New Zealand Presbyterian Church Act 1875
New Zealand Presbyterian Church Act 1875
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New Zealand Presbyterian Church Act 1875
New Zealand Presbyterian Church Act 1875
Public Act |
1875 No 9 |
|
Date of assent |
21 September 1875 |
|
Contents
An Act to define the position of the Presbyterian Church of New Zealand, and to provide for dealing with certain Properties held in Trust for purposes connected with such Church.
Preamble.
WHEREAS there is in the Colony of New Zealand a Church organized under the Presbyteries of Auckland, Hawke’s Bay, Wellington, Nelson, Christchurch, Timaru, and Westland, and known as “The Presbyterian Church of New Zealand:”
And whereas the members of the said Church are a body of Christians adhering to the doctrines contained in the Westminster Confession of Faith, and the Presbyterian form of Church Government by Presbyteries, Provincial or General Synods, and Kirk Sessions: And whereas the said Church has never had any actual connection with any Presbyterian Church in Scotland, but is and always has been governed in manner and in accordance with the doctrines aforesaid: And whereas in many cases real and personal property, for purposes connected with the Presbyterian Church of New Zealand, is held in trust under titles indicating a connection with Churches in. Scotland, and which connection has no actual existence: And whereas it is expedient that the legal position of the said Presbyterian Church in New Zealand should be defined by law, and that provision should he made enabling persons in whom Church properties are vested to deal therewith as hereinafter provided:
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.
The Short Title of this Act shall be “The New Zealand Presbyterian Church Act, 1875.”
2 Recognition of Presbyterian Church of New Zealand.
The Presbyterian Church now existing within the provinces aforesaid shall henceforth be known as “The Presbyterian Church of New Zealand.”
3 Officiating ministers under “The Marriage Act, 1854,”
to be deemed to be ministers of such Church under that Act.
All persons who at the time of the passing of this Act shall within the provinces aforesaid be registered under “The Marriage Act, 1854,”
as officiating ministers of the Church of Scotland, or of the Free Church of Scotland, or of any other Presbyterian congregation within such provinces, shall be and be deemed to be officiating ministers of the Presbyterian Church of New Zealand under the said Act, as effectually as if the said Presbyterian Church had been named in Schedule D to the said Act, and as if the names of such officiating ministers had been inserted in a list of officiating ministers of the said Presbyterian Church of New Zealand in manner required by “The Marriage Act, 1854.”
From and after the passing of this Act the Presbyterian Church of New Zealand shall be deemed to be one of the religious bodies enumerated in the said Schedule D.
4 Persons in whom Church properties vested may convey to Trustees for purposes in connection with Presbyterian Church.
It shall be lawful for the Trustees, or other the person or persons in whom any real or personal property shall be vested in manner hereinbefore set forth, if they shall think fit, on the request of the minister and the majority of the members of the congregation, to convey or transfer such property, or any part thereof, to Trustees appointed by the congregation to which the beneficial interest in such property belongs, to be held upon trust for such congregation, in connection with the Presbyterian Church of New Zealand, as recognized by this Act; and subject to this Act, and to any disposition or dealing with any such property permitted or authorized under the trusts on which the same shall be held as aforesaid, all such property shall be conveyed or transferred upon the like trusts for which the same was originally held by or vested in any such Trustees, or other person or persons as aforesaid, or upon and for such other trusts and purposes as by the person entitled in that behalf may be lawfully declared or agreed upon for the purposes of or in connection with the said Presbyterian Church.
5 Act not to affect “The Religious Educational and Charitable Trusts Act, 1856,”
or amending Acts.
Nothing in this Act contained shall be construed to interfere with the provisions of “The Religious Educational and Charitable Trusts Act, 1856,”
or any Act amending the same.
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Versions
New Zealand Presbyterian Church Act 1875
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