4 Apr 2012
RE THE FRANK SYDENHAM SCHOLARSHIP TRUST HC TAU CIV 2011-470-001088
- Citation
- openlaw-fe726722_75aa_464c_baaf_a873c917d128.pdf
- Court
- High Court
The Court held that the trust's original charitable purpose remained charitable but had become inexpedient due to restrictive geographic and administrative provisions; accordingly s32 authorised a limited extension of the geographic catchment to the Bay of Plenty Region and s33 authorised administrative changes (removal of bond in favour of a good faith undertaking, substitution and reduction of the selection committee, and authorisation to compensate members), and the scheme was a proper, approvable charitable scheme under Part III of the Charitable Trusts Act 1957.
- Variation of charitable trust (s32)
- Alteration of mode of administration (s33)
- Cy-pres doctrine
- Geographical limitation of charitable gifts
- Residency conditions for scholarships
- Court approval of schemes (s56)