PRESBYTERIAN SUPPORT CENTRAL HC WN CIV-2009-485-140

PRESBYTERIAN SUPPORT CENTRAL HC WN CIV-2009-485-140

The Court held that it was inexpedient under s32 to continue the male-only restriction because the original justification (a residential farm training home for boys) ceased to apply after the farm was sold and converted into a fund; amending the trust to extend benefits to girls keeps as close as reasonably possible...

Source-derived case information.

Citation
openlaw-06a9e28a_f50f_4c32_9b55_6a479cdede49.pdf
Parties
Applicant Current Trustee: Presbyterian Support Central; Settlor: Ann Sinclair; Original Trustee: Presbyterian Orphanage and Social Service Trust Board
Court
High Court
Jurisdiction
New Zealand
Judgment Date
2 April 2009
Procedural Posture
Application Under Charitable Trusts Act 1957 / Judgment Delivered 2 April 2009
Outcome
Application under s32 granted to vary trust purpose by expanding beneficiary class from 'boys' to 'boys and girls'; costs awarded to Crown Law Office and trustee recoverable from fund within limits set.
Legal Topics
Variation of Charitable Trust, Inexpediency Under S32, Beneficiary Class Amendment (gender), Costs Recovery Against Trust Fund
Charity Law Trusts Human Rights Variation of Charitable Trust Inexpediency Under S32 Beneficiary Class Amendment (gender) Costs Recovery Against Trust Fund

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Parties

Presbyterian Support Central

Applicant Current Trustee

Ann Sinclair

Settlor

Presbyterian Orphanage and Social Service Trust Board

Original Trustee

Procedural Posture

Application Under Charitable Trusts Act 1957 / Judgment Delivered 2 April 2009

Legal Issues

  1. 1 Whether it is inexpedient under s32 to continue a male-only beneficiary restriction
  2. 2 Whether varying the trust to include girls keeps as close as reasonably possible to the settlor's intention
  3. 3 Whether trustee costs and Crown Law costs are properly chargeable to the trust fund

Ratio Decidendi

The Court held that it was inexpedient under s32 to continue the male-only restriction because the original justification (a residential farm training home for boys) ceased to apply after the farm was sold and converted into a fund; amending the trust to extend benefits to girls keeps as close as reasonably possible to the settlor's intention and is therefore authorised.

Court Disposition

Application under s32 granted to vary trust purpose by expanding beneficiary class from 'boys' to 'boys and girls'; costs awarded to Crown Law Office and trustee recoverable from fund within limits set.

Orders

  • All references in the Trust Deed to granting assistance to 'boys' are to be expanded to 'boys and girls'
  • Award $750 to Crown Law Office for preparation of Attorney-General's report payable from the fund