Re K’aute Pasifika Trust [2019] NZHC 2432

Re K’aute Pasifika Trust [2019] NZHC 2432

The Court approved the proposed scheme because removing the Waikato restriction was expedient given expanded activities and funding realities, the Trust's central charitable purpose remained intact so the amendment was minimal, the Attorney‑General supported the changes, and it was appropriate to use the Court's inherent jurisdiction to retrospectively validate the 2004 and 2012 constitutions and trustee appointments to regularise the Trust's business.

Citation
[2019] NZHC 2432
Parties
Applicant (charitable Trust): K'aute Pasifika Trust; Interested Party/reporting: Attorney-General (Protector of charities)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 September 2019
Procedural Posture
Charitable Trusts Scheme Approval (charitable Trusts Act 1957) / Application for Approval of a Scheme – Judgment on the Papers
Outcome
Scheme approved and orders made in terms of the originating application dated 5 July 2019
Legal Topics
Variation of Charitable Trust Objects, Scheme Approval Under Charitable Trusts Act S32, Retrospective Validation of Constitutions, Ratification of Trustee Appointments, Court's Inherent Jurisdiction
Charity Law Trusts Equity Civil Procedure Variation of Charitable Trust Objects Scheme Approval Under Charitable Trusts Act S32 Retrospective Validation of Constitutions Ratification of Trustee Appointments +1 more

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Parties

K'aute Pasifika Trust

Applicant (charitable Trust)

Attorney-General (Protector of charities)

Interested Party/reporting

Procedural Posture

Charitable Trusts Scheme Approval (charitable Trusts Act 1957) / Application for Approval of a Scheme – Judgment on the Papers

Legal Issues

  1. 1 Whether it is expedient to amend the Trust's objects to remove a geographic restriction to Waikato and extend to Pacific Island communities in New Zealand
  2. 2 Whether constitutions adopted in 2004 and 2012 are valid despite the 1999 constitution lacking an amendment power and whether the Court should retrospectively approve them
  3. 3 Whether trustee appointments made since 2004 should be ratified retrospectively

Ratio Decidendi

The Court approved the proposed scheme because removing the Waikato restriction was expedient given expanded activities and funding realities, the Trust's central charitable purpose remained intact so the amendment was minimal, the Attorney‑General supported the changes, and it was appropriate to use the Court's inherent jurisdiction to retrospectively validate the 2004 and 2012 constitutions and trustee appointments to regularise the Trust's business.

Court Disposition

Scheme approved and orders made in terms of the originating application dated 5 July 2019

Orders

  • Approve the draft scheme under the Charitable Trusts Act 1957 as sought by the K'aute Pasifika Trust
  • Amend the objects of the Trust to remove references to the Waikato and permit assistance to Pacific Island communities in New Zealand