5 Jun 2019
APPLICATION BY THE ROMAN CATHOLIC BISHOP OF THE DIOCESE OF HAMILTON [2019] NZHC 1255
- Citation
- [2019] NZHC 1255
- Court
- High Court
Although s64 of the Trustee Act 1956 provides jurisdiction to authorise distribution of capital of a charitable trust, the Court will not use s64 to amend a perpetual charitable trust deed so as to terminate the trust where that would circumvent the statutory scheme in Part 3 of the Charitable Trusts Act 1957; where termination and distribution are inextricably linked and the Attorney‑General and other interested parties have not been notified, the proper course is for trustees to promote a scheme under the Charitable Trusts Act 1957; accordingly the ex parte substantive application was dismi…