This Act may be cited as the Charitable Trusts Act 1957.
(2)
This Act shall come into force on the 1st day of January 1958.
This Act was extended to Niue by section 5 of the Niue Amendment Act 1968.
2-
Interpretation
In this Act, unless the context otherwise requires,—
Charitable purpose means every purpose which in accordance with the law of New Zealand is charitable; and, for the purposes of Parts 1 and 2 of this Act, includes every purpose that is religious or educational, whether or not it is charitable according to the law of New Zealand
Provided that in Part 4 of this Act the term charitable purpose has the meaning specified in section 38 of this Act:
Court means the High Court of New Zealand, and includes a Judge of that Court
The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
Property means real and personal property of every kind, and includes money.
2A
Act to bind the Crown
This Act shall bind the Crown.
Compare: Recreational Charities Act 1958, s 5 (UK)
This section was inserted by section 2 of the Charitable Trusts Amendment Act 1963.
Where any real or personal property has been or is hereafter acquired by or on behalf of any religious denomination, congregation, or society, or any body of persons associated for any charitable purpose, and the conveyance or other assurance of that property has been or is taken to or in favour of trustees to be from time to time appointed, or any parties named in the conveyance or other assurance, or subject to any trust for any such denomination or congregation or society or body of persons, or for the individuals comprising the same, the conveyance or other assurance shall not only vest the property thereby conveyed or otherwise assured in the parties named therein, but shall also effectually vest the same in their successors in office for the time being and the continuing trustees (if any) jointly, or if there are no such continuing trustees, then in their successors in office for the time being chosen and appointed in the manner provided or referred to in the conveyance or other assurance, or in any separate deed or instrument, declaring the trusts thereof; or if no mode of appointment is therein provided or referred to, or if the power of appointment has lapsed, then in such manner as may be agreed upon by such denomination or by a body constituted to represent them, or by such congregation, society, or body of persons.
(2)
The said property shall be so vested without any conveyance or other assurance whatsoever upon the same trusts and with and under and subject to the same powers and provisions as are contained or referred to in the conveyance or other assurance, or in any separate deed or instrument upon which the property is held so far as the same may at the time of vesting be subsisting and still capable of taking effect, anything in the conveyance or other assurance or in any separate deed or instrument to the contrary notwithstanding.
(3)
Nothing in this section shall restrict the effect of any appointment of new trustees or of any conveyance or other assurance or vesting of any property.
Compare: 1908 No 164 s 2
4-
Evidence of appointment of trustees
(1)
For the purpose of preserving evidence of every appointment of new trustees to which section 3 of this Act applies and of the persons in whom any estate or interest in property from time to time becomes legally vested, every such appointment shall be made to appear by a memorandum under the hand of the chairman for the time being of the meeting at which the appointment was made, and shall be executed either in the presence of that meeting or at any time after that meeting, and attested by 2 or more witnesses.
(2)
Any such memorandum may be in the form or to the effect of Schedule 1 to this Act, or as near thereto as circumstances will allow, and may be given and shall be received as evidence in all Courts and proceedings in the same manner and on the like proof as deeds, and shall be evidence of the truth of the several matters therein stated.
(3)
Every memorandum made under this section of an appointment of new trustees shall, if it affects land under the Land Transfer Act 1952, be filed in a Land Registry Office; and, as regards land in any land registration district, the appointment shall not have any operative effect until after the filing in the Land Registry Office of that district of the memorandum or of a copy thereof certified by the District Land Registrar in whose office the memorandum has been filed.
Compare: 1908 No 164 s 3
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Transfer of properties
Where any property is vested in or held by any person in trust for or for the benefit (directly or indirectly) of any body or corporation, or for the maintenance and support of the officers or members of any body or corporation, whether or not the trust or purpose appears upon the face of the conveyance or other instrument under which the property is held and whether or not the trust is for any charitable purpose, it shall be lawful for the person to convey or transfer the property so held to such trustees as the body or corporation directs or appoints or (in the case of a corporation) to the corporation.
In this Part of this Act, unless the context otherwise requires,—
Assistant Registrar means an Assistant Registrar of Incorporated Societies under the Incorporated Societies Act 1908
Board means any trustees or society incorporated as a Board under this Part of this Act
Registrar means the Registrar of Incorporated Societies under the Incorporated Societies Act 1908; and includes an Assistant Registrar.
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Trustees may apply for incorporation
(1)
The trustees of any trust which is exclusively or principally for charitable purposes may apply to the Registrar in accordance with this Part of this Act for the incorporation of the trustees as a Board under this Part of this Act.
(2)
No such application shall be made by any trustees if the trustees are already incorporated under any other Act or otherwise, and no such application shall be made by the trustees for the general purposes of any society—
(a)
If the society is itself incorporated under this Part of this Act or under any other Act or otherwise:
(b)
Unless they are authorised to do so by the society.
