Notice of Application for Approval of a Scheme In the High Court of New Zealand, Christchurch Registry Under the Charitable Trusts Act 1957, and in the matter of certain charitable trusts declared by the will of Robert McClelland, late of Christchurch, in New Zealand, retired farmer (deceased): Notice is hereby given, pursuant to section 36 of the Charitable Trusts Act 1957 that the Public Trustee of New Zealand has applied to the High Court of New Zealand at Christchurch for approval of a scheme in respect of certain charitable trusts declared by the will of Robert McClelland, late of Christchurch, in New Zealand, retired farmer (deceased). The said will, by paragraph 6 thereof disposed of the residue of his estate, upon charitable trusts as follows: ``6. I give devise and bequeath the whole of my estate both real and personal of whatsoever nature and wheresoever situate not hereinbefore otherwise disposed of unto my trustee upon trust to pay thereout my just debts, funeral and testamentary expenses, and all estate and succession duty payable in respect of my estate and to stand possessed of the residue upon trust as follows: (a) Whereas it is my earnest desire to assist humanity in the endeavours being made to cure the ravages of cancer and to ascertain the cause or causes of this dread disease and should at any time the cause or causes of cancer be found, then to assist in the research and cure of other maladies afflicting the human race now I direct my trustee to pay the income arising from the residue of my estate for all time to the Robert McClelland Trust Board hereinafter constituted to be held by such board upon trust to pay the same to such hospital board, medical schools, sanatoria or clinics in New Zealand (each and every one of such institutions being included in the term ``institution or institutions'' (as the case may be) whenever hereinafter used) having for its or their object or objects the research into and cure of cancer and of such other maladies as aforesaid such income to be paid to the said institutions in such proportions at such times and in such manner as the board shall think fit subject to such institutions giving the board an undertaking that it will apply such income only in research into the cause and cure of cancer or of such other maladies as aforesaid. (b) Should the board consider that unsatisfactory progress has been made in New Zealand with research in or the cure of cancer then I authorise the said board for such period or periods either continuous or discontinuous as it thinks fit to pay the whole of the said income to one or more of such institutions in New Zealand (and in such proportions as the board shall think fit) whose objects or object is research into or cure of such other maladies. (c) I authorise the said board to pay but subject to the provisions of the preceding subparagraph hereof the said income or such part thereof as it thinks fit to any one or more overseas institutions having for its or their object or objects the research into and cure of cancer subject to the board obtaining from such overseas institutions undertakings that the income paid over shall be used only for the purpose of the research into or cure of cancer. (d) The Robert McClelland Trust Board hereinbefore referred to shall for the purposes of administering the income of the residue of my estate consist of the Public Trustee or his nominee, the superintendent from time to time of the North Canterbury Hospital Board and the chairman for the time being of The Ellesmere County Council. In case any person or persons holding the two last mentioned positions or either of them shall decline for any reason to act, the other members or remaining member of the said board (as the case may be) shall appoint some other person or persons to act in the place of the person or persons so declining to act. i. Every question arising before the said board shall be determined by resolution carried by a majority of the members of the board present, and voting on the question and such resolution shall be entered in a minute book to be kept by the board and shall not be questioned in any Court of law or equity. ii. The members of the board shall from time to time appoint one of their number to be chairman of the board, and may make their own rules and regulations for the conduct of their meetings and business, and may fix and determine the number of members who shall form a quorum and generally may regulate the manner of conveying their meetings and all other matters whatsoever connected with the direction of the business of the trust fund. iii. Until otherwise determined, the quorum of such board shall be two. iv. In case of any equality of votes on any question the chairman of the board shall have an ordinary and a casting vote.'' Both the Canterbury Hospital Board and The Ellesmere County Council no longer exist, having been replaced by other structures, and therefore the superintendent of that board and the chairman of that council are positions which have both become defunct. Upon those grounds, a scheme has been prepared and has been approved by the Attorney-General of New Zealand, which prescribes or varies the mode of administering that charitable trust. An order will be sought from the High Court to approve a scheme as follows: ``A. The member of the Robert McClelland Trust Board described in sub-paragraph 6 (d) of the said will as the superintendent from time to time of the North Canterbury Hospital Board, shall henceforth be the medical advisor who, in the opinion of the other two members of the Robert McClelland Trust Board, is the chief medical advisor of the health authority, enterprise or other controlling body which is from time to time in charge of the Christchurch Public Hospital or its successor in function. In the event of there being further or other restructuring of health services in Canterbury which has a consequence of there being no successor in title to such chief medical advisor or hospital, then such member may be appointed by the other two members of the Robert McClelland Trust Board, such replacement member being a person who shall in their opinion be as close as possible to the description of the original appointee as nominated by Mr McClelland in sub-paragraph 6 (d) of the said will, that is the superintendent from time to time of the North Canterbury Hospital Board. In the event of there being no member of the Robert McClelland Trust Board apart from the Public Trustee who is in existence or there being no such member apart from the Public Trustee able or willing to appoint a member of the said board, then the Public Trustee shall have sole power to appoint a replacement member of the board under this clause A. B. The member of the Robert McClelland Trust Board described in sub-paragraph 6 (d) of the said will as the chairman for the time being of The Ellersmere County Council, shall henceforth be the mayor of The Selwyn District Council or the successor in title to the mayor. In the event of there being further or other restructuring within or of The Selwyn District which have the consequences of there being no successor in title to such mayor, then such member as may be nominated by the other two members of the Robert McClelland Trust Board, such replacement member being a person who shall in their opinion be as close as possible to the description of the original appointee as nominated by Mr McClelland in sub-paragraph 6 (d) of the said will, that is, the chairman for the time being of The Ellesmere County Council. In the event of there being no member of the Robert McClelland Trust Board apart from the Public Trustee who is in existence or there being no such member apart from the Public Trustee able or willing to appoint a member of the said board, then the Public Trustee shall have sole power to appoint a replacement member of the board under this clause B. C. That ``institution'' or ``institutions'' referred to in sub-paragraph 6 (a) of the said will be redefined by deleting the words ``hospital board'' as they appear just prior to reference to the terms ``institution'' and ``institutions'' therein and substituting for the words ``hospital board'', the words ``health authorities, enterprises, hospitals.'' The application by the Public Trustee for approval of the said scheme will be heard in the High Court at Christchurch at 10 a.m. on Wednesday, 26 October 1994. A copy of the said scheme has been deposited, and may be inspected at the Registry of the High Court at Christchurch or at the offices of the Public Trust Office, 152156 Oxford Terrace, Christchurch. Any person desiring to oppose the scheme is required to give written notice of an intention to do so to the Registrar of the said Court and to the Public Trustee of New Zealand and to the Attorney-General not less than 7 clear days before the date of hearing aforesaid. THE PUBLIC TRUSTEE, Public Trust Office. 152156 Oxford Terrace, Christchurch.