RE: OTAGO FOUNDATION TRUST BOARD [2018] NZHC 293

RE: OTAGO FOUNDATION TRUST BOARD [2018] NZHC 293

The Court held the original purposes had become inexpedient given changed circumstances and lack of practical functioning; the proposed variation constitutes valid charitable purposes and satisfied statutory procedural requirements including advertising and the Attorney‑General's unopposed s35 report, therefore the scheme was approved and orders made to vary the trust and permit associated administrative changes.

Citation
[2018] NZHC 293
Parties
Applicant/trustee: Otago Foundation Trust Board
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 March 2018
Procedural Posture
Application for Variation of Trust Under Charitable Trusts Act 1957 / Hearing and Decision (telephone Conference)
Outcome
Application granted; scheme approved and orders made varying the trust as proposed
Legal Topics
Variation of Trust, Inexpediency Test, Scheme Approval, Attorney General Report, Charitable Purpose Definition
Charitable Trusts Trusts Property Law Civil Procedure Variation of Trust Inexpediency Test Scheme Approval Attorney General Report +1 more

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Parties

Otago Foundation Trust Board

Applicant/trustee

Procedural Posture

Application for Variation of Trust Under Charitable Trusts Act 1957 / Hearing and Decision (telephone Conference)

Legal Issues

  1. 1 Whether the original trust has become inexpedient so as to justify variation under s32
  2. 2 Whether the proposed variation constitutes a valid charitable purpose
  3. 3 Whether procedural requirements including advertising and Attorney‑General report were satisfied

Ratio Decidendi

The Court held the original purposes had become inexpedient given changed circumstances and lack of practical functioning; the proposed variation constitutes valid charitable purposes and satisfied statutory procedural requirements including advertising and the Attorney‑General's unopposed s35 report, therefore the scheme was approved and orders made to vary the trust and permit associated administrative changes.

Court Disposition

Application granted; scheme approved and orders made varying the trust as proposed

Orders

  • Trust established by the will of Robert Campbell varied in accordance with the attached Deed of Variation
  • All reasonable costs and expenses of and incidental to preparation, perusal and advertising of the scheme, and submission to the Attorney‑General and the Court (including a $750 contribution to the Attorney‑General) are to be paid out of the Trust fund