(3)
Every such application for incorporation shall be in form 1 in Schedule 2 to this Act, or to the like effect, and shall be signed by a majority of the trustees.
Compare: 1908 No 164 s 5
8-
Society may apply for incorporation
(1)
Any society which exists exclusively or principally for charitable purposes may apply to the Registrar in accordance with this Part of this Act for the incorporation of the society as a Board under this Part of this Act.
(2)
No such application shall be made by any society—
(a)
If the society is already incorporated under any other Act or otherwise:
(b)
If the trustees for the general purposes of the society are themselves incorporated under this Part of this Act or any other Act or otherwise:
(c)
Unless the application is authorised by the society.
(3)
Every such application for incorporation shall be in form 2 of Schedule 2 to this Act, or to the like effect, and shall be signed by not less than 5 members of the society or by a majority of the trustees of the society.
Compare: 1908 No 164 s 5
9-
Manner in which society may authorise application
For the purposes of sections 7 and 8 of this Act, an application shall be deemed to be authorised by a society, if—
(a)
It is authorised by a majority of the members of that society; or
(b)
A resolution authorising the making of the application is passed by a majority of those present at a meeting of that society, and the Registrar is satisfied that such notice of intention to hold that meeting and of its purpose was given as may be reasonable in the circumstances; or
(c)
The application is authorised by the rules of the society or by any other means provided in those rules.
10-
Applications for incorporation
(1)
Each subscriber to an application for incorporation must add the subscriber's name and address to the subscriber's signature.
(2)
Every application for incorporation under this Part of this Act shall be accompanied by—
(a)
A copy (certified by one of the subscribers to the application as a correct copy) of the relevant parts of all wills, declarations of trust, and other documents (if any) showing the general purposes of the trustees or society making the application and the trusts on which the applicant or applicants hold any property that is vested in the applicant or applicants as such and is not held for the general purposes of the applicant or applicants:
(b)
A statutory declaration made by one of the subscribers to the application setting forth any trusts on which the applicant or applicants hold any property, being trusts not set out in any document or copy of a document accompanying the application:
(c)
In any case where the application for incorporation is made by a society or by the trustees of a society—
(i)
A copy of the rules and other documents (if any) providing for the constitution of the society, certified by one of the subscribers to the application as a correct copy of the then current rules and documents, or (where there are neither any such rules nor any such documents) a statutory declaration made by one of the subscribers to the application setting forth the purposes of the society, the manner in which persons become members or cease to be members thereof, and the manner in which the society operates:
(ii)
A statutory declaration made by one of the subscribers to the application to the effect that the application is authorised by the society, and specifying the mode in which it is so authorised.
(3)
If the Registrar considers that any documents accompanying an application do not disclose sufficient information regarding the trusts on which any property is held by the applicant or applicants, or regarding the purposes and constitution of any society, he may refuse to register the trustees or society as provided in this Part of this Act until such further information as he requires is supplied to him.
(4)
Original documents may in any case accompany any such application instead of copies, and the provisions of subsection (5) of section 29 of this Act shall thereupon apply in respect of the documents.
Compare: 1908 No 212 s 7
Section 10(1): substituted, on 20 September 2007, by section 4 of the Charitable Trusts Amendment Act 2007 (2007 No 45).
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Registration of Boards
(1)
The Registrar, on being satisfied that the purposes of the trust or society (as the case may be) are exclusively or principally charitable, and that the procedural requirements of this Part of this Act have been observed, shall do the following things:
(a)
Enter the name of the Board in the register kept by him under this Part of this Act, together with particulars as to whether trustees or a society constitute the Board, the place of its registered office, and such other particulars as he thinks fit:
(b)
Issue under his seal a certificate that the Board has been incorporated under this Part of this Act on the date mentioned in the certificate.
(2)
From the date of incorporation mentioned in the certificate of incorporation the Board shall be a body corporate, and shall consist of—
(a)
The persons who are for the time being the trustees of the trust in any case where trustees are incorporated as a Board:
(b)
The persons who are for the time being the members of the society in any case where a society is incorporated as a Board.
Compare: 1908 No 212 s 8
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Evidence of incorporation
Every certificate of incorporation issued under the seal of the Registrar shall be sufficient evidence, in the absence of proof to the contrary, that the Board therein named was incorporated on the date specified in the certificate, and that the procedural requirements of this Part of this Act have been observed, but shall not be evidence that the purposes of the trust or society are exclusively or principally charitable.
