RE CANTERBURY BRANCH NEW ZEALAND FEDERATION OF UNIVERSITY WOMEN TRUST [2015] NZHC 950

RE CANTERBURY BRANCH NEW ZEALAND FEDERATION OF UNIVERSITY WOMEN TRUST [2015] NZHC 950

The Court approved the scheme because the proposed amendments and limits on trustee amendment powers facilitate the administration and carrying out of the charitable trust, do not affect the integrity or charitable purpose of the original objects, and comply with the requirements of s56 (and the advertising requirements of s36). The Attorney‑General's report supported these findings.

Citation
[2015] NZHC 950
Parties
Applicant/trustee: Judith Diane Brooks; Applicant/trustee: Bernadette Frances Devonport; Applicant/trustee: Deborah Mary Errington; Applicant/trustee: Ngaio Wendy Francis; Applicant/trustee: Ellen Lorraine McCrae; Applicant/trustee: Jean Ellen Sharfe; Applicant/trustee: Hilary Jane Stubbs
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 May 2015
Procedural Posture
Charitable Trusts Act Application / Approval of Scheme to Alter Mode of Administration (decision)
Outcome
Scheme approved under s56 of the Charitable Trusts Act 1957
Legal Topics
Variation of Trust Deed, Mode of Administration, Powers of Trustees, Scheme Approval, Attorney‑general Report, Statutory Compliance
Charitable Trusts Trust Law Charities Regulation Variation of Trust Deed Mode of Administration Powers of Trustees Scheme Approval Attorney‑general Report +1 more

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Parties

Judith Diane Brooks

Applicant/trustee

Bernadette Frances Devonport

Applicant/trustee

Deborah Mary Errington

Applicant/trustee

Ngaio Wendy Francis

Applicant/trustee

Ellen Lorraine McCrae

Applicant/trustee

Jean Ellen Sharfe

Applicant/trustee

Hilary Jane Stubbs

Applicant/trustee

Procedural Posture

Charitable Trusts Act Application / Approval of Scheme to Alter Mode of Administration (decision)

Legal Issues

  1. 1 Whether the proposed scheme facilitates the administration and carrying out of the charitable trust
  2. 2 Whether the proposed trustee power to amend the trust deed is permissible and adequately limited
  3. 3 Whether the proposed amendments affect the charitable objects or are contrary to law/public policy

Ratio Decidendi

The Court approved the scheme because the proposed amendments and limits on trustee amendment powers facilitate the administration and carrying out of the charitable trust, do not affect the integrity or charitable purpose of the original objects, and comply with the requirements of s56 (and the advertising requirements of s36). The Attorney‑General's report supported these findings.

Court Disposition

Scheme approved under s56 of the Charitable Trusts Act 1957

Orders

  • Order granting approval of the scheme attached to the application of 23 February 2015 marked "A"