Christian Churches New Zealand is the name given to an association of more than 30 congregations throughout New Zealand. Until 2012, they generally described themselves locally as Churches of Christ. Together they are still known legally as The Associated Churches of Christ in New Zealand.

Christian Churches New Zealand congregations are autonomous but they act together through their regular national conferences.

The global family of Christian Churches/Churches of Christ, now extending to more than 185 countries, began in the early 1800s in both the United Kingdom and the United States of America. It evolved largely from a concern, growing strongly through that Enlightenment era, that the church had become rigid, authoritarian, and divided, making the meaningful preaching of the Christian message very challenging. Christian Churches pioneers felt strongly that the whole church would be more effective if it showed unity; unity, they believed, could be achieved if churches returned to the New Testament for their model. They intended that their message should be one of reform within the church but eventually they were forced to become a separate movement.

Churches of Christ were established in New Zealand soon after the signing of the Treaty of Waitangi with the first congregation in Nelson (the first in the southern hemisphere) in 1844. Other cities were added—Auckland in 1845, Dunedin in 1858, Christchurch in 1870. By 1885, there were 25 churches. The first Dominion (national) conference was held in 1901 in Wellington. National conferences became annual gatherings in 1920. They provided opportunities for stimulus and inspiration and enabled the churches to work together in home mission projects, ministerial training, Christian education, ecumenical affairs, women’s work, examining public issues, and producing a national paper.

The New Zealand Churches of Christ were responsible for the establishment of the movement in Southern Rhodesia (now Zimbabwe). John Sheriff travelled from New Zealand, establishing the mission in 1901. The New Zealand Conference agreed to take over the work in 1904 and Mr and Mrs F L Hadfield became the first missionaries. Many New Zealanders have given selfless and dedicated service since then, the most notable being Sir Garfield and Lady Grace Todd who gave a lifetime of service, with Sir Garfield becoming Prime Minister of Southern Rhodesia. In the latter part of the 20th century, New Zealand became involved with the Australian churches in Vanuatu.

The New Zealand Churches of Christ were represented at the first World Convention in Washington DC, USA, in 1930, and have attended every global gathering since. New Zealand has always been involved strongly in encouraging the global unity of the movement. The World Convention met in Auckland in 1988 and a New Zealander, Lyndsay Jacobs, was General Secretary from 1993 to 2004.

Churches of Christ members have also contributed a great deal to the wider church—locally, nationally, and internationally. They were foundation members of the National Council of Churches in New Zealand and the World Council of Churches, both established in the 1940s. They continue to look for opportunities to work with and within the wider church. From 1955, Churches of Christ took part in union negotiations with the Anglican, Congregational Union, Methodist, and Presbyterian churches. Early on, the plan showed promise, but in the end union was not established. Some local Churches of Christ formed co-operative ventures and about one-third of the current Christian Churches New Zealand are in union or co-operating parishes with either Methodists or Presbyterians or both.

Along with other mainstream churches, Churches of Christ experienced a drop in numbers during the latter part of the 20th century. This led to a simplification of structures and a focus on development. New churches have been established and the movement as a whole is growing.

Initially, property was in the names of elders of the congregations. There were obvious practical issues with that arrangement and in the 1920s a conference decided to have a legal entity that could own their properties. On April 18, 1924, in Dunedin, at a duly convened conference of delegates from the churches, a board of trustees of certain members of the churches was set up, with the intent that the board should hold, as trustees, the lands of those churches that wished to vest the land and their properties in the board and also all real and personal property for church extension purposes.

The board was incorporated under the Religious, Charitable, and Educational Trusts Act 1908 and was known as the Church Extension and Property Trust Board of Associated Churches of Christ in New Zealand (the board). As there were doubts as to the board’s ability to legally hold the properties vested in it, a private Act of Parliament was enacted, which was the Associated Churches of Christ Church Property Act 1929.

That legislation contained a provision defining the trusts upon which the board was to hold real and personal property vested in it (section 9).

Over the years a number of Churches of Christ properties have been sold and the proceeds of sale paid to the board.

Further various bequests and gifts have been made to the board for the purposes of the work of the Churches.

The wording of the present legislation creates doubts as to how the funds held by the board might be applied for the furtherance of the work of the Churches. There is a strong presumption from the legislation that the funds received are on trust for the purposes of real estate only.

A conference of the Churches on 18 September 2013 resolved that a new trust be formed and the existing real and personal property held by the board be transferred to the new trust board. The new trust board has been formed as the Christian Churches New Zealand Property Trust Board and is registered under the Charitable Trusts Act 1957.

It was determined that such a transfer would require this further private Act of Parliament as the terms of the existing legislation do not include the power to transfer the assets to a new trust board.

The new trust board has interim trustees, who are a leader of the church in Nelson and a local solicitor. It is intended on the passing of this legislation that the Churches will elect new trustees.

The terms of the new trust are considerably wider than those under the 1929 Act. It will enable the Churches to consider their wider mission and outreach not only in terms of buildings but also using their funds for other activities of the Churches that, in the trustees’ opinion, promote the charitable purpose of promotion of the Christian faith through the work of the Churches.

In 2012, the Churches resolved to change their name and are now known as Christian Churches New Zealand.

By this legislation, the assets and any liabilities of the Associated Churches of Christ Extension and Property Trust Board are to be transferred to the new trust, being the Christian Churches New Zealand Property Trust Board.

Clause by clause analysis

Clause 1 is the title clause.

Clause 2 is the commencement clause. The Act comes into force on the day after the date on which it receives the Royal assent.

Clause 3 is the interpretation clause.

