Home | Databases | WorldLII | Search | Feedback Vanuatu Sessional Legislation

Church of Melanesia Act 2005

Commencement: 07 August 2006

REPUBLIC OF VANUATU

CHURCH OF MELANESIA (VANUATU) TRUST BOARD ACT
NO. 48 OF 2005

Arrangement of Sections

1 Interpretation
2 Establishment of the Church of Melanesia (Vanuatu) Trust Board
3 Composition of the Board
4 Removal and resignation of elected members
5 Vacancies and acting members
6 Powers of the Board
7 Board not bound to accept property
8 Board may invest funds
9 Execution of any deed or instrument
10 Transfer of assets, liabilities, contracts and legal proceedings
11 Transitional arrangements for existing Board members
12 Rules
13 Regulation

14. Repeal

15 Commencement

------------------------------------

REPUBLIC OF VANUATU

Assent: 30/12/2005
Commencement: 07/08/2006

CHURCH OF MELANESIA (VANUATU) TRUST BOARD ACT
NO. 48 OF 2005

An Act to provide for the establishment of a trust board for the Church of Melanesia in Vanuatu, and for related purposes.

Be it enacted by the President and Parliament as follows-

1 Interpretation

In this Act, unless the contrary intention appears:

Archbishop means the Archbishop of the Church.

Board means the Church of Melanesia (Vanuatu) Trust Board established under section 2.

Church means the Church of Melanesia in Vanuatu.

Diocese means an ecclesiastical district as established by Article 3 of the Constitution of the Church.

Executive Council means the Executive council of the Church as established by Article 7A of the Constitution of the Church.

General Synod means the General Synod of the Church as established by Article 7 of the Constitution of the Church.

member means a member of the Board.

Minister means the Minister responsible for religious affairs.

2 Establishment of the Church of Melanesia (Vanuatu) Trust Board

(1) The Church of Melanesia (Vanuatu) Trust Board is established.

(2) The purpose of the establishment of the Board is to benefit, advance, extend or give effect to the work and objects of the Church.

(3) The Board:

(a) is a body corporate with perpetual succession; and

(b) is to have a common seal; and

(c) is capable of suing and being sued.

3 Composition of the Board

(1) The Board consists of 9 members.

(2) The members are:

(a) the Archbishop who is to be the Chairperson of the Board; and

(b) the Diocesan Bishop of each of the Dioceses in Vanuatu, the longest serving of whom is to be the Deputy Chairperson of the Board; and

(c) one priest from each Diocese in Vanuatu who is to be elected by the General Synod; and

(d) one lay person from each Diocese in Vanuatu who is to be elected by the General Synod; and

(e) two other persons who are resident in Vanuatu who are to be elected by the General Synod.

(3) An elected member of the Board holds office from the date of their election until the next meeting of the General Synod. The member may be re-elected.

(4) The members referred to in paragraphs 1(a) and (b) hold office for as long as they hold the position of Archbishop or Diocesan Bishop.

4 Removal and resignation of elected members

(1) The General Synod or, if the General Synod is not in session, the Executive Council may remove an elected member referred to in paragraph 3(2) (c), (d) or (e) for:

(a) contravention of any of the policies, Constitution or Canons of the Church; or

(b) any other reasonable cause.

(2) An elected member may resign at any time by giving his or her resignation in writing to the Executive Council.

5 Vacancies and acting members

(1) If a vacancy in the position of an elected member, occurs on the Board by reason of death, resignation or removal from office, a new member is to be elected by the General Synod or, if the General Synod is not in session, by the Executive Council.

(2) The Board may appoint a person to act as a member if the member is absent from Vanuatu or is for any reason unable to perform his or her duties. A person must not be appointed to act for more than 3 months.

6 Powers of the Board

(1) The Board has power to do all things that are necessary or convenient to be done for or in connection with this Act.

(2) Without limiting subsection (1), the Board may:

(a) acquire or receive real or personal property from any person for the purpose of carrying on, benefiting, advancing, extending or bringing into effect the work and objects of the Church in any Diocese in Vanuatu; and

(b) hold, sell, exchange, convey, assign, surrender, mortgage, reassign, transfer, dispose or otherwise deal with any real or personal property referred to in paragraph (a); and

(c) acquire or receive real or personal property upon trust and manage or administer such property in accordance with the terms of the trust; and

(d) form or participate in the formation of a company, association, trust or partnership; and

(e) enter into a joint venture with another person or body; and

(f) enter into contracts or agreements; and

(g) acquire or hold businesses.

7 Board not bound to accept property

The Board is not bound to accept any property for any of the purposes mentioned in section 6 or for any other purpose unless it in its absolute discretion thinks it fit to do so.

8 Board may invest funds

The Board may invest any of its funds in any manner approved by the General Synod.

9 Execution of any deed or instrument

A deed or instrument of the Board is effective if it is made pursuant to a unanimous resolution of the Board and is signed by the Chairperson and 2 other members.

10 Transfer of assets, liabilities, contracts and legal proceedings

(1) On the commencement of this Act, the assets and liabilities of the Church of Melanesia (Diocese of the New Hebrides) Trust Board vest in the Board without the need for any conveyance, transfer or assignment.

(2) On the commencement of this Act, any contract to which the Church of Melanesia (Diocese of New Hebrides) Trust Board is a party continues to have effect on and after that commencement as if:

(a) a reference to the Church of Melanesia (Diocese of New Hebrides) Trust Board were a reference to the Board; and

(b) the rights and obligations of the Church of Melanesia (Diocese of New Hebrides) Trust Board under that contract were the rights and obligations of the Board.

(3) If the Church of Melanesia (Diocese of New Hebrides) Trust Board was a party to proceedings that:

(a) were pending in any court immediately before the commencement of this Act; and

(b) related, in whole or in part, to an asset, liability, right or obligation mentioned in subsection (1) or (2);

the Board is, by force of this subsection, substituted for the Church of Melanesia (Diocese of New Hebrides) Trust Board as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right or obligation.

(4) Subsection (1) applies to an asset or liability whether or not any Act or agreement relating to it:

(a) permits a conveyance, transfer or assignment of the asset or liability; or

(b) requires any consent to such a conveyance, transfer or assignment.

(5) A person or authority who has power under any Act or enactment to register, record or otherwise give effect to:

(a) transactions affecting assets or liabilities mentioned in subsection (1); or

(b) documents relating to such transactions;

(c) must do whatever is necessary or desirable to give effect to, or reflect, the vesting (for example, making entries in a register).

(6) If a person or authority does not comply with the requirements of subsection (5) within a reasonable time after the vesting has occurred, the Minister may in writing direct the person or authority to take such action as is specified in the direction to give effect to, or reflect, the vesting.

(7) In this section:

asset means:

(a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and

(b) any right, power, privilege or immunity, whether actual, contingent or prospective;

contract includes a deed;

liability includes any liability, duty or obligation, whether actual, contingent or prospective.

11 Transitional arrangements for the existing Board members

(1) This section applies to a person who immediately before the commencement of this Act was a member of the Church of Melanesia (Diocese of New Hebrides) Trust Board.

(2) On the commencement of this Act, the person is taken to be a member of the Board subject to the provisions of this Act.

(3) To avoid doubt, an elected member continues to hold office until the next General Synod.

12 Rules

The General Synod may make rules not inconsistent with this Act for the administration and control of the affairs of the Board, including its procedures.

13 Regulation

The Minister may, after consultation with the Board, make regulations:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

14 Repeal

The Queen’s Regulation No. 1 of 1976 is repealed.

15 Commencement

This Act commences on the day on which it is published in the Gazette.

-----------------------------------