New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Scheme under charitable trusts act
  • 9 Apr 2018

    RE DEW [2018] NZHC 624

    Citation
    [2018] NZHC 624
    Court
    High Court

    The court found it was inexpedient to carry out the existing charitable purpose because the trust's income materially exceeded the needs of the Waimea West Church and parish boundaries changed after parish amalgamation; the proposed variation closely followed the settlor's wishes to apply surplus funds for Catholic church upkeep; Attorney‑General consent and procedural requirements were satisfied; the application therefore met s32(1) and s56(1) criteria and the scheme was approved; the court refused to delete the cottage maintenance provision because the testator intended perpetual maintenanc…