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Act In force Latest version as at 03 September 2007 | 1985 No 4

College House Act 1985

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Act In force Latest version as at 03 September 2007 | 1985 No 4

College House Act 1985

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Reprint
as at 8 July 1985

Coat of Arms of New Zealand

College House Act 1985

Private Act 1985 No 4
Date of assent 8 July 1985
Commencement 8 July 1985
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

Contents

Title

1 Short Title

2 Interpretation

3 Extension of objects of College House

4 Alteration of application of certain trust funds

5 Powers and duties of Attorney-General

6 Application of Charitable Trusts Act 1957

7 Private Act

Schedule

An Act to amend the objects of College House to permit the admission of women as well as men, and to authorise the variation of the trusts attaching to certain funds established for the purposes of College House

  • Preamble

    Whereas College House (formerly known as Christchurch College), a board duly incorporated under the Religious, Charitable, and Education Trusts Act 1908, owns and operates a hall of residence for young men attending the University of Canterbury:

    And whereas the governing body desires to admit men and women of any age to the college, but for that purpose must first amend its statutes and objects:

    And whereas the governing body has no power to alter its objects, except by Act of Parliament:

    And whereas there are now diverse and sundry trust funds and properties held by the governing body of College House for the education and training of young men:

    And whereas the application of certain of those trust funds is limited by the instruments creating the respective trusts to certain assets of College House closely tied to the training in Christchurch of young men for the Anglican Ministry:

    And whereas it is desirable that the purposes and objects for which the various trust funds are presently held be varied so as to enable the governing body of College House to apply surplus income arising therefrom and not disbursed in accordance with the primary objects pursuant to each trust for the general purposes of College House as amended to include men and women of any age:

    And whereas it is impracticable and inexpedient for the governing body to apply to the High Court of New Zealand for a variation of the purposes and objects of the funds as aforesaid.

1 Short Title

  • This Act may be cited as the College House Act 1985.

2 Interpretation

  • In this Act—

    governing body means the governing body of College House

    statutes of College House means the statutes of College House comprised in the Third Schedule of the Deed of Foundation bearing date 5 September 1957.

3 Extension of objects of College House

  • (1) Notwithstanding anything in the statutes of College House, the objects of College House shall be deemed to extend to the education and training of men and women of any age, whether on a residential or extramural basis, whether alone or in conjunction with any other institution of learning, and whether for the duties of the Christian Ministry in the Communion of the Church, or for the learned professions, or for the general duties of life according to the highest attainable standard of religion, morals, and learning; and the said statutes shall be construed accordingly.

    (2) Notwithstanding anything in the statutes of College House, if at any time it appears to the governing body that it would be desirable to amend further the objects of College House in such a manner as to alter further the class of persons for whom education and training may be provided, the governing body may prepare an appropriate scheme and lay it before the Attorney-General.

4 Alteration of application of certain trust funds

  • (1) This section applies to—

    • (a) the trust funds held by the governing body immediately before the commencement of this Act on sundry trusts for purposes relating to the education and training of young men, being more particularly described in the Schedule; and

    • (b) any trust fund and properties that may hereafter be vested in the governing body for any of the purposes for which any of the trust funds described in the Schedule may be held.

    (2) The trust funds described in the Schedule shall hereafter be held by the governing body for the benefit of men and women of any age, and the trust instruments governing those trust funds shall hereafter be construed accordingly.

    (3) When, at any time after application of the trust funds and properties to which this section applies, there is surplus income available, the governing body may by resolution approve the application of that surplus income for the general purposes of College House.

    (4) Without limiting anything in subsection (3), if at any time, in respect of any trust funds and properties to which this section applies, the governing body is satisfied—

    • (a) that it is necessary or desirable to alter the objects for which the trust funds and properties are held because of any alteration to the objects of College House effected pursuant to section 3(2); or

    • (b) that the administration of the trust funds and properties, or of any income from the trust funds and properties, could be facilitated by extending or varying the mode of administering the trust on which the funds and properties or income are or is held,—

    the governing body may prepare an appropriate scheme and lay it before the Attorney-General.

5 Powers and duties of Attorney-General

  • (1) The Attorney-General shall, in respect of every scheme laid before him under section 3(2) or section 4(4), have the following powers and duties:

    • (a) he may remit the proposed scheme to the governing body for consideration of any amendments he may suggest:

    • (b) he shall either approve the scheme as finally submitted by the governing body after the governing body has considered all amendments suggested by the Attorney-General or he shall report on the scheme; and thereupon he shall deliver his approval or report and the scheme to the governing body.

    (2) A verified copy of every scheme approved by the Attorney-General, and of the Attorney-General's approval, shall be filed by the governing body in the office of the High Court at Christchurch; and an approval of a scheme by the Attorney-General under this section shall have the same effect as an approval of the scheme by the court under the Charitable Trusts Act 1957.

    (3) An office copy of any scheme approved by the Attorney-General, and of his approval, shall be sufficient proof of the scheme and approval in the absence of proof to the contrary.

    (4) At any time after delivery to the governing body of any such report, the governing body may apply to the court for approval of the scheme, and on making any such application shall file therewith the scheme and the report of the Attorney-General thereon.

    (5) Every such scheme, approval, report, and application that is filed in the office of the court shall be open to inspection by the public without any fee or charge.

6 Application of Charitable Trusts Act 1957
7 Private Act

  • This Act is hereby declared to be a private Act.

Schedule

s 4(1)

Buller and Raey Trust

Hulsean Chichele Trust

Rowley Trust

Jackson Trust

George Weston Fund

Benjamin Woolley Dudley Trust

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the College House Act 1985. The reprint incorporates all the amendments to the Act as at 8 July 1985, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)

Act In force Latest version as at 03 September 2007

College House Act 1985

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