TRINITY SCHOOLS TRUST BOARD HC WN CIV-2011-435-3

TRINITY SCHOOLS TRUST BOARD HC WN CIV-2011-435-3

The court approved the proposed variations because, on the evidence and especially the Attorney-General's independent report, the amendments would facilitate better administration of the trust and did not upset its original objects.

Citation
openlaw-fa88192e_2a7a_4d68_8184_c99c9c30e17d.pdf
Parties
Applicant: Trinity Schools Trust Board; Interested Party: Attorney-General
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 March 2011
Procedural Posture
Variation of Charitable Trust Deed Under Charitable Trusts Act 1957 / Judgment (final)
Outcome
Application granted; amended trust deed approved.
Legal Topics
Trust Deed Variation, Court Approval of Variation, Statutory Consultation and Advertising, Attorney General Report
Charities Law Trusts Law Administrative Law Trust Deed Variation Court Approval of Variation Statutory Consultation and Advertising Attorney General Report

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Parties

Trinity Schools Trust Board

Applicant

Attorney-General

Interested Party

Procedural Posture

Variation of Charitable Trust Deed Under Charitable Trusts Act 1957 / Judgment (final)

Legal Issues

  1. 1 Whether proposed deed variations facilitate carrying out of the trust as required by s37 of the Charitable Trusts Act 1957
  2. 2 Whether proposed variations are consistent with the original objects of the 1921 trust deed
  3. 3 Whether the advertising requirements of s36 were complied with

Ratio Decidendi

The court approved the proposed variations because, on the evidence and especially the Attorney-General's independent report, the amendments would facilitate better administration of the trust and did not upset its original objects.

Court Disposition

Application granted; amended trust deed approved.

Orders

  • Orders in terms of the application dated 21 December 2010
  • Costs of the Attorney-General to be paid by the Board: $750.00