An Act to provide for the acquisition and holding upon trusts of real and personal property by the Loyal Orange Institution of New Zealand (Incorporated)

Preamble

Whereas it is desirable that the Loyal Orange Institution should in the circumstances hereinafter set forth have power and authority to vest in itself real and personal property which now belongs or may hereafter belong to any lodge or is now or may hereafter be held by any person on behalf of the Loyal Orange Institution or any lodge or any members thereof or for the purposes or objects of any lodge or by any person or persons upon trust for any lodge or any members thereof for the purpose of promulgating the principles and furthering the practice of the Protestant religion.

1 Short Title

This Act may be cited as the Loyal Orange Institution of New Zealand (Incorporated) Trust Act 1954.

2 Interpretation

In this Act, unless the context otherwise requires,—

court means the High Court of New Zealand

lodge includes any Male, Female, Grand, District, Primary, Past Masters, Past Mistresses, Intermediate, Juvenile, or Junior Lodge, Chapter, or other group or organization of persons constituted or operating under or in accordance with the constitution and rules for the time being of the Loyal Orange Institution

Loyal Orange Institution means the Loyal Orange Institution of New Zealand (Incorporated)

property means land and any estate, right, or interest therein, and money, securities for money, and all other personal property whatsoever.

Section 2 court: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

3 Vesting of trust property in Loyal Orange Institution

(1)

In any case where—

(a)

at a general meeting of any lodge at least three-quarters of the members personally present thereat vote in favour of a resolution of which written notice has been given to all financial members of that lodge at least 7 clear days before the date of that general meeting requesting the Loyal Orange Institution to exercise its vesting powers pursuant to this section in respect of all or any property owned by that lodge or vested in trustees on behalf of that lodge; or

(b)

from the records of any lodge owning property or beneficially interested in property vested in trustees on its behalf it appears that the financial membership of that lodge is less than 6 in number; or

(c)

any lodge owning property or beneficially interested in property vested in trustees on its behalf fails to hold at least 4 meetings in each year or to hold a meeting for any consecutive period of 6 months; or

(d)

all the trustees holding property on behalf of the Loyal Orange Institution or on behalf of any members thereof or for any of the purposes or objects of the Loyal Orange Institution or on behalf of any lodge or any of the members thereof or for the purposes or object of any lodge or upon trust for any lodge or any of the members thereof for the purpose of promulgating the principles and furthering the practice of the Protestant religion are dead or have been out of New Zealand for the space of 12 months or are desirous of being discharged from all or any of the trusts or powers reposed in or conferred on them or refuse or are unfit to act or are incapable of acting therein,—

then, subject to the provisions of this Act, the Loyal Orange Institution is hereby empowered and authorized in all or any of such cases from time to time by resolution of the Grand Executive thereof to vest in the Loyal Orange Institution—

(i)

all property covered by any resolution passed in accordance with the provisions of paragraph (a); and

(ii)

all property owned by or beneficially held for any lodge coming within the provisions of paragraph (b) or paragraph (c); and

(iii)

all property held on any of the trusts set forth in paragraph (d) in the name of trustees who are dead or who have been out of New Zealand or who desire to be discharged or who refuse or are unfit to act or who are incapable of acting as more particularly set forth in paragraph (d).

(2)

Within a period of 90 days after the vesting of any property in the Loyal Orange Institution in accordance with the provisions of this Act the Loyal Orange Institution shall execute and deliver to the lodge or the person or persons who owned or were otherwise entitled to the same immediately prior to the vesting thereof as aforesaid a deed or deeds of trust or other suitable declaration, acknowledgment, or instrument defining the trusts affecting and the beneficial interests in all or any of that property in such form and to such effect as the Loyal Orange Institution and the lodge or person or persons concerned, as the case may be, decide, or if the parties affected fail to agree upon the terms thereof or upon the beneficial interests in the property or if the identity of the lodge or person or persons entitled is uncertain or unknown or if the Loyal Orange Institution refuses or neglects to execute the same, such deed or deeds, declaration, or acknowledgment or instrument as shall be settled or ordered by the court upon application made to the court by the Loyal Orange Institution or the person or persons concerned or any of them as the case may be.

