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Methodist Church of New Zealand Trusts Bill (Consistent) [2009] NZBORARp 23 (30 April 2009)

Last Updated: 28 April 2020

Methodist Church of New Zealand Trusts Bill

30 April 2009

Attorney-General

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: METHODIST CHURCH OF NEW ZEALAND TRUSTS BILL

1. We have considered whether the Methodist Church of New Zealand Trusts Bill (the 'Bill'), a Private Bill in the name of Brendon Burns MP, is consistent with the New Zealand Bill of Rights Act 1990 (the ‘Bill of Rights Act’). The Bill was introduced to the House of Representatives on 28 April 2009 and is currently awaiting its first reading. We understand that the next Members' Day is scheduled for Wednesday, 6 May 2009.

2. The Bill provides a mechanism for varying charitable trusts of the Methodist Church, with oversight of the Attorney-General, where the original objects or purposes of the trusts are now impossible, impracticable, or inexpedient to carry out. The Bill also expands the purposes for which trustees hold trust funds or trust property for the benefit of Methodist orphanages or children’s homes.

3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.

Jeff Orr

Chief Legal Counsel

Office of Legal Counsel

Helen Wyn General Manager Public Law

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Financial Advisers Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.