Whereas by deed of trust bearing date 19 November 1947 Mary Bouchier Bryant of Hamilton, wife of Daniel Vickery Bryant of Hamilton, farmer, expressed her desire to give and present certain land in Hamilton to the trustees named in the said deed of trust for the purpose of a children's home:

And whereas by memorandum of transfer bearing date 19 November 1947 the said Mary Bouchier Bryant, in pursuance of her desire, transferred unto the said trustees all that piece of land in the Provincial District of Auckland containing 1 618.7 square metres (1 rood 24 perches), more or less, being Lots 1 and 2 on Deposited Plan No 26527 being part of Allotment 328, Town of Hamilton West, and being all the land comprised in certificate of title Volume 680, folio 26, South Auckland Land Registry:

And whereas the said deed of trust declared that the said land should be held in perpetuity upon trust for the purposes of a home for children, and directed that the trustees should make application for incorporation under the Religious, Charitable, and Educational Trusts Act 1908 of a trust board to be known as the Mary Bryant Trust Board:

And whereas the said Mary Bouchier Bryant died on or about 7 December 1947:

And whereas on 19 May 1948, the said trustees were duly incorporated under the said Act under the name or title of the Mary Bryant Trust Board:

And whereas pursuant to the said deed of trust the said nursery was transferred to and vested in the name of the Mary Bryant Trust Board for the purposes therein set out:

And whereas following the passing of the Bryant House Trust Board Enabling Act 1948, and pursuant thereto a farm property therein mentioned, together with live and dead stock thereon and the sum of $30,262.45 was transferred to and settled upon the said board by the Bryant House Trust Board a body duly incorporated under the Religious, Charitable, and Educational Trusts Act 1908 and having its registered office at Hamilton which was established and endowed solely by the said Daniel Vickery Bryant, for the purposes of establishing an endowment with which to carry out the trusts of the said deed of trust:

And whereas on 22 May 1949 the said Mary Bryant Trust Board opened up on the said land at Hamilton a nursery for the care of children who, through sickness or any other cause, found it necessary to be separated from their mothers and the said board has continued to conduct the nursery as from that date:

And whereas that since the said settlement by the Bryant House Trust Board of the said assets, the annual income therefrom provided to the Mary Bryant Trust Board sufficient funds not only to conduct the said nursery for children but also to provide a reserve capital fund which in the opinion of the Mary Bryant Trust Board at that time was considered to be adequate for the future requirements of the said nursery:

And whereas by the Mary Bryant Trust Board Enabling Act 1955, the powers of the Mary Bryant Trust Board were enlarged and extended to authorise that board to dispose of its surplus income to certain charitable organisations:

And whereas by resolution dated 7 February 1968 the Mary Bryant Trust Board changed the name of that board to the Bryant Nursery Trust Board:

And whereas because the provisions of the said deed of trust contained only limited and restrictive provisions for the appointment of new trustees, and because the number of the trustees were limited at all times and because there was no provision for amendment to its provisions, the operations of the board were unnecessarily restricted and difficult to administer:

And whereas following the passing of the Bryant Nursery Trust Board Enabling Act 1968, the Bryant Nursery Trust Board was authorised to transfer its assets to a new trust known as the Mary Bryant Trust Board to be held by that board upon the terms and conditions set out in a certain deed of trust dated 3 April 1968:

And whereas the Mary Bryant Trust Board was incorporated under the provisions of the Charitable Trusts Act 1957 on 3 May 1968 and all the assets of the Bryant Nursery Trust Board were transferred to that board pursuant to the Bryant Nursery Trust Board Enabling Act 1968:

And whereas because of the high ratio of staff to children, the changes of the conditions of employment of Karitane nurses and nursing aids, the difficulty encountered in procuring the necessary staff, the necessity for extensive alterations to buildings, and for other reasons, the board resolved to offer its nursery by way of gift to the Salvation Army Property (New Zealand) Trust Board, together with an annual grant of cash required to run the nursery for 5 years and to transfer the balance of all assets owned by it to the D V Bryant Trust Board whose objects are identical with those of the Mary Bryant Trust Board and which board is responsible for the original endowment of the Mary Bryant Trust Board:

And whereas the Mary Bryant Trust Board has no power to dispose of its assets in the aforesaid manner and desires that statutory authority should be given to empower the Mary Bryant Trust Board to transfer the same.