4 Vesting subject to existing charges and trusts

All vesting of property in accordance with this Act shall in every case be subject and without prejudice to any mortgage, charge, lien, lease, or other encumbrance or liability and any trusts, powers, contracts, and equities affecting the same respectively at the time of vesting and shall be subject to such further trusts, powers, and conditions not being inconsistent with the then existing trusts, powers, contracts, and equities affecting the same as may from time to time be prescribed by the Loyal Orange Institution or the Grand Executive thereof.

5 Notice of vesting

Upon the passing of any resolution of the Grand Executive of the Loyal Orange Institution as provided by section 3, notice thereof shall be given by or on behalf of the Grand Executive within a period of 28 days thereafter to all persons by whom the property affected by the resolution has theretofore been held, and upon the expiration of 90 clear days after service of notice as aforesaid the said property shall without any transfer, conveyance, or assignment vest in the Loyal Orange Institution:

provided that if, by notice in writing given to the Grand Secretary of the Loyal Orange Institution or left at his office before the expiration of the said period of 90 days, the person or any of the persons by whom the property has theretofore been held as aforesaid shall apply to have the vesting resolution rescinded, varied, or modified the following provisions shall apply:

(a)

every such application shall be considered at the first meeting of the Grand Lodge of the Loyal Orange Institution to be held after the expiration of 30 clear days from the making of the application, and notice of that meeting shall be given to the applicant or applicants at least 7 clear days before the meeting:

(b)

the applicant or applicants shall be entitled to be heard on the application at that meeting either personally or by counsel, solicitor, or agent:

(c)

in its consideration of any such application the Grand Lodge of the Loyal Orange Institution shall satisfy itself that the provisions of section 3 have been complied with and shall approve the resolution of the Grand Executive only if in its opinion the objects for which any such property is held by any person or persons are likely to be more efficiently attained by vesting that property in the Loyal Orange Institution:

(d)

the vesting resolution shall have no effect until the Grand Lodge of the Loyal Orange Institution passes a resolution thereon at that meeting and then only according and subject to the terms of that resolution of the Grand Lodge of the Loyal Orange Institution, and a written copy of that resolution of the Grand Lodge of the Loyal Orange Institution shall forthwith be served on the applicant or applicants:

provided further that any person or persons by whom the property has theretofore been held as aforesaid who may be aggrieved by any resolution of the Grand Lodge of the Loyal Orange Institution passed as provided by this section may within 90 days after the service of a copy of any such resolution on the applicant or applicants appeal to the court against the decision of the Loyal Orange Institution contained in that resolution. The court shall after satisfying itself that the resolution of the Grand Executive was authorized by section 3 and after consideration of all other relevant circumstances make such order as in the circumstances it considers just and equitable.

6 Notice of appeal

Written notice of any such appeal to the court as aforesaid shall be given by the appellant to the Loyal Orange Institution within 28 days after the service of a copy of any such resolution by the Grand Lodge of the Loyal Orange Institution on the applicant or applicants and the court, for the purposes of hearing and determining the appeal, shall have all the powers vested in it in its ordinary civil jurisdiction including the power to award such costs as it deems just in favour of or against the appellant. The decision of the court shall be final.

7 Delegation of powers

In respect of any freehold or leasehold property from time to time or at any time vested in the Loyal Orange Institution in trust for any lodge or the members thereof in accordance with and for the purposes of this Act the Grand Lodge of the Loyal Orange Institution shall upon such terms and conditions as it or the Grand Executive of the Loyal Orange Institution may think fit delegate to any persons, who shall include a member or members of the lodge concerned, the powers possessed by the Loyal Orange Institution of management or control of the said real or leasehold property including the power from time to time to let or lease the same but excluding any power of selling, mortgaging, charging, or otherwise encumbering the same; and the Loyal Orange Institution and its officers shall not be liable at the suit of any lodge or person for any loss or damage arising from any act or omission on the part of the person or persons to whom management or control of any real or leasehold property is delegated as aforesaid.

