12 Dec 2019
PRESBYTERIAN CHURCH PROPERTY TRUSTEES [2019] NZHC 3280
- Citation
- [2019] NZHC 3280
- Court
- High Court
The Court approved the Scheme because the original trust purpose had become inexpedient and impracticable to carry out given the closure of the parish, poor condition and heritage constraints on the property; the proposed substituted purpose (furthering PCANZ mission in the Alpine Presbytery) is charitable and accords as closely as reasonably possible with the original intent; proposed administrative variations under s33 facilitate carrying out the trust, including sale and application of proceeds; and a winding up clause is permissible because the trust is permitted to apply capital and may…