In Re Masters and Best v The Board of Trustees of the First Church of Christ Scientist (Wanganui) [2015] NZHC 1858

In Re Masters and Best v The Board of Trustees of the First Church of Christ Scientist (Wanganui) [2015] NZHC 1858

Because the original charitable purposes were impracticable given the small congregation and insufficient funds, and because the statutory notice and reporting requirements were complied with and the Deputy Solicitor-General supported the proposal, the Court approved the substituted charitable scheme under s32 and ordered costs to be met from the trust funds in appropriate proportion.

Citation
[2015] NZHC 1858
Parties
Applicant/charitable Trustee: Board of Trustees of the First Church of Christ Scientist (Wanganui); Subject Trust/settlor (deceased): Estate of Salome Masters; Subject Trust/settlor (deceased): Estate of Alice Josephine Best
Court
High Court
Jurisdiction
New Zealand
Judgment Date
6 August 2015
Procedural Posture
Application Under Charitable Trusts Act 1957 for Approval of Scheme (part Iii) / Hearing and Decision on Approval of Substituted Charitable Scheme Under S32
Outcome
Applications granted; substituted scheme approved under s32 Charitable Trusts Act 1957
Legal Topics
Scheme Substitution/variation, Cy Près/impracticability, Statutory Notice and Reporting Requirements, Allocation of Costs
Charities Law Trusts Estate Administration Civil Procedure Scheme Substitution/variation Cy Près/impracticability Statutory Notice and Reporting Requirements Allocation of Costs

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Parties

Board of Trustees of the First Church of Christ Scientist (Wanganui)

Applicant/charitable Trustee

Estate of Salome Masters

Subject Trust/settlor (deceased)

Estate of Alice Josephine Best

Subject Trust/settlor (deceased)

Procedural Posture

Application Under Charitable Trusts Act 1957 for Approval of Scheme (part Iii) / Hearing and Decision on Approval of Substituted Charitable Scheme Under S32

Legal Issues

  1. 1 Whether the original charitable trusts could be given effect as intended
  2. 2 Whether a substituted purpose under s32 Charitable Trusts Act 1957 was appropriate
  3. 3 Whether statutory requirements (advertising and Solicitor-General report) were satisfied

Ratio Decidendi

Because the original charitable purposes were impracticable given the small congregation and insufficient funds, and because the statutory notice and reporting requirements were complied with and the Deputy Solicitor-General supported the proposal, the Court approved the substituted charitable scheme under s32 and ordered costs to be met from the trust funds in appropriate proportion.

Court Disposition

Applications granted; substituted scheme approved under s32 Charitable Trusts Act 1957

Orders

  • Approve substituted purpose: maintenance and repairs to the church building and any other charitable purpose relating to the First Church of Christ Scientist (Wanganui) as the board may select
  • Costs of the applications, including those of the Attorney-General, to be met from the respective trust funds in appropriate proportion