SOUTHALL, THOMPSON, McPHAIL, OLIVER AND BLEACKLEY [2023] NZHC 3165

SOUTHALL, THOMPSON, McPHAIL, OLIVER AND BLEACKLEY [2023] NZHC 3165

The Court approved the proposed scheme because the statutory prerequisites were met, the Attorney‑General supported the amendments, the changes do not alter the Trust's charitable purposes and they materially facilitate administration by remedying impossibilities and updating governance, investment and indemnity provisions consistent with the Trusts Act 2019.

Citation
[2023] NZHC 3165
Parties
Applicant (charitable Trust): The New Zealand Police Dog Charitable Trust; Applicant (de Facto Trustee): Todd Peter Southall; Applicant (de Facto Trustee): Rhonda Thompson; Applicant (de Facto Trustee): Fiona Michele McPhail; Applicant (de Facto Trustee): Christine Faye Oliver; Applicant (de Facto Trustee): John Bleackley
Court
High Court
Jurisdiction
New Zealand
Judgment Date
13 November 2023
Procedural Posture
Variation of Charitable Trust Deed Under Charitable Trusts Act 1957 / Originating Application Determined on the Papers
Outcome
Application granted; scheme varying the trust deed approved and order made under s 53 of the Charitable Trusts Act 1957
Legal Topics
Variation of Trust Deed (pt 3 / S33), Trustee Appointment and Removal, Investment Powers and Prudent Investment Duty, Trustee Indemnity Limits, Statutory Procedural Compliance (attorney General Report, Advertising)
Charity Law Trust Law Administrative Law Property/investment Law Variation of Trust Deed (pt 3 / S33) Trustee Appointment and Removal Investment Powers and Prudent Investment Duty Trustee Indemnity Limits +1 more

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Parties

The New Zealand Police Dog Charitable Trust

Applicant (charitable Trust)

Todd Peter Southall

Applicant (de Facto Trustee)

Rhonda Thompson

Applicant (de Facto Trustee)

Fiona Michele McPhail

Applicant (de Facto Trustee)

Christine Faye Oliver

Applicant (de Facto Trustee)

John Bleackley

Applicant (de Facto Trustee)

Procedural Posture

Variation of Charitable Trust Deed Under Charitable Trusts Act 1957 / Originating Application Determined on the Papers

Legal Issues

  1. 1 Whether the trust deed may be varied under pt 3 / s33 to address administrative impossibility due to organisational change
  2. 2 Whether substitution of a single Governor (Deputy Commissioner responsible for Police Dog Section) for a dissolved Governing Committee is permissible
  3. 3 Whether trustees may be given broader investment powers to comply with Trusts Act 2019 duties

Ratio Decidendi

The Court approved the proposed scheme because the statutory prerequisites were met, the Attorney‑General supported the amendments, the changes do not alter the Trust's charitable purposes and they materially facilitate administration by remedying impossibilities and updating governance, investment and indemnity provisions consistent with the Trusts Act 2019.

Court Disposition

Application granted; scheme varying the trust deed approved and order made under s 53 of the Charitable Trusts Act 1957

Orders

  • Scheme varying the trust deed approved under s 53 of the Charitable Trusts Act 1957
  • All reasonable costs and expenses of and incidental to preparation, perusal and advertising of the scheme and submission to the Attorney‑General and the High Court (including contribution of $750 to Attorney‑General) and any solicitors' and counsel costs to be paid out of the trust fund