In this Part of this Act, trust property means any money raised or given, or any real or personal property devised, bequeathed, or given or in respect of which a trust is created, whether before or after the commencement of this Act, and held on behalf of the Presbyterian Church or any part of it by a trustee—

• (a) For any object or purpose directly or indirectly associated with or relating to the Presbyterian Church or the whole or any part of any synod, presbytery, charge, congregation, or mission of the Presbyterian Church; or

• (b) For the purpose of furthering social services, hospital or residential care, or educational needs directly or indirectly associated with or relating to the Presbyterian Church,—

whether or not any such trust property has been invested in real or personal property pending its application for that object or purpose.

(1) This Part of this Act shall not apply to any trust property in respect of which, before or after the passing of this Act, a scheme has been approved by the High Court or the Attorney-General under Part 3 or Part 4 of The Charitable Trusts Act 1957 or an application has been made for such approval and not withdrawn.

(2) Except as provided in subsection (1) of this section, the provisions of this Part of this Act are in addition to the provisions of The Charitable Trusts Act 1957 and the provisions of section 10 of The Presbyterian Church Property Amendment Act 1974, to the intent that a trust may be varied under this Part of this Act, or under either of the said Acts.

If—

• (a) It becomes or has become impossible or impracticable or inexpedient to carry out the object or purpose of the trust on which any trust property is held; or

• (b) The amount of any trust property available is inadequate to carry out the object or purpose on which the trust property is held; or

• (c) The object or purpose on which any trust property is held has been effected already,—

the trustee of the trust property may prepare or cause to be prepared a scheme in writing for the application or disposal of the trust property for some other charitable object or charitable purpose or for a combination of charitable objects or charitable purposes or charitable objects and charitable purposes.

Every scheme prepared under section 6 of this Act shall be submitted by the trustee of the trust property to—

• (a) A commission of the Presbyterian Church, which shall be a commission authorised by the General Assembly to consider applications under this Part of this Act and which shall include at least 2 persons having legal qualifications; or

• (b) A legal adviser appointed by the General Assembly.

If a scheme prepared under section 6 of this Act relates to trust property that is held for a charitable purpose within the meaning of Part 3 of The Charitable Trusts Act 1957,—

• (a) The scheme shall provide for the application or disposal of that trust property for a purpose of a kind specified in section 4 of this Act which is also a charitable purpose; and

• (b) The trustee of the trust property in preparing the scheme, and the commission or legal adviser in considering and reporting on the scheme, and the General Assembly to which the scheme is submitted, shall act in accordance with the rules of law that would be applied by the High Court on an application made to it under Part 3 of The Charitable Trusts Act 1957 if the scheme were submitted to the High Court under that Part of that Act.

Every scheme submitted under section 7 of this Act shall be accompanied by a statement giving full information about the reasons for the proposed application or proposed disposal of the trust property, together with a copy of the trust instrument (if any).

On receipt of the scheme, the commission of the Presbyterian Church or the legal adviser to whom the scheme is submitted shall direct the trustee of the trust property as to the person or persons (if any) who shall be served with notice of the scheme and in what manner (if any) public notice of the scheme shall be given.

Any notice served or given under section 10 of this Act—

• (a) Shall state that any person may, within 60 days after the receipt or publication of the notice,—

  • (i) Lodge with the commission or legal adviser written objections to the scheme; or

  • (ii) Make written representations concerning the scheme to the commission or legal adviser; and

• (b) Shall specify an address to which any such written objection or written representation may be sent within 60 days after the receipt or publication of the notice.

(1) The commission or legal adviser may, if it or the legal adviser thinks fit, after considering the scheme and any objections or representations made in respect of the scheme, remit the scheme to the trustee of the trust property for consideration of any amendments the commission or legal adviser may suggest.

(2) Subject to sections 13 and 14 of this Act, the commission or legal adviser—

• (a) Shall report on the scheme with such amendments (if any) as the trustee of the trust property may accept; and

• (b) Shall submit to the General Assembly—

  • (i) The scheme; and

  • (ii) The report made by the commission or legal adviser on the scheme; and

  • (iii) Any objections or representations made in respect of the scheme.

Where the scheme relates to trust property that is held for a charitable purpose within the meaning of Part 3 of The Charitable Trusts Act 1957, the commission or legal adviser shall, before reporting on the scheme under section 12 of this Act, send to the Attorney-General written notice of the scheme, together with copies of the statement and trust instrument referred to in section 9 of this Act.

(1) The commission or legal adviser shall, in reporting on the scheme under section 12 of this Act, have regard to any objections that are given to the commission or the legal adviser by the Attorney-General within 90 days after the date on which the notice under section 13 of this Act is given to the Attorney-General.

(2) If the Attorney-General objects to the scheme on the ground that the scheme is not one that should be approved by the Court under Part 3 of The Charitable Trusts Act 1957, the scheme shall not be approved under this Part of this Act.

Subject to sections 13 and 14 of this Act, if the scheme is approved by the General Assembly, it shall have effect according to its tenor, notwithstanding the terms of any instrument by which the trust was created.

(1) This Part of this Act applies to the following trust funds:

• (a) All trust funds that, at the commencement of this Act, are vested in the Trustees or in other trustees—

  • (i) For the purposes of Presbyterian orphanages or children's homes in New Zealand; or

  • (ii) For the care, welfare or benefit of persons being cared for or formerly cared for in Presbyterian orphanages or children's homes in New Zealand; and

• (b) Any trust funds that, after the commencement of this Act, are received or held by the Trustees or other trustees for any of the purposes specified in paragraph (a) of this subsection.

(2) This Part of this Act shall not apply where there is no general charitable intention in the trust or where the trust is not charitable.

