Callum MacDonald, People’s Worship in Freedom Mission Trust [2013] NZHC 2417

Callum MacDonald, People’s Worship in Freedom Mission Trust [2013] NZHC 2417

Because the proposed deed, as amended in drafting changes accepted by counsel and the Attorney‑General, preserves the trust's original charitable (Christian) purpose and is necessary to give effect to the trust in its present circumstances, and because statutory procedural requirements were met (public advertisement...

Source-derived case information.

Citation
[2013] NZHC 2417
Parties
Applicant (trustee): Callum MacDonald; Respondent (trust): People's Worship in Freedom Mission Trust and its Congregation; Interested Party: Oral Roberts Evangelistic Movement and World Outreach New Zealand; Intervener: Attorney-General
Court
High Court
Jurisdiction
New Zealand
Judgment Date
16 September 2013
Procedural Posture
Application Under Part 3 of the Charitable Trusts Act 1957 and Sections 66 and 77 of the Trustee Act 1956 / Hearing and Oral Judgment (final Approval)
Outcome
Application granted; new deed approved as amended; costs awarded payable from trust funds; specified trustee appointments approved
Legal Topics
Scheme Approval Under Charitable Trusts Act, Variation/modernisation of Trust Deed, Preservation of Charitable Purpose, Appointment of Trustees, Winding Up Provisions, Costs Order
Charity Law Trust Law Religious Institutions Law Costs Law Scheme Approval Under Charitable Trusts Act Variation/modernisation of Trust Deed Preservation of Charitable Purpose Appointment of Trustees +2 more

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Parties

Callum MacDonald

Applicant (trustee)

People's Worship in Freedom Mission Trust and its Congregation

Respondent (trust)

Oral Roberts Evangelistic Movement and World Outreach New Zealand

Interested Party

Attorney-General

Intervener

Procedural Posture

Application Under Part 3 of the Charitable Trusts Act 1957 and Sections 66 and 77 of the Trustee Act 1956 / Hearing and Oral Judgment (final Approval)

Legal Issues

  1. 1 Whether the proposed new deed preserves the original charitable purposes and may be approved under the Charitable Trusts Act
  2. 2 Whether the procedural requirements (public advertisement and Attorney‑General report) have been satisfied
  3. 3 Whether proposed amendments are appropriate

Ratio Decidendi

Because the proposed deed, as amended in drafting changes accepted by counsel and the Attorney‑General, preserves the trust's original charitable (Christian) purpose and is necessary to give effect to the trust in its present circumstances, and because statutory procedural requirements were met (public advertisement and Attorney‑General's report), the Court exercises its power under the Charitable Trusts Act to approve the deed, award reasonable costs from trust funds, and approve the specified trustee appointments.

Court Disposition

Application granted; new deed approved as amended; costs awarded payable from trust funds; specified trustee appointments approved

Orders

  • New deed of trust approved as amended in the judgment
  • Costs awarded to the Attorney‑General in the sum of 750 plus disbursements (approved) to be paid from the Trust's funds