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Church Property Trust Amendment Ordinance 1867

12. The Church Property Trust Amendment Ordinance 1867.

Analysis. Preamble.

1. Repealing Clause.

2. The Bishop and eight other persons to be Members of the Corporation.

3. Members to exercise their functions until they shall have ceased to be

Members under the provisions of this Ordinance.

4. Synod to appoint succeeding Members.

5. Members retiring to be eligible for reappointment.

6. Members becoming bankrupt shall cease to be Members.

7. Indemnity of Members.

8. Members may retire on giving Notice, in writing, to the Bishop.

9. Synod to appoint new Members in place of those retiring.

10. The Bishop to be Chairman of Meetings.

11. The Bishop may reserve questions for the decision of the Synod.

12. Members may frame Bye-laws.

13. Members shall keep minutes of their proceedings.

14. Application of property of the Corporation may be extended to the whole of the Province of Canterbury.

15. Proceedings under recited Ordinances to be valid.

16. Persons appointed Members of the Corporation under the provisions of this Ordinance to be deemed the Successors of the persons appointed under the provisions of the recited Ordinances.

17. Interpretation Clause.

18. Title.

Whereas by an Ordinance of the Superintendent and Provincial Council of the Province of Canterbury entituled the “Church Property Trust Ordinance Session II. No. 3” it was by the second Section of the said Ordinance enacted that the Bishop together with all the Clergy of the Church officiating within the Settlement in the said Ordinance mentioned together with certain other persons in the said Ordinance respectively named and all such other persons as should be thereafter or appointed Trustees under the provisions of the said Ordinance and their Successors should be and they were hereby constituted a Body Politic and Corporate by the name of the

"Church Property Trustees," and by that name they shall have perpetual succession and a common seal with full power and authority to alter vary break and renew the same at their discretion and by the same name and style to sue and be sued plead and be impleaded answer and be answered defend and be defended in all Courts of Law and Equity whatsoever and to be for ever capable in the Law to purchase receive possess and enjoy to them and their Successors any goods and chattels whatsoever and wheresoever, and any Messuages Lands Tenements and Hereditaments in the Province of Canterbury And also to lease let sell alienate mortgage charge or otherwise dispose of such property as well real as personal as they shall think proper And also to act in the concerns of the said Body Politic and Corporate as effectually as any person or persons might or could do in his or their respective concerns for the purpose and object of establishing and maintaining Ecclesiastical and Educational Institutions within the Provinc of Canterbury in connection with the Church. And by the 9th and 10th Sections of the said Ordinance now in recital it was enacted that the

Trustees should from time to time constitute and define certain districts within the Settlement therein mentioned for the purposes of this Ordinance now in recital and might alter the limits of every such district and might make new and fresh districts and every such district should for the purposes of the said Ordinance now in recital be deemed a Parish Provided that no alteration of the limits of any existing Parish should be made without the consent of the Bishop. And that the Members of the Church residing within every such parish shall once in each year by a majority of Votes to be ascertained as hereinafter mentioned elect a Lay person being a Member of the Church to be a Trustee for the purposes of this Ordinance now in recital and at such election every male person of the age of twentyone years being a Member of the Church shall be entitled to vote and the

Incubent of every such parish shall likewise once in every year, nominate another lay person being a Member of the Church to be a Trustee for the purposes of the said Ordinance now in recital and the manner in which the majority of such Votes should be ascertained and the time place and mode of such Election and Nomination respectively should be determined by the said Trustees by Bye-laws to be made in manner in the said Ordinance now in recital provided and the Trustees so elected and nominated should continue to hold Office until the next

Annual Election and Nomination Provided, that if it should at any time appear to the Trustees desirable to increase the number of Trustees in and for any parish,

it should be lawful for them to increase the number of such Trustees accordingly and by any Byelaw to declare and ordain that such additional number of Trustees should be elected and nominated as they should think fit in and for such Parish but so nevertheless that in every parish the Incumbent should at all times ave the right of nominating a number of Trustees equal to the number of elected Trustees And whereas by an Ordinance of the Superintendent and Provincial Council of

the Province of Canterbury entituled the “Church Property Trust Amendment Ordinance Session XI. No. 6” certain powers were vested in the said Body Politic and Corporate called the “Church Property Trustees” enabling them to dispose of and lease certain Lands therein mentioned And whereas the number of persons under the provisions of the said recited Ordinance entituled the “Church Property Trust Ordinance Session II. No. 3” to act in the concerns of the said Body Politic and Corporate called the “Church Property Trustees” interfere with the effective management of the property and concerns of the said Body Politic and Corporate And whereas it is expedient for the more effective

management of the property and concerns of the said Body Politic and Corporate that the number of persons acting therein should be limited and that certain portions o the said recited Ordinance entituled the “Church Properties Trust Ordinance Session II. No.3” should be repealed and other provisions in lieu thereof.

