Reprint as at 30 January 2021
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
This Act is administered by the Treasury.
An Act to—
dissolve the New Zealand Railways Staff Welfare Society; and
transfer its assets and liabilities to a charitable trust; and
provide for incidental matters
(1)
This Act may be cited as the New Zealand Railways Staff Welfare Society Dissolution Act 1999.
(2)
This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
Section 1(2): New Zealand Railways Staff Welfare Society Dissolution Act 1999 brought into force, on 1 July 1999, by clause 2 of the New Zealand Railways Staff Welfare Society Dissolution Act Commencement Order 1999 (SR 1999/136).
In this Act, unless the context otherwise requires,—
charitable trust means the charitable trust established by deed dated 23 November 1993 with the name New Zealand Railways Staff Welfare Trust, and includes that trust under any other name
commencement day means the day on which this Act comes into force
society means the New Zealand Railways Staff Welfare Society established by Part 8 of the New Zealand Railways Corporation Act 1981
Welfare Board means the New Zealand Railways Staff Welfare Board established by Part 8 of the New Zealand Railways Corporation Act 1981.
On and from the commencement day,—
the society and the Welfare Board are dissolved; and
every management council or district committee appointed by the Welfare Board under section 106 of the New Zealand Railways Corporation Act 1981 is dissolved; and
the real and personal property and the rights and liabilities of the society vest in the charitable trust; and
any person who was a member of the society immediately before the commencement day becomes a member of the charitable trust; and
a contribution or levy held by another person as the agent of the society immediately before the commencement day is, on and from the commencement day, held by that person as the agent of the charitable trust; and
all proceedings pending by or against the society may be carried on, completed, or enforced by or against the charitable trust.
A person who, immediately before the commencement day, held office as a member of the Welfare Board is deemed to vacate that office on the commencement day.
A person who vacates that office solely as a result of this Act is not entitled to compensation for loss of the office.
As soon as reasonably practicable after the commencement day, the Chairman must arrange for a final report of the society to be completed.
The report must—
describe the society’s operations for the period beginning on 1 April immediately preceding the commencement day and ending with the close of the day immediately preceding the commencement day; and
be accompanied by a copy of the society’s audited accounts for that period.
(3)
The Chairman must ensure that a copy of the report and accounts is provided to a person who was a member of the society immediately before the commencement day, on the request of that person.
(4)
In this section, Chairman means the person who held office as the Chairman of the Welfare Board immediately before the commencement day.
A Registrar of Deeds, the Registrar-General of Land, or any other person charged with keeping books or registers is not required to change the name of the society to that of the charitable trust in the books, registers, or a document solely by reason of the provisions of this Act.
The presentation to a registrar or other person of an instrument, whether it is an instrument of transfer or not, by the charitable trust is, in the absence of evidence to the contrary, sufficient proof that the property is vested in the charitable trust if the instrument—
is executed, or purports to be executed, by the charitable trust; and
relates to property held by the society immediately before the commencement day; and
contains a recital that the property became vested in the charitable trust by virtue of the provisions of this Act.
Section 6(1): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Each trustee of the charitable trust must be appointed in the manner prescribed in the trust deed.
Each trustee holds office for a term prescribed or provided for by the trust deed.
The trust deed of the charitable trust must contain provisions—
specifying the persons who are entitled to be members of the trust, and the persons who may receive benefits from the trust:
for the collection of contributions to any fund or funds established by the trust:
for the keeping of accounts:
for the holding of, and voting at, meetings of trustees:
specifying the quorum required for the holding of meetings of trustees:
specifying the investment powers of the trustees:
specifying the borrowing powers of the trustees:
specifying the manner in which a vacancy in the office of trustee must be filled:
specifying the manner in which the trust deed may be varied.
For the purposes of the application to the charitable trust of the provisions of any other enactment or rule of law, all the purposes of the charitable trust are deemed to be charitable purposes.
The Trusts Act 2019 applies to the charitable trust, but does so subject to this Act.
Section 10 heading: amended, on 30 January 2021, by section 161 of the Trusts Act 2019 (2019 No 38).
Section 10: amended, on 30 January 2021, by section 161 of the Trusts Act 2019 (2019 No 38).
The enactments specified in the Schedule are repealed.
s 11
Amendment(s) incorporated in the Act(s).
This is a reprint of the New Zealand Railways Staff Welfare Society Dissolution Act 1999 that incorporates all the amendments to that Act as at the date of the last amendment to it.
Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.
Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.
Trusts Act 2019 (2019 No 38): section 161
Land Transfer Act 2017 (2017 No 30): section 250
New Zealand Railways Staff Welfare Society Dissolution Act Commencement Order 1999 (SR 1999/136)