8 Further delegation of powers

In respect of any freehold or leasehold property from time to time or at any time vested in the Loyal Orange Institution for any purpose other than in trust for any lodge in accordance with and for the purposes of this Act the Loyal Orange Institution may from time to time or at any time upon such terms and conditions and for such period or periods as it or the Grand Executive of the Loyal Orange Institution may think fit delegate to any person or persons all or any of the powers possessed by the Loyal Orange Institution of management or control of the said real or leasehold property including the power from time to time to let or lease the same for any period not exceeding 1 year at any one time but excluding any power of selling, mortgaging, charging, or otherwise encumbering the same; and the Loyal Orange Institution and its officers shall not be liable at the suit of any lodge or person for any loss or damage arising from any act or omission on the part of the person or persons to whom management or control of any real or leasehold property is delegated as aforesaid.

9 Evidence of vesting

A statutory declaration made by not less than 2 members of the Grand Executive of the Loyal Orange Institution to the effect that any resolution of the Grand Executive or the Loyal Orange Institution has been passed in accordance with this Act shall be taken as sufficient evidence for all purposes of the passing and validity of the resolution and the right of the Loyal Orange Institution to be registered as proprietor or owner of the real and personal property affected thereby.

10 Powers of sale, etc, of Loyal Orange Institution

So far as persons dealing with the Loyal Orange Institution in respect of any of the real and personal property vested in it in accordance with any of the provisions of this Act are concerned, the Loyal Orange Institution shall have the same powers of sale, lease, mortgage, and disposition over that property as if it were the absolute owner thereof, and it shall not be encumbent upon any person to inquire whether any proposed dealing constitutes a breach of trust, nor shall any person be concerned to see to the application of any real or personal property or the proceeds of sale thereof vested in the Loyal Orange Institution as aforesaid.

11 Registration of title to property vested in Loyal Orange Institution

The Registrar-General of Land and all other persons having charge of any register showing the ownership of any real or personal property shall, on written application under the seal of the Loyal Orange Institution supported by a statutory declaration or statutory declarations made by any 2 members of the Grand Executive of the Loyal Orange Institution of compliance with the provisions of this Act, and accompanied by the relevant documents of title or a statutory declaration or statutory declarations as aforesaid accounting to the satisfaction of the Registrar-General of Land or other persons as aforesaid for the absence of the said documents of title, register the Loyal Orange Institution as owner of all real or personal property vested in the Loyal Orange Institution in accordance with the provisions of this Act.

Section 11: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

12 Delivery of property and instruments of title

All persons in whom any property vested in the Loyal Orange Institution in accordance with this Act may theretofore in any manner have been vested, whether before or after the passing of this Act, shall be and they are hereby required and empowered upon a request in writing signed by the secretary of the Loyal Orange Institution to deliver all such property as may be personal property and the deeds, documents, and instruments of title of all such property as may be real property to the Grand Executive of the Loyal Orange Institution.

13 Entry upon registers

Upon the production to the Registrar-General of Land, or to all other persons having charge of any register showing the ownership of any property of any record of title, mortgage instrument, or other instrument of title under the said Acts or any of them or any other instrument or document of title, as the case may be, together with a statutory declaration or statutory declarations made by any 2 members of the Grand Executive of the Loyal Orange Institution to the effect that the land or other property mentioned and described in the said record of title, mortgage instrument, or other instrument or document or title, as the case may be, is held by the person or persons mentioned in such record of title, mortgage instrument, or other instrument or document of title for or on behalf of the Loyal Orange Institution or lodge, such Registrar or other person, as the case may be, shall cause the name of the Loyal Orange Institution to be entered upon such record of title, mortgage instrument, or other instrument or document of title as the registered owner of the estate or interest claimed therein.

