In the High Court of New Zealand, Auckland Registry
M. No. 861-IM/01
In the matter of the Charitable Trusts Act 1957, and in the matter of an application by Paul Leonard Granger, electronics technician, of 11 Tait Street, Avondale, Auckland, and Peter Joseph Hill, solo father, of
104 Bassett Road, Remuera, Auckland, as trustees of the will of the late James Kendall Clarke, pursuant to
Part III of the Charitable Trusts Act 1957:
Notice is hereby given that on Monday, the 20th day of August 2001 at 10.00 a.m. or so soon thereafter, as counsel can be heard, the application of the above-named applicants for approval of a scheme prepared by them, to extend the powers of the trustees and to prescribe the mode of administration of the trust settled by the will of the late James Kendall Clarke with such modifications as the Court thinks fit, will be heard in the High Court at Auckland.
The scheme if approved will:
(1) authorise the executors and trustees of the testator's will to execute a trust deed to establish the Ken Clarke Charitable Trust, in the form of the draft deed annexed to it;
(2) authorise the executors and trustees of the testator's will to transfer to or otherwise vest in the trustees of the Ken Clarke Charitable Trust all the assets comprising the balance of the estate held by them for charitable purposes under the will;
(3) provide that assets so transferred will thereafter be held by the trustees of the Ken Clarke Charitable Trust on the trusts and with the powers, discretions and authorities in the said trust deed; and
(4) direct that all reasonable expenses of or incidental to preparing, perusing and advertising the scheme shall be paid out of and be a charge upon the balance of the testator's estate.
A copy of the scheme, and also a copy of the Attorney-General's report on the scheme, may be inspected at the High Court at Auckland, or at the offices of the solicitors named below, without payment of any fee.
Any person desiring to oppose the scheme must, not less than 7 clear days before the date of hearing, give written notice of his/her intention to do so to the Registrar of the High Court at Auckland, to the Attorney-General at Wellington, and to the applicants' solicitors at the address below.
The applicants' address for service is at the offices of their solicitors, Jackson Russell, Third Floor, KPMG Centre,
9 Princes Street, Auckland.
Dated the 15th day of June 2001.
R. K. M. HAWK, Solicitor for the Applicants.