Notice Type
Charitable Trusts
Notice of Application for Approval of a Scheme Under Part III of the Charitable Trusts Act 1957 In the High Court of New Zealand, Wellington Registry M. No. 187/98 In the matter of the Charitable Trusts Act 1957, and in the matter of the will of Elizabeth Forrester, married woman of Oamaru (deceased), and in the matter of an application by Perpetual Trust Limited for approval of a scheme: Notice is hereby given that Perpetual Trust Limited as trustee of the charitable trust under clause 9 (a) of the will of Elizabeth Forrester, married woman of Oamaru (deceased), which was consolidated and amended by an order of the High Court made on the 13th day of December 1991, has prepared a scheme under Part III of the Charitable Trusts Act 1957. The scheme provides that in lieu of the trusts and provisions set out in the order of the Court dated on the 13th day of December 1991, the assets now representing the 20 parts of the residuary estate of the deceased passing under clause 9 (a) of her will (called the ``trust fund'') shall be held upon and subject to the following trusts and provisions: (a) Subject to subparagraphs (b) and (c), upon trust to apply the income of the trust fund in providing holidays for women of any age who are in straitened circumstances and are or have been mothers of children or are expectant mothers and have at any time resided for a period of not less than 2 years in the Waitaki District; (b) Subject to subparagraph (c), upon trust to apply so much as the trustee thinks fit of the income of the trust fund as has not been expended in any accounting period pursuant to subparagraph (a) in, for, or towards the relief of poverty, distress and hardship among women of any age who are or have been mothers of children or are expectant mothers for the time being resident in the Waitaki District and, without limiting the generality of the foregoing, for the provision of health care and health care facilities for them; (c) The trustee shall not be bound to expend the whole of the income of the trust fund in any one accounting period and may at its discretion retain (and invest) the whole or any part of such income and apply the same or any part thereof towards the creation or augmentation of a reserve fund. The trustee may at any subsequent time or times apply the whole or any part of any income so retained or the whole or any part of the reserve fund in, for, or towards any of the charitable purposes specified in this scheme; (d) There shall be associated with the trustee in the administration of the trust fund a committee comprising: (i) the mayor for the time being of The Waitaki District Council or of any body corporate established in place of The Waitaki District Council; (ii) the president for the time being of the North Otago Womens Club Incorporated; (iii) a person from Oamaru Hospital who may be described either by name or by office from time to time nominated by the chief executive of Healthcare Otago Limited or of any body corporate established in place of Healthcare Otago Limited to have control of Oamaru Hospital; (iv) a representative from time to time nominated by the Oamaru Ministers Association; (v) the chairman for the time being of the North Otago Council of Social Services; should any of these offices cease to exist, the trustee may (after consulting the remaining member or members of the committee) appoint some other suitable person or persons as members of the committee; the trustee may from time to time (after consulting the existing members of the committee) appoint a suitable person in place of any member who is unwilling or unable to act, and may also (subject to consultation as above) appoint 1 or more additional members of the committee; the committee shall meet quarterly or at such other intervals as may be deemed necessary by the members of it, and the committee shall formulate its own rules for the times and places of meetings, conduct of meetings, and any business to be conducted at meetings. (e) For the purposes of this scheme, the ``Waitaki District'' means the district which at the date of an order approving this scheme is administered by The Waitaki District Council; and (f) The costs and disbursements of the trustee and of Her Majesty's Attorney-General of and incidental to the preparation of this scheme and its submission to the Court shall be paid out of the trust fund or the income of the trust fund. The application for approval of the scheme is to be heard in the High Court at Wellington on the 17th day of June 1998 at 10.00 a.m. Any person desiring to oppose the scheme is required to give written notice of his intention to do so to: (1) The Registrar of the High Court at Wellington; and (2) The trustee; and (3) Her Majesty's Attorney-General not less than 7 clear days before the said 17th day of June 1998. The Address for Service of the Trustee is at the Offices of: Perpetual Trust Limited, Eighth Floor, 187195 Featherston Street, Wellington.
Publication Date
14 May 1998

Notice Number

1998-ct3186

Page Number

1524