1983, No. 1
Dannevirke and District Soldiers' Institute
Dissolution
1633
ANALYSIS
Title
Preamble
J. Short Title
2. Interpretation
3. Property vested in Association, etc.
4. Dissolution of Institute and tennination
of trust, !'le.
5. Powers of District Land Registrar
6. Private Act
Schedule
1983, No. I-Private
An Act to tenninate the trust known as the Dannevirke
and District Soldiers' Institute, to transfer the assets of
the trust to the Dannevirke and District Returned
Services Association (Incorporated), and to discharge the
trustees
[23 September 1983
WHEREAS there was established in Dannevirke in 1917 from
public subscriptions a trust known as the Dannevirke and
District Soldiers' Institute the property whereof comprises the
land described in the Schedule hereto together with the
buildings thereon and the chattels therein contained, which
trust was deemed to be a war fund within the meaning ascribed
to that term by section 2 of the War Funds Act 1915: And
whereas the present trustees, and the Dannevirke and District
Returned Services Association (Incorporated), and all persons
concerned are agreed that the purposes for which the said
trust was established have failed and that the terms of the said
trust are incapable of being continued: And whereas there is
a provision in the original trust deed which states as follows,
namely, "Should the Executive Committee of the Institute
together with the trustees decide at any future time that the
Institute is no longer required and that the same should be
wound up then the trustees shall hold the said trust property
and funds for such purpose institution or object of a public
1634
Dannevirke and District Soldiers' Institute
Dissolution
1983, No. 1
nature or interest as the trustees and the committee of the
said Institute at a joint meeting shall determine": And whereas
the said Institute no longer exists as a body nor is there any
survivor or successor of its Executive Committee: And whereas
the trustees and all persons concerned are agreed that the trust
should be terminated and the real and personal property of
the trust be vested absolutely and beneficially in the Dannevirke
and District Returned Services Association (Incorporated): And
whereas the objects of this Act cannot be effected efficiently
and economically otherwise than by legislation:
by the General Assembly of New
Zealand in Parliament assembled, and by the authority of the
same, as follows:
BE IT THEREFORE ENACTED
1. Short Title-This Act may be cited as the Dannevirke
and District Soldiers' Institute Dissolution Act 1983.
2. Interpretation-In this Act, unless the context otherwise
requires,"Association" means the Dannevirke and District Returned
Services Association (Incorporated):
"Trust" means the Dannevirke and District Soldiers'
Institute:
"Trustees" means the trustees of the trust holding office
immediately before the commencement of this Act.
8. Property vested in Association, etc.-(I) The land
described in the Schedule to this Act is hereby vested in the
Association for an estate in fee simple, subject to all
reservations, restrictions, encumbrances, liens, and interests to
which it was subject immediately before the commencement
of this Act.
(2) On the commencement of this Act(a) All real and personal property belonging to the trust shall
become vested in the Association:
(b) All money payable to the trust shall become payable to
the Association:
(c) All liabilities, contracts, and engagements, and all rights
and authorities of any nature whatever, of the trust
shall become liabilities, contracts, engagements,
rights, and authorities of the Association:
(d) All proceedings pending by or against the trust may be
carried on, completed, and enforced by or against
the Association.
1983, No. 1
DanneVlrke and DIStrict Soldiers' InstItute
Dissolutwn
1635
(3) The real and personal property of the trust is hereby
declared no longer to be a war fund within the meaning of
the War Funds Act 1915.
4. Dissolution ofInstitute and tennination of trust, etc.(I) The Dannevirke and District Soldiers' Institute is hereby
dissolved.
(2) The trust is hereby terminated.
(3) On and after the commencement of this Act, the trustees
shall be released and discharged from the obligations and duties
imposed on them by the instruments which created the trust.
5. Powers of District Land Registrar-The District Land
Registrar for the Land Registration District of H~wkes Bay shall
make such entries in his registers and on any outstanding
documents of title and generally do all such things as may be
necessary to give effect to the provisions of this Act.
6. Private Act-This Act is hereby declared to be a private
Act.
SCHEDULE
SectIon 3 (I)
that piece of land situated in the Borough of Dannevirke, containing
2772 square metres, more or less, being part Suburban Section 20,
Dannevirkf', and being also Lot 8, Deposited plan No. 10332, and being
all of the land comprised and described in certificate of title, No. D2/130
(Hawkes Bay Registry).
ALL