Clause 4 states the purpose of the Act. The purpose of the Act is as follows:

to effect the transfer of assets, property, interests, powers, and obligations from the Associated Churches of Christ Church Extension and Property Trust Board (the old board) to the Christian Churches New Zealand Property Trust Board (the new board); and
to dissolve the old board and remove it from the register of charitable trust boards under the Charitable Trusts Act 1957; and

Clause 5 puts into effect the first purpose of the Act by—

vesting the property, rights, and obligations of the old board in the new board; and
declaring that proceedings against the old board can be brought or continued against the new board.

Clause 6 sets out the matters that are not affected by the transfer of property, rights, and obligations from the old board to the new board, namely—

it will not have the effect of placing a person in breach of, or default under, any contract, trust, or confidence:
it will not make persons guilty of a civil wrong:
it will not entitle person to terminate, cancel, or modify a contract, an agreement, or an arrangement:
it will not entitle a person to enforce or accelerate the performance of an obligation:
it will not entitle a person to require the performance of an obligation not otherwise arising for performance:
it does not release any surety wholly or in part from all or any obligation:
it does not invalidate or discharge any contract or security.

Clause 7 puts into effect the second purpose of the Act by—

dissolving the old board; and
creating an obligation on the part of the Registrar of Incorporated Societies to remove the old board from the register kept under Part of the Charitable Trusts Act 1957.

Clause 8 gives further effect to the first and second purposes of the Act by making all documents referring to the old board have effect as if they referred to the new board.

Clause 9 affects records and registers by—

declaring that there is no obligation to change any name on any document; and
providing a procedure to have land titles changed into the name of the new board.

Clause 10 puts into effect the third purpose of the Act by repealing the Associated Churches of Christ Church Property Act 1929.

Hon Dr Nick Smith

Christian Churches New Zealand Property Trust Board Empowering Bill

Private Bill

52—1

Preamble

Whereas it is intended that—

(a)

all of the existing property, rights, powers, and obligations of the Associated Churches of Christ Church Extension and Property Trust Board be transferred to the Christian Churches New Zealand Property Trust Board; and

(b)

the Associated Churches of Christ Church Extension and Property Trust Board be dissolved and that it be removed from the register of charitable trust boards under the Charitable Trusts Act 1957; and

(c)

the Associated Churches of Christ Church Property Act 1929 be repealed:

The Parliament of New Zealand therefore enacts as follows:

1 Title

This Act is the Christian Churches New Zealand Property Trust Board Empowering Act 2015.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

Part 1 Preliminary provisions

3 Interpretation

In this Act, unless the context otherwise requires,—

new board means the Christian Churches New Zealand Property Trust Board incorporated as a board under Part 2 of the Charitable Trusts Act 1957

old board means the Associated Churches of Christ Church Extension and Property Trust Board

property—

(a)

means every type of property; and

(b)

includes—

(i)

every type of estate and interest in property; and

(ii)

money; and

(iii)

all land registered in the name of the old board under the Land Transfer Act 1952.

4 Purpose

The purpose of this Act is to—

(a)

transfer all of the existing property, interests, powers, and obligations of the old board to the new board; and

(b)

dissolve the old board and remove it from the register of charitable trust boards under the Charitable Trusts Act 1957; and

(c)

repeal the Associated Churches of Christ Church Property Act 1929.

Part 2 Transfer of property, rights, and obligations from old board to new board

5 Transfer of property, rights, and obligations

(1)

On and from the commencement of this Act, the property, rights, and obligations of the old board are vested in the new board.

(2)

Proceedings that could have been commenced or continued by or against the old board before the commencement of this Act may be commenced or continued by or against the new board on and from the commencement of this Act.

6 Matters not affected by transfer of property, rights, and obligations

The dissolution of the old board and the transfer of its property, rights, and obligations to the new board—

(a)

are not to be treated as placing a person in breach of, or default under, any contract, or in breach of trust, or in breach of confidence, or as otherwise making the person guilty of a civil wrong; and

(b)

are not to be treated as entitling a person to—

(i)

terminate or cancel or modify a contract, an agreement, or an arrangement; or

(ii)

enforce or accelerate the performance of an obligation; or

(iii)

require the performance of an obligation not otherwise arising for performance; and

(c)

do not release any surety wholly or in part from all or any obligation; and

(d)

do not invalidate or discharge any contract or security.

7 Dissolution of old board

(1)

On the commencement of this Act, the old board is dissolved.

(2)

The Registrar of Incorporated Societies must, as soon as practicable after the commencement of this Act, remove the name of the old board from the register kept under Part 2 of the Charitable Trusts Act 1957.

8 Reference in documents

On and from the commencement of this Act, references to the old board in any contract, lease, notice, order, proceedings, or other document have effect as if they were references to the new board.

9 Records and registers

(1)

Neither the Registrar-General of Land nor any other person charged with the keeping of any records or registers is obliged solely by reason of any provision of this Part to change any name in those records or registers or in any document.

(2)

In the absence of evidence to the contrary, an instrument (whether or not it is an instrument of transfer) is sufficient proof, when presented to the Registrar-General of Land or other person referred to in subsection (1), that any property, rights, or obligations have, under this Act, become the property, rights, or obligations of the new board if the following requirements are met:

(a)

the instrument has been, or purports to have been, executed by the new board; and

(b)

the property, rights, or obligations in question were the property, rights, or obligations of the old board immediately before the commencement of this Act; and

(c)

the instrument states that the property, rights, or obligations in question have become the property, rights, or obligations of the new board under this Act.

10 Repeal

The Associated Churches of Christ Church Property Act 1929 (1929 No 3) is repealed.

Christian Churches New Zealand Property Trust Board Empowering Bill