Charitable Trusts Act 1957

• Jurisdiction: New Zealand
• Reference: 1957 No 18
• Citation: 1957 No 18
• Record Number: DLM308795
• Act Number: 18
• Type of Document: Act

Contenidos

• Charitable Trusts Act 1957
• Preamble
• Contents
• 1 Short Title and commencement
• 2 Interpretation
• 2A Principal Act to bind the Crown
• Part 1
• 3 Property to vest in trustees or their successors
• 4 Evidence of appointment of trustees
• 5 Transfer of properties
• Part 2
• 6 Interpretation
• 7 Trustees may apply for incorporation
• 8 Applications for incorporation may no longer be made by societies
• 9 Manner in which society may authorise application
• 10 Applications for incorporation
• 11 Registration of boards
• 12 Evidence of incorporation
• 13 Effect of incorporation
• 14 Vesting of property
• 15 Name of board
• 16 Change of name
• 17 Right to appeal to court
• 18 Service on a board
• 19 Form of contracts
• 20 Presumption of validity of acts of trustees, etc
• 21 Powers in respect of property
• 22 Power to incorporate for charitable purposes under other Acts
• 23 New trusts, and alterations of rules, trusts, or registered office
• 24 Voluntary liquidation of society as a board
• 25 Liquidation of a board by court
• 25A COVID-19 business debt hibernation may apply
• 26 Dissolution by Registrar
• 26A Registrar may inquire whether board still carrying on operations
• 27 Distribution of surplus assets
• 28 Register of boards and seal of Registrar
• 29 Inspection, production, and evidence of documents kept by Registrar
• 30 Exemption from fees
• 30A Society may reregister under Incorporated Societies Act 2022
• Part 3
• 31 Interpretation
• 32 Property may be disposed of for other charitable purposes
• 33 Extension of powers or alteration of mode of administration of trust
• 34 Trustees may prepare a scheme
• 35 Scheme to be laid before Attorney-General
• 36 Scheme to be advertised
• 37 Opposition to scheme
• Part 4
• 38 Meaning of term charitable purpose in this Part
• 39 Funds to which this Part applies
• 40 Property may be disposed of for other charitable purposes
• 41 Extension of powers or alteration of mode of administration of trust
• 42 Contributor or money holder may proceed under this Part
• 43 Convening meeting of contributors
• 44 Subsequent advertisement or notice of other newly proposed purpose
• 45 Proceedings at meetings
• 46 Scheme committee
• 47 Scheme, etc, to be laid before the Attorney-General
• 48 Powers and duties of Attorney-General
• 49 Contributor may get back money before date fixed for first meeting of contributors
• 50 Attorney-General or court may dispense with meeting of contributors
• Part 5
• 51 Administration of schemes
• 52 Expenses of scheme
• 53 Jurisdiction of court in respect of schemes
• 54 Approval of scheme or refusal by court to approve scheme to be gazetted
• 55 Power to waive non-compliance with procedural requirements
• 56 Restrictions on approval of schemes
• 57 No fee payable to Registrar
• 58 Inquiries into condition and management of charities
• 59 Holder of property to transfer it in accordance with scheme
• 60 Proceedings to enforce or vary charitable trust or to require a new scheme
• 61 Alteration of rules of society or corporation not to affect existing trusts
• 61A Trusts for recreational and similar purposes
• 61B Inclusion of non-charitable and invalid purposes not to invalidate a trust
• 62 Regulations
• 63 Repeals, amendment, and savings
• Schedules
• 1 Memorandum of appointment of new trustees
• 2 Forms of application for incorporation as a board
• 1 Application for incorporation of trustees as a board
• 2 Application for incorporation of a society as a board
• 3 Enactments repealed
• Religious, Charitable, and Educational Trusts Act 1908 (1908 No 164) (1931 Reprint, Vol I, p 774)
• Religious, Charitable, and Educational Trusts Amendment Act 1928 (1928 No 55) (1931 Reprint, Vol I, p 790)
• Religious, Charitable, and Educational Trusts Amendment Act 1951 (1951 No 29)
• 1 General
• 2 Legal status
• 3 Editorial and format changes
• 4 Amendments incorporated in this consolidation

Charitable Trusts Act 1957

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Justice.

Preamble

An Act to consolidate and amend certain enactments of the Parliament of New Zealand relating to charitable trustsTitle: amended, on 1 January 1987, pursuant to section 29(2) of the Constitution Act 1986 (1986 No 114).

Contents

1 Short Title and commencement

This Act may be cited as the Charitable Trusts Act 1957.

This Act shall come into force on 1 January 1958.

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, 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 the term charitable purpose has the meaning specified in section 38

court means the High Court of New Zealand, and includes a Judge of that court

property means real and personal property of every kind, and includes money.

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

2A Principal Act to bind the Crown

This Act shall bind the Crown.

Recreational Charities Act 1958 s 5 (UK)

Section 2A: inserted, on 2 October 1963, by section 2 of the Charitable Trusts Amendment Act 1963 (1963 No 21).

Part 1

3 Property to vest in trustees or their successors

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...