of title or other document of proprietorship; and

• (c) a copy of the certificate of change of name; and

• (d) the prescribed fee (if any),—

the District Land Registrar or other person shall make such entries in his or her registers and on any outstanding documents of title or proprietorship and generally do all such things as may be necessary to show the change of name in those registers and on those documents.

(1) If—

• (a) any congregation ceases to exist; or

• (b) the members of any congregation become so divided as to render the continued existence of the congregation, in Synod's opinion, undesirable; or

• (c) there is no person or body residing or existing within the Provincial District of Otago capable of dealing with the property of any congregation; or

• (d) any person or body corporate in whom or in which the property of any congregation is vested fails to obey or carry out the direction of Synod as to the manner in which such property or its income or proceeds should be held or applied; or

• (e) the Deacons' Court of any congregation (whether incorporated or unincorporated) so requests,—

Synod may direct, in accordance with section 25(a) or (in the case of a request made under paragraph (e)) in accordance with section 25(b), that all property held by the Deacons' Court (whether incorporated or unincorporated) of any such congregation, or by any person or body on behalf of any such Deacons' Court, or otherwise belonging to any such Deacons' Court, shall be held or disposed of, and the income and proceeds thereof applied, as specified in the direction of Synod.

(2) With the consent of the Board, Synod may direct, pursuant to subsection (1), that all property or its administration shall vest in the Board as trustee on and after such date as may be specified in the direction.

(3) On the issue of a direction pursuant to subsection (2), the Clerk of Synod shall issue a certificate in form 6 of the Schedule; and, in the absence of proof to the contrary, that certificate shall be sufficient evidence of the correctness of the matters referred to in it.

(4) On the issue of a certificate pursuant to subsection (3), the Board shall determine whether it will exercise its powers in respect of the property to which the certificate relates either in its own name or in the name and on behalf of the Deacons' Court referred to in the certificate.

(5) When the Board has made a determination under subsection (4), the Factor shall issue a certificate in form 7 of the Schedule in respect of the property to which the determination relates; and, in the absence of proof to the contrary, that certificate shall be sufficient evidence of the correctness of the matters referred to in it.

(6) On the issue of a certificate under subsection (5), the Board shall have full power to transfer, assign, or otherwise deal with the property or interest in property to which the certificate relates, either in its own name or in the name and on behalf of the Deacons' Court referred to in the certificate, whichever is specified in the certificate.

(1) With the consent of the Board, Synod may include in any direction given under section 40 (1) in respect of an incorporated Deacons' Court a requirement that an application for cancellation of incorporation be made.

(2) If such a requirement is made, the Clerk of Synod shall make an application in form 8 of the Schedule, incorporating the consent of the Board, to the Registrar of the High Court at Dunedin for the cancellation of the incorporation of the Deacons' Court in respect of which the requirement was made.

Any incorporated Deacons' Court may at any time apply, under its seal, in form 9 of the Schedule, incorporating the consent of the Board, for the cancellation of the incorporation of the Deacons' Court.

On receiving an application for cancellation of incorporation under section 41 or section 42, the Registrar of the High Court at Dunedin shall issue to the Factor a certificate of cancellation of incorporation in form 10 of the Schedule.

On the issue of a certificate of cancellation of incorporation under section 43, the net assets or liabilities, as the case may be, of the Deacons' Court to which the cancellation relates shall without further conveyance or other assignment be transferred into and form part of the capital of the manse fund and shall be administered by the Board as part of that fund.

(1) The following enactments are hereby repealed:

• (a) the Otago Foundation Trust Board Act 1962:

• (b) the Otago Foundation Trust Board Amendment Act 1968:

• (c) the Otago Foundation Trust Board Amendment Act 1986.

(2) Notwithstanding the repeal of the Otago Foundation Trust Board Amendment Act 1968, the provisions of subsections (3) and (4) of section 3 of that Act shall continue in force and operate as if such repeal had not been made.

This Act is hereby declared to be a private Act.