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PAGE ›› 4 THE PROPERTY HANDBOOK Application forms for the following purposes are available on request from the Secretary to the Trustees, phone (04) 381 8290 or 0800 424 872, or email trustees@ presbyterian.org.nz: ›› Purchase property ›› Sell / lease property ›› Alter / extend / erect building ›› Spend / gift / lend capital (property) funds ›› Borrow funds ›› Apply for a Lottery grant
PAGE ›› 5 THE PROPERTY HANDBOOK INTRODUCTION Two trusts Properties belonging to the Presbyterian Church in New Zealand are vested in two separate trusts. The Waitaki River (North Otago) is the geographical boundary for the two trusts. North of the Waitaki River, property is vested in The Presbyterian Church Property Trustees. South of the Waitaki River, property is vested in the Otago Foundation Trust Board, although the Synod of Otago & Southland handles property approvals. This handbook is based on the procedures of The Presbyterian Church Property Trustees. Refer to the Synod of Otago & Southland for its specific requirements. The legal background Three Acts of Parliament establish the framework and principles of operation of The Presbyterian Church Property Trustees. Under the first Act, The Presbyterian Church Property Act 1885, The Presbyterian Church Property Trustees (Church Property Trustees) are the registered owners of, and are legally responsible for, all Presbyterian Church property located north of the Waitaki River. The other two acts, The Trustee Act 1956 and the Charitable Trusts Act 1957, provide binding legal principles under which the Church Property Trustees operate. All property transactions are managed through the Church Property Trustees. Sometimes the Trustees obtain special legal advice on rare and difficult transactions. The Book of Order is the Presbyterian Church’s official rule book, and covers all activities of the Church. It explains the responsibilities of church members, and sets out the procedures for each area of governance and management. Every presbytery, parish and church member is obliged to comply with it, except for members of co-operative ventures in circumstances where the Guide to Procedures in Co-operative Ventures applies instead. Chapter 16 of the 2006 Book of Order deals with property and finance matters. The Book of Order can be viewed on the Presbyterian Church website, www. presbyterian.org.nz. The Guide to Procedures in Co-operative Ventures can be viewed on the Uniting Congregations website, www.ucanz.org.nz.
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