Section 13: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

14 Deposit in Deeds Registry Office

Upon the presentation for registration in any Deeds Registry Office constituted under the Deeds Registration Act 1908 or any other Act for the time being in force in New Zealand relating to the registration of deeds of a statutory declaration or statutory declarations made by any 2 members of the Grand Executive of the Loyal Orange Institution that the land or any interest in the land mentioned in the said declaration is held by the person or persons in whom the same may be vested for and on behalf of the Loyal Orange Institution or lodge and describing the land or the interest in land to which the same relates, together with a plan or plans of the land or any interest in the land as provided by the said Act, the Registrar or Deputy Registrar, as the case may be, appointed for and acting in the registration district or districts to which the same relates shall thereupon cause the entries of such declaration or declarations to be made in the books of the said Deeds Registry Office, and shall number the said declaration or declarations and make a note thereon as required by the said Act.

15 Crown not liable for loss

The Crown shall not under any circumstances be liable for compensation for any loss, damage, or deprivation caused or occasioned by the registration under the Land Transfer Act 2017, or any Act passed in amendment thereof or substitution therefor, of any application provided for by section 11 of this Act.

Section 15: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

16 Receipts by secretary, etc, sufficient discharge

The receipt of any secretary, treasurer, or agent of the Loyal Orange Institution or the Grand Executive thereof duly authorized in that behalf shall be a good and effectual discharge for all moneys paid to him on behalf of the Loyal Orange Institution or the Grand Executive thereof and shall exonerate the person or persons paying the same from seeing to the application thereof.

17 Service of notices

(1)

Any notice required or authorized by this Act to be served on any person shall be delivered to that person, and may be delivered to him either personally or by posting it by registered letter addressed to that person at his last known place of abode or business in New Zealand. A notice so posted shall be deemed to have been served at the time when the registered letter would in the ordinary course of post be delivered.

(2)

If the person is absent from New Zealand, the notice may be delivered as aforesaid to his agent in New Zealand. If he is deceased, the notice may be delivered as aforesaid to his personal representative.

(3)

If the person is not known, or is absent from New Zealand and has no known agent in New Zealand, or is deceased and has no personal representative, the notice shall be delivered in such manner as may be directed by an order of the court.

(4)

Notwithstanding anything in the foregoing provisions of this section, the court may in any case make an order directing the manner in which any notice is to be delivered or dispensing with the delivery thereof.

(5)

This section does not apply to notices served in proceedings in the court.

(6)

In this section the expression the court means the District Court.

Section 17(6): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

18 Existing contracts

All contracts made by any person in whom any real or personal property shall have been vested before the vesting of the same in the Loyal Orange Institution in accordance with the provisions of this Act in the exercise of the powers of such person in respect of the said real or personal property shall upon the vesting of same as aforesaid be deemed to have been made by the Loyal Orange Institution.

19 Existing liabilities

All debts and liabilities incurred by any person in whom any real or personal property shall have been vested before the vesting of the same in the Loyal Orange Institution in accordance with the provisions of this Act in the exercise of the powers of such person in respect of the said real or personal property shall upon the vesting of the same as aforesaid become the debts and liabilities of the Loyal Orange Institution.

20 Private Act

This Act is hereby declared to be a private Act.

Reprints notes

1 General

This is a reprint of the Loyal Orange Institution of New Zealand (Incorporated) Trust Act 1954 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 Legal status

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.

3 Editorial and format changes

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/.

4 Amendments incorporated in this reprint

Land Transfer Act 2017 (2017 No 30): section 250

District Court Act 2016 (2016 No 49): section 261

Judicature Amendment Act 1979 (1979 No 124): section 12