Be it therefore enacted by the Superintendent of the said Province with the advice and consent of the Provincial Council thereof as follows:

1. Repealing Clause.

So much of the second section of the said recited Ordinance entituled the “Church Property Ordinance Session II. No. 3” as relates to the appointment of the Clergy of the Church officiating within the Settlement under the license of the Bishop to act in the concerns of the said Body Politic and Corporate called the “Church Property Trustees” and the 3rd 4th 5th 6th 7th 8th 9th 10th and 12th Sections of the same Ordinance shall be and they are hereby repealed and from and after the passing of this Ordinance save as hereinafter mentioned the Clergy aforesaid and the several lay persons acting in the concerns of the said Body Politic and Corporate shall cease to be Members thereof.

2. The Bishop and eight other persons to be Members of the Corporation.

The Members of the said Body Politic and Corporate called the “Church Property Trustees” shall be the Bishop ex officio and eight other persons being members of the Church to be appointed as hereinafter mentioned.

3. Members to exercise their functions until they shall have ceased to be

Members under the provisions of this Ordinance.

The Very Reverend Henry Jacobs Master of Arts Dean The Reverend James

Wilson Master of Arts Canon The Reverend William Wellington Willock Master of

Arts The Reverend John Charles Bagshaw Master of Arts William Donald Esquire Doctor of Medicine Richard James Strachan Harman Esquire Richard Packer Esquire and Cyrus Davie Esquire shall be the persons who shall act together with the Bishop in the concerns and shall be the Members of the said Body Politic and Corporate called the “Church Property Trustees” until they shall respectively have retired therefrom and ceased to be Members thereof in manner hereinafter mentioned.

4. Synod to appoint succeeding Members.

At the next and every subsequent Annual Session of the Synod two of the persons acting with the Bishop in the concerns of the said Body Politic and Corporate called the “Church Property Trustees” to be ascertained by a ballot shall retire in rotation from acting in the concerns of the said Body and Corporate and the Synod shall appoint two persons Members of the Church to act in the concerns and be Members of the said Body Politic and Corporate in the place or stead of the persons so retiring as aforesaid.

5. Members retiring to be eligible for reappointment.

Every person who shall retire from acting in the concerns of the Said Body Politic and Corporate called the “Church Property Trustees” shall be eligible to be again appointed to act therein.

6. Members becoming bankrupt shall cease to be Members.

If any person appointed to act in the concerns of the said Body Politic and Corporate called the “Church Property Trustees” under the provisions herein contained shall become Bankrupt or Insolvent or shall become insane or shall be convicted of an infamous offence or shall cease to be a member of the Church or shall cease to reside in or shall be absent from the Province of Canterbury for the space of Six Calendar Months he shall cease to be a Member of the said Body Politic and Corporate.

7. Indemnity of Members.

No person acting in any matter under the provisions of this Ordinance shall be answerable for any other than his own acts deeds receipts neglects or defaults.

8. Members may retire on giving Notice, in writing, to the Bishop.

Any Member of the said Body Politic and Corporate called the “Church Property Trustees” under the provisions herein contained may by writing addressed to the Bishop and left at the office or place of business of the said Body Politic and Corporate or some place appointed for this purpose expressing such his desire cease to be a Member of the said Body Politic and Corporate.

9. Synod to appoint new Members in place of those retiring.

Whenever any vacancies shall occur in the said Body Politic and Corporate called the Church Property Trustees” under the provisions herein contained the

Synod if in Session or the Standing Committee appointed by the Synod at its Annual Session if the Synod be not in Session subject to the confirmation of Synod shall appoint another person to act in the place or stead of the Member who shall have retired or ceased to act as aforesaid and who shall therein for the remainder of the period during which the person in whose place he shall have been appointed would have acted.

10. The Bishop to be Chairman of Meetings.

The Bishop if present shall be the Chairman of every Meeting of the Members of the said Body Politic and Corporate called the “Church Property Trustees” and in his absence a Chairman shall be elected from amongst those present Provided that it shall be competent for the Members of the said Body Politic and Corporate at any Meeting to appoint some one of themselves to be the Chairman of such Meetings in the absence of the Bishop until the next Annual Session of Synod and the Chairman of every such Meeting shall have an original and also a

casting vote thereat Unless five Members are present no Meeting shall be constituted for the transaction of business and all acts to be done by them and all questions of adjournment or other questions may be decided by a majority of Members present provided five at least be present.

11. The Bishop may reserve questions for the decision of the Synod.

The Bishop shall have the power of reserving for the decision of Synod any act or proceeding of the Members of the said Body Politic and Corporate called the “Church Property Trustees” of what kind soever but this power shall not extend to authorise the Bishop or the Synod to annul or disallow any Contract or

Agreement or any Sale Mortgage Lease or other Disposition of any part of the property of the said Body Politic and Corporate which shall be actually entered into made completed and executed.

