THE POTTER MASONIC TRUST HC AK CIV 2008-404-1880

THE POTTER MASONIC TRUST HC AK CIV 2008-404-1880

The court found the original purposes were now impossible or impracticable to fulfil and that the proposed variation — sale of the properties and reinvestment of proceeds to support the welfare and wellbeing of children in the defined region — accords as closely as possible with the donor's intent; accordingly the scheme variation was approved.

Citation
openlaw-7ac97922_fd94_4972_a420_eda034da9967.pdf
Parties
Applicant (trustees): Potter Masonic Trust; Trustee: Grand Lodge of Antient Free and Accepted Masons of New Zealand; Intervener/report Author: Attorney-General; Interested Party: IHC NZ Incorporated; Interested Party: CCS Disability Action; Interested Party (withdrew Opposition): Wilson Centre for Children
Court
High Court
Jurisdiction
New Zealand
Judgment Date
16 July 2008
Procedural Posture
Charitable Trust Variation Under Charitable Trusts Act 1957 / Application for Court Approval of Scheme (ss 32 and 33)
Outcome
Application granted; scheme varied in the terms proposed; costs awarded to Attorney-General
Legal Topics
Scheme Variation, Cy Pres, Trust Administration, Approval of Charitable Trust Scheme
Charity Law Trusts Equity Scheme Variation Cy Pres Trust Administration Approval of Charitable Trust Scheme

Case Brief

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Parties

Potter Masonic Trust

Applicant (trustees)

Grand Lodge of Antient Free and Accepted Masons of New Zealand

Trustee

Attorney-General

Intervener/report Author

IHC NZ Incorporated

Interested Party

CCS Disability Action

Interested Party

Wilson Centre for Children

Interested Party (withdrew Opposition)

Procedural Posture

Charitable Trust Variation Under Charitable Trusts Act 1957 / Application for Court Approval of Scheme (ss 32 and 33)

Legal Issues

  1. 1 Whether it had become impossible, impracticable or inexpedient to carry out the original charitable purposes
  2. 2 Whether the proposed variation accords as closely as reasonably possible with the original terms of the trust
  3. 3 Whether sale of trust properties and reinvestment would better secure charitable purposes for children

Ratio Decidendi

The court found the original purposes were now impossible or impracticable to fulfil and that the proposed variation — sale of the properties and reinvestment of proceeds to support the welfare and wellbeing of children in the defined region — accords as closely as possible with the donor's intent; accordingly the scheme variation was approved.

Court Disposition

Application granted; scheme varied in the terms proposed; costs awarded to Attorney-General

Orders

  • Order varying the Potter Masonic Trust in accordance with the proposed scheme set out in the judgment
  • Trustees authorised to sell the Potter Masonic Centre and Rutland Street property and reinvest proceeds for charitable purposes as specified