The YMCA New Zealand Soldiers Great War Memorial Trust [2013] NZHC 2516

The YMCA New Zealand Soldiers Great War Memorial Trust [2013] NZHC 2516

The Court held it was inexpedient to continue the original memorial-building purpose because the site had been sold and the building and funds were unsuitable for erecting or maintaining a memorial building; the proposed new trust deed is directed to charitable purposes and is sufficiently close to the original charitable intent to permit a variation under s 32; the proposed administrative changes (replacement of trustee by the National Board and addition of contemporary investment powers) facilitate the administration of the trust under s 33; accordingly the scheme was approved and the trust deed substituted as proposed.

Citation
[2013] NZHC 2516
Parties
Trust: YMCA New Zealand Soldiers Great War Memorial Trust; Applicant and Trustee: The National Council of YMCAs of New Zealand Incorporated; Reporting Party: Attorney-General
Court
High Court
Jurisdiction
New Zealand
Judgment Date
25 September 2013
Procedural Posture
Application Under Charitable Trusts Act 1957 (scheme Approval) / High Court Judgment (final)
Outcome
Application granted; scheme approved and trust deed varied
Legal Topics
Scheme Approval, Variation of Charitable Trust, Trustee Replacement, Charitable Purpose, Administrative Powers of Trustees
Charity Law Trusts Property Law Scheme Approval Variation of Charitable Trust Trustee Replacement Charitable Purpose Administrative Powers of Trustees

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Parties

YMCA New Zealand Soldiers Great War Memorial Trust

Trust

The National Council of YMCAs of New Zealand Incorporated

Applicant and Trustee

Attorney-General

Reporting Party

Procedural Posture

Application Under Charitable Trusts Act 1957 (scheme Approval) / High Court Judgment (final)

Legal Issues

  1. 1 Whether it is impossible, impracticable or inexpedient to carry out the original purpose of erecting a memorial building at the site
  2. 2 Whether the proposed new trust deed is directed to charitable purposes
  3. 3 Whether the new purposes are sufficiently close to the original charitable purposes

Ratio Decidendi

The Court held it was inexpedient to continue the original memorial-building purpose because the site had been sold and the building and funds were unsuitable for erecting or maintaining a memorial building; the proposed new trust deed is directed to charitable purposes and is sufficiently close to the original charitable intent to permit a variation under s 32; the proposed administrative changes (replacement of trustee by the National Board and addition of contemporary investment powers) facilitate the administration of the trust under s 33; accordingly the scheme was approved and the trust deed substituted as proposed.

Court Disposition

Application granted; scheme approved and trust deed varied

Orders

  • Substitute the original trust deed with the new deed annexed to the affidavit of Richard Lee Charles Odom filed in support of the application
  • Replace the current trustee with the National Board of the National Council of the Young Men's Christian Associations of New Zealand