12. Members may frame Bye-laws.

The Members of the said Body Politic and Corporate called the “Church Property Trustees” may frame and establish such Bye-laws Rules Orders Regulations and Resolutions as may be expedient for the government of the said Body Politic and Corporate and the management of the property and concerns thereof and for regulating the times and places of Meeting of the Members of the said Body Politic and Corporate and for settling the appointment of Agents Officers Clerks and Servants and generally for the management and carrying on of all and singular the affairs and business of the said Body Politic and Corporate and the Members aforesaid may from time to time alter vary or revoke such Bye-laws Orders Rules Regulations or Resolutions or any of them and may make others in their stead Provided that any such Bye-law Rule Order Regulation or Resolution which shall be repugnant to the provisions herein contained or to the Laws of the Colony of New Zealand or of the Province of Canterbury or to any Canon or Ecclesiastical aw or Regulation now in force or which shall at any time be in force within the said Canterbury Settlement under the authority of the Synod shall be and the same is hereby declared to be absolutely null and void The Members of

the said Body Politic and Corporate shall in all their acts and proceedings Bye- laws Regulations and Resolutions conform to and obey all Canons and Ecclesiastical Laws and Regulations now or which shall at any time hereafter be in force under the authority of the Synod within the said Canterbury Settlement touching or relating to the administration of the property of the said Body Politic and Corporate.

13. Members shall keep minutes of their proceedings.

The Members of the said Body Politic and Corporate called the “Church Property Trustees” shall keep proper Books for containing Minutes and Particulars of their proceedings and full and true accounts of their Receipts and Expenditure and all such Books and Accounts together with all Vouchers and other Documents relating to the same shall be open to inspection by any Member of the Church resident within the said Canterbury Settlement at such reasonable times and places and in such manner as shall be fixed by the Members aforesaid and Minutes of Proceedings so kept and signed by the Chairman shall be sufficient evidence of such Proceedings and such Accounts of Receipts and Expenditure shall be audited at least once in the year by some person to be appointed by the Bishop and shall be laid before the Synod at its Annual Session and shall be published as the Synod shall from time to time direct.

14. Application of property of the Corporation may be extended to the whole of the Province of Canterbury.

It shall be lawful for the Members of the said Body Politic and Corporate called the “Church Property Trustees” at any Meeting of which four weeks’ previous notice specifying the object thereof shall be given by Advertisement published for four successive weeks in some Newspaper within the Province of Canterbury at which Meeting all the Members of the said Body Politic and Corporate under the provisions herein contained shall be present by the votes of at least Six of the Members present at such meeting to ordain a Bye-law for extending to any part

of the Province of Canterbury beyond the limits of the said Canterbury Settlement the application and benefit of the whole or any part of the property of the said Body Politic and Corporate and any such Bye-law shall be good and effectual in the Law and may thereafter at any meeting of the persons acting as aforesaid convened in like manner and by a like majority be altered revoked and re- ordained and such property shall be held administered and applied according t and in pursuance of any such Bye-law anything herein contained to the contrary notwithstanding.

15. Proceedings under recited Ordinances to be valid.

All transactions and proceedings whatsoever taken made and done under the provisions of the said recited Ordinance entituled respectively the “Church Property Trust Ordinance Session II. No. 3” and the “Church Property Trust Amendment Ordinance Session XI No. 6” before the coming into operation of this Ordinance shall be valid to all intents and purposes and may be continued executed and enforced after this Ordinance shall come into operation by the

persons appointed to act in the concerns of the said Body Politic and Corporate called the “Church Property Trustees” under the provisions herein contained.

16. Persons appointed Members of the Corporation under the provisions of this Ordinance to be deemed the Successors of the persons appointed under the provisions of the recited Ordinances.

The persons acting in the concerns of the said Body Politic and Corporate called the “Church Property Trustees” under the provisions herein contained shall be and be deemed to be Successors of the persons appointed and elected under the provisions of the said Ordinance entituled the “Church Property Trust Ordinance Session II. No. 3” to act in the concerns of the said Body Politic and Corporate called the “Church Property Trustees” and shall be members of the same Body Politic and Corporate called the “Church Property Trustees” and by that name shall have the like perpetual succession and common Seal as provided by the same Ordinance.

17. Interpretation Clause.

In interpreting this Ordinance the term “Bishop” shall be held to mean the Bishop of Christchurch for the time being within the Canterbury Settlement being the same Bishop as is mentioned in the said Ordinance entituled the “Church Property Trust Ordinance Session II. No. 3” The term “Canterbury Settlement” shall be held to include the territory or block of land set apart for the purposes of the Canterbury Association under the authority of an Act of the Imperial Parliament made and passed in the thirteenth and fourteenth years of the reign

of Her present Majesty entituled “An Act empowering the Canterbury Association to dispose of certain lands in New Zealand” and set forth and described in the Schedule to the said Act together with all lands comprised within the limits of the said Block The term “Church” shall mean the Church as defined by the “Church Property Trust Ordinance Session II. No. 3” The term “Member of the Church” shall mean and include any Communicant according to the Rites of the Church Th term “Synod” shall mean the Synod of the Diocese of Christchurch organised according to the provisions of a Statute entituled “A statute for Organising Diocesan Synods” and passed by the General Synod of the Church constituted under the provisions of a certain Deed agreed to at a General Conference of

Bishops Clergy and Laity of the Church held at Auckland on the Thirteenth day of June One thousand eight hundred and fifty-seven and revised at the session of the General Synod held at Christchurch in the year of our Lord One thousand eight hundred and sixty-five.

18. Title.

This Ordinance shall be entituled “The Church Property Trust Amendment

Ordinance 1867” and may br cited by such title.