21 Oct 2013
INVERCARGILL CITY COUNCIL v THE ATTORNEY-GENERAL [2013] NZHC 2749
- Citation
- [2013] NZHC 2749
- Court
- High Court
The 1974 Deed created a charitable trust; clause 4(a) imposes on the Council an obligation to maintain the Hall as a memorial 'for so long as is practicable'; current evidence is insufficient to establish it is now impracticable for the Council to continue maintenance; the maintenance obligation can pass to a new trustee; the appropriate mechanism to effect transfer or variation is by application under s32 and/or s33 of the Charitable Trusts Act 1957 (with public advertising safeguards under s36).