Wagner Nicky: Christ’s College (Canterbury) Amendment Bill — First Reading 
Wagner Nicky: Christ’s College (Canterbury) Amendment Bill — First Reading 
[Volume:661;Page:9570] 
NICKY WAGNER (National) 
: 
 I move  
That the Christ’s College (Canterbury) Amendment Bill be now read a first time. 
 At the appropriate time I intend to move that the bill be considered by the Government Administration Committee. 
Christchurch is considered the most English of New Zealand cities with the river Avon flowing through its town its Anglican cathedral and its neo-Gothic buildings including those of Christ’s College. It is not surprising because the city and the whole Canterbury province began life as a Church of England colony as envisioned by Edward Gibbon Wakefield and John Robert Godley. 
Christ’s College was part of that vision and it began in 1850 as a school for early settlers. Although it was directly modelled on the philosophies of the English public school it was on a much smaller scale being run out of two rooms in the immigration barracks at Lyttelton. It provided a classical education including Greek and Latin modern languages mathematics English history and geography. The students mostly boys were also expected to conduct scientific experiments to draw and to sing. The school was named Christ’s College by J E Fitzgerald Canterbury’s first superintendent after his old college at Cambridge. 
In 1855 the Church Property Trustees founded Christ’s College as a separate educational institution and it moved to its present site at the foot of the cultural precinct in Christchurch with 35 pupils and a staff of three. Certain land endowments were handed over to it mostly town lands. In the same year Parliament passed the Christ’s College Ordinance which incorporates the deed of foundation incorporating Christ’s College Canterbury as a body corporate having perpetual succession. Over the last 155 years Christ’s College has been subject to further legislation to address various issues that have arisen and difficulties that the college has faced regarding the administration of its property and funds. 
The Christ’s College (Canterbury) Amendment Bill which I bring forward today amends the 1910 Christ’s College (Canterbury) Act to authorise the governing body of the college to apply property in certain circumstances to the benefit of the college even though the property is not applied for the original purpose for which it was given or vested in the college. Over the years the college has received numerous bequests from various donors. The terms of some of them require that the annual income generated by their funds be applied to a specific purpose—for example the provision of prizes for certain subjects or sports or the provision of scholarships to pupils who meet certain criteria. Accordingly the college holds these funds on trust to be applied for those specific purposes. Although the 1910 Act gives the governing body wide powers section 5 of the Act makes it clear that nothing in this Act is to be construed to give the power to use “any moneys or property for purposes other than were intended by any conveyance transfer grant gift deposition or declaration of trust setting out the purposes for which any property was given to or vested in the College.”—that is the college must apply the funds to the purpose specified by the donor. This reflects the common law duty of trustees to comply with the terms of any trust. But let me make it clear: the college wishes to and as a trustee must ensure that to the fullest extent possible the objects of the trust continue to be met. However the stated objects of a number of trusts have over the years become largely redundant. Also some of the trusts receive income that is either in excess of or insufficient for their needs. 
The college is not alone in trying to manage this issue. The Methodist Church of New Zealand Trusts Bill has recently been passed in this House and it dealt with the same problem as did the Anglican Church Trusts Act in 1981 the Presbyterian Church Property Amendment Act in 1996 and the Roman Catholic Bishops Empowering Act of 1997. As a registered charity the college could apply for approval of a scheme under the Charitable Trusts Act 1957 but as was recognised by the House in passing the Methodist Church of New Zealand Trusts Bill that is lengthy expensive and impractical given the number of trusts that have to be varied. 
The Christ’s College (Canterbury) Amendment Bill does not confer power to use properties for purposes other than those that were intended. The board is aware that where it is possible to carry out the donor’s intention those intentions must continue to be honoured. However in certain circumstances when it is not possible to use the income for a stated purpose the governing body may use it in other ways to benefit the college. Those circumstances are when the original purposes have become wholly or in part redundant uncertain as to their application impractical to implement or the property generates income that is inadequate or in excess of the amount necessary for those purposes. There are many examples of the purposes of bequests becoming redundant such as funding for sons of soldiers who have suffered or fallen during the First or Second World Wars and funding for students from Christchurch orphanages that no longer exist. There are also prizes for sporting events that do not happen any longer and for subjects that are no longer taught. And nowadays the funding streams do not always work effectively. There are scholarships that are too small in dollar terms to be useful and funds that grow so quickly that they cannot be dispersed under the original rules. If the funds cannot be used for the stated purposes they just accumulate in the school’s accounts and despite the intentions of the donors they can do nothing to benefit either the school or the students. 
This change in legislation is necessary for the effective use of bequests from past donors to the college. The Attorney-General has concluded that the bill is consistent with rights and freedoms affirmed by the New Zealand Bill of Rights Act 1990. I seek support for this bill so that it can be sent to the Government Administration Committee to be considered and so that donated funds and property can continue to be used appropriately for the benefit of the college and its students.