Charitable Trusts Act 1957

Vesting of property

3: Property to vest in trustees or their successors

You could also call this:

"Property goes to new trustees without extra paperwork"

When a group of people, like a church or charity, gets property, they often put it in the name of trustees. These trustees can change over time. This law says that when new trustees take over, the property automatically belongs to them without needing new paperwork.

The property will belong to the new trustees in the same way it belonged to the old ones. All the rules about how to use the property stay the same. This happens even if the original paperwork says something different.

This automatic transfer of property to new trustees doesn't stop people from officially appointing new trustees or transferring property in other ways if they want to.

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This page was last updated on 15 April 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309914.

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2B: Transitional, savings, and related provisions, or

"Rules for when the law changes"

4: Evidence of appointment of trustees, or

"How to prove new trustees have been chosen and what they're responsible for"

Part 1Vesting of property

3Property to vest in trustees or their successors

Where any real or personal property has been or is hereafter acquired by or on behalf of any religious denomination, congregation, or society, or any body of persons associated for any charitable purpose, and the conveyance or other assurance of that property has been or is taken to or in favour of trustees to be from time to time appointed, or any parties named in the conveyance or other assurance, or subject to any trust for any such denomination or congregation or society or body of persons, or for the individuals comprising the same, the conveyance or other assurance shall not only vest the property thereby conveyed or otherwise assured in the parties named therein, but shall also effectually vest the same in their successors in office for the time being and the continuing trustees (if any) jointly, or if there are no such continuing trustees, then in their successors in office for the time being chosen and appointed in the manner provided or referred to in the conveyance or other assurance, or in any separate deed or instrument, declaring the trusts thereof; or if no mode of appointment is therein provided or referred to, or if the power of appointment has lapsed, then in such manner as may be agreed upon by such denomination or by a body constituted to represent them, or by such congregation, society, or body of persons.
The said property shall be so vested without any conveyance or other assurance whatsoever upon the same trusts and with and under and subject to the same powers and provisions as are contained or referred to in the conveyance or other assurance, or in any separate deed or instrument upon which the property is held so far as the same may at the time of vesting be subsisting and still capable of taking effect, anything in the conveyance or other assurance or in any separate deed or instrument to the contrary notwithstanding.
Nothing in this section shall restrict the effect of any appointment of new trustees or of any conveyance or other assurance or vesting of any property.

Compare

1908 No 164 s 2