3 Nov 2021
RE McLEAN INSTITUTE [2021] NZHC 2875
- Citation
- [2021] NZHC 2875
- Court
- High Court
The Court lacks jurisdiction under Part 3 of the Charitable Trusts Act 1957 to approve the proposed scheme to the extent the variations are inconsistent with the McLean Institute Acts and the will because the Acts (and preambles) evidence core trust obligations — notably retention of land/buildings for housing destitute women and the surrender requirement for statutory/public aid — and do not adopt Part 3 CTA; consequently the Part 3 route is unavailable for those changes, and the application is dismissed. A limited inconsistency concerning substitution procedure in s9 1909 Act was identified…