Compare: 1908 No 164 s 6
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Effect of incorporation
Every Board shall have perpetual succession and a common seal, and (subject to this Act and to the rules and other documents providing for the constitution of the Board) shall be capable of holding real and personal property of whatsoever nature and whether situated in New Zealand or elsewhere, and of suing and being sued, and of doing and suffering all such acts and things as bodies corporate may lawfully do and suffer.
Compare: 1908 No 164 s 7
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Vesting of property
(1)
All property held by the trustees of any such trust or by any such society shall immediately upon incorporation of the trustees or society as a Board vest without transfer, conveyance, or assignment in the Board for the same purposes, with the same powers, and upon and subject to the same trusts, contracts, and equities as then affect the same.
(2)
Where any estate or interest in, or any mortgage or charge on, any land under the Land Transfer Act 1952 is vested in a Board by virtue of this section, the District Land Registrar for the land registration district in which the land is situated shall, on receiving a written application under the common seal of the Board, register the Board as proprietor of that estate, interest, mortgage, or charge.
No trustees or society shall be incorporated under a name which is identical with that of any other Board, or of any company carrying on business in New Zealand (whether registered in New Zealand or not) or of any other body corporate established or registered in New Zealand under any Act, or which so nearly resembles that name as to be calculated to deceive, except where the other Board, company, or body corporate, as the case may be, signifies its consent in such manner as the Registrar requires, and the Registrar is satisfied that registration of the Board by that name will not be contrary to the public interest.
(2)
The name of a Board need not include—
(a)
The words “Trust Board”:
(b)
Any of the following words, namely, “Trust”, “Board”, “Society”, and “Incorporated”.
Compare: 1955 No 63 s 31(1)(a); 1908 No 212 s 11
16-
Change of name
(1)
In any case where a society is incorporated as a Board, or where the trustees of a society are incorporated as a Board, the Board may, pursuant to a resolution of the society passed at a general meeting, apply to the Registrar to change the name under which the Board is registered.
(2)
In any other case where trustees are incorporated as a Board, the Board may, pursuant to a resolution passed at a meeting of the Board, apply to the Registrar to change the name under which it is registered.
(3)
Where a Board applies to the Registrar under this section to change the name under which it is registered and the Registrar approves of the change, the Registrar shall enter the new name in the register in place of the former name, and shall alter the certificate of incorporation to meet the circumstances of the case.
(4)
A change of name by a Board under this section shall not affect any rights or obligations of the Board, or render defective any legal proceedings by or against the Board, and any legal proceedings that may have been continued or commenced by or against it in its former name may be continued or commenced by or against it in its new name.
Compare: 1955 No 63 s 32
17-
Right to appeal to Court
(1)
Any person dissatisfied with any decision of the Registrar that trustees are not to be registered under this Act, or that a society is not to be so registered, or that a name or change in the name of any Board is not to be approved or registered, may appeal to the Court against that decision.
(2)
Notice of every such appeal shall be filed in the Court and served upon the Registrar within 28 days after the day on which the decision appealed against was given.
(3)
If in any case the appellant does not prosecute his appeal with due diligence, the Court, on application made by the Registrar or any person interested, may dismiss the appeal and make such order as to costs as it thinks proper.
18-
Service on a Board
Any notice or legal process shall be deemed to be served upon a Board if left at its registered office or if sent through the post in a registered letter addressed to the Board at that office.
19-
Form of contracts
(1)
Contracts on behalf of a Board may be made as follows:
(a)
A contract which if made by private persons would be by law required to be by deed may be made on behalf of the Board in writing under the common seal of the Board, attested in such manner as may be provided in the rules or other documents providing for the constitution of the society that is incorporated as the Board or of which the members of the Board are the trustees, or (in the absence of any such provision) attested by at least 2 of the trustees who are incorporated as the Board or by at least 2 members of the committee or other governing body of the society that is incorporated as the Board:
(b)
A contract which if made between private persons would be by law required to be in writing, signed by the parties to be charged therewith, may be made on behalf of the Board in writing signed by any person acting under its authority, express or implied:
(c)
A contract which if made between private persons would by law be valid although made by parol only, and not reduced into writing, may be made by parol on behalf of the Board by any person acting under its authority, express or implied.
(2)
A contract made according to this section shall be effectual in law, and shall bind the Board and its successors and all other parties thereto.
Compare: 1908 No 164 s 11; 1955 No 63 s 42
20-
Presumption of validity of acts of trustees, etc
All acts or deeds done or made by any person acting in good faith as one of the trustees who for the time being constitute a Board, or as one of the committee or governing body for the time being of a society which constitutes a Board, shall be valid notwithstanding any defect that may afterwards be found in his appointment; and the signature of any person purporting to act as one of those trustees or as a member of that committee or governing body shall, in the absence of proof to the contrary, be sufficient evidence of his being one of those trustees or a member of that committee or governing body, as the case may be.