(3) This Part of this Act applies whether the instrument creating the relevant trust was executed before or after the passing of this Act.

(1) Notwithstanding the terms of any trust, but subject to subsection (2) of this section, every trust fund to which this Part of this Act applies that is held by the Trustees shall be held and administered for the welfare of children in New Zealand.

(2) Where any trust fund to which this Part of this Act applies is held by the Trustees for the purposes of or in connection with a specific Presbyterian orphanage or children's home, subsection (1) of this section shall apply in relation to that trust fund only where it is impossible or impracticable or inexpedient to give effect to those original purposes.

(1) Any trustee or other person, whether incorporated or not, who, at the commencement of this Act or after the commencement of this Act, hold funds or properties on trust for any of the purposes specified in section 16 of this Act may pay or transfer the whole or any part of any such funds or properties to the Trustees or to the appropriate incorporated social service organisation or organisations of the Presbyterian Church in the area concerned to be held by the Trustees or by such incorporated social service organisation or organisations as trustee or trustees thereof.

(2) Where any funds or property are, under subsection (1) of this section, paid or transferred to the Trustees or to any such incorporated social service organisation or organisations, the Trustees or the incorporated social service organisation or organisations may apply the funds or property so paid or transferred as if,—

• (a) In the case of the Trustees, the funds or property were funds or property held by the Trustees under section 17 of this Act; and

• (b) In the case of the incorporated social service organisation or organisations, that organisation or those organisations, as the case may be, were the Trustees and the funds or property were held by the Trustees under section 17 of this Act.

(3) Subsection (2) of this section shall have effect notwithstanding that the powers of application conferred by this Act in relation to the funds or property transferred are wider than the powers conferred on the transferor by any instrument creating the trust.

(4) The Trustees may invest and amalgamate funds transferred to the Trustees under subsection (1) of this section with other trust funds held by the Trustees in the Amalgamated Investment Fund established under The Presbyterian Church Property Trustees Empowering Act 1957.

(5) No trustee or other person who pays or transfers, under subsection (1) of this section, the whole or any part of any funds or properties shall remain liable for the proper application of the capital and income of those transferred funds or properties in accordance with any instrument creating the trusts, but the Trustees or other transferee shall, subject to the modifications made to the trusts by this Act, become liable for the proper application and administration of the capital and income of those funds or properties in accordance with any instrument creating the trusts.

The Trustees may, in the exercise of their powers under sections 17 and 18 of this Act, join or act in association with any other persons or bodies of persons in doing any act or thing which, in the opinion of the Trustees, will be for the benefit or the welfare of children in New Zealand.

Section 3 of the principal Act is hereby amended by repealing the definition of the term “Presbyterian Church”, and substituting the following definition:

(1) The principal Act is hereby amended by repealing section 9, and substituting the following section:

(2) Section 10 of the principal Act is hereby consequentially amended—

• (a) By omitting the words “and seal of the Registrar of the High Court”, and substituting the words “of the District Registrar of Companies”; and

• (b) By omitting the words “seal or”.

Section 14 of the principal Act is hereby amended by adding, as subsection (2), the following subsection:

(1) Section 21 of the principal Act is hereby amended by repealing subsection (2), and substituting the following subsection:

(2) Section 21 of the principal Act is hereby further amended by repealing subsection (4), and substituting the following subsection:

The principal Act is hereby amended by repealing section 24, and substituting the following section:

(1) Schedule 2 to the principal Act is hereby amended by repealing clause 6 (as amended by section 3(7)(b) of The Presbyterian Church Property Amendment Act 1974), and substituting the following clauses:

(2) Section 3(7)(b) of The Presbyterian Church Property Amendment Act 1974 is hereby consequentially repealed.

Schedule 2 to the principal Act is hereby further amended by repealing paragraph (4) of clause 11, and substituting the following paragraph:

(1) Section 5 of The Presbyterian Church Property Act 1885 Amendment Act 1914 is hereby amended by omitting the words “, with the consent of the General Assembly,”.

(2) Paragraph (e) of section 5 of The Presbyterian Church Property Act 1885 Amendment Act 1914 (as amended by section 3(8) of The Presbyterian Church Property Amendment Act 1974) is hereby amended by inserting, after the word “Act”, the words “or by The Trustee Act 1956”.

(3) Section 5 of The Presbyterian Church Property Act 1885 Amendment Act 1914 is hereby further amended by adding, as subsection (2), the following subsection:

(1) Section 5A of The Presbyterian Church Property Act 1885 Amendment Act 1914 (as inserted by section 4 of The Presbyterian Church Property Amendment Act 1963 and amended by section 4 of The Presbyterian Church Property Amendment Act 1974) is hereby amended by repealing subsection (1), and substituting the following subsection:

(2) Section 4 of The Presbyterian Church Property Amendment Act 1974 is hereby consequentially repealed.

Section 2(1) of The Presbyterian Church Property Amendment Act 1930 is hereby amended by omitting the expression “section five”, and substituting the expression “sections 4 and 5”.

Subsection 3(8) of The Presbyterian Church Property Trustees Empowering Act 1957 (as substituted by section 5(2) of The Presbyterian Church Property Amendment Act 1974) is hereby amended by repealing the proviso.

Section 3 of The Presbyterian Church Property Amendment Act 1974 is hereby amended by repealing subsections (2) to (4), and substituting the following subsection:

The Presbyterian Church Property Amendment Act 1974 is hereby amended by inserting, after section 11, the following section:

All costs, charges, disbursements, and expenses incidental to the preparation, obtaining, and passing of this Act shall be paid by the Outreach Fund of the General Assembly.

This Act is hereby declared to be a private Act.