In the High Court of New Zealand, New Plymouth Registry
In the matter of Part II of the Charitable Trusts Act
1957, and in the matter of the The Sir Victor
Davies Foundation for Research into Ornamental Horticulture:
Notice is given that The Sir Victor Davies Foundation for Research into Ornamental Horticulture (“the foundation”), a charitable trust created by deed dated the 18th day
of November 1977, has applied to the High Court at
New Plymouth for approval to a scheme, under the Charitable Trusts Act 1957, whereby certain terms of the deed creating the foundation are varied as follows:
1. By confirming the following persons as trustees of the foundation:
Neville Victor Davies;
Peter Archdale Taylor;
Ian Alexander Duncalf;
Ian James Warrington; and
Alan Dean Jellyman.
2. By changing the entities entitled to appoint trustees of the foundation as follows:
(a) one trustee to be appointed by the New Zealand Garden Industry Association Incorporated;
(b) one trustee to be appointed by Massey University;
(c) one trustee to be appointed by the Pukeiti Rhododendron Trust Incorporated; and
(d) no more than two trustees appointed by the existing trustees.
3. By removing the limit on the term a trustee can serve.
4. By inserting provisions to ensure the continuity of trustees.
5. By requiring the trustees to invest and manage the funds held by the foundation in accordance with Part II of the Trustee Act 1956.
6. By prohibiting the trustees from borrowing.
The application will be heard by the High Court at
New Plymouth on the 5th day of May 2006 at 10.00 a.m.
The application and accompanying documents can be inspected upon request at the Courthouse, Robe Street,
New Plymouth (telephone (06) 968 6500), or at the offices of Nicholsons, lawyers for the applicant, 131 Powderham Street, New Plymouth (telephone (06) 757 5609).
Any person desiring to oppose the scheme must give written notice of his or her intention to do so to the Registrar of the High Court at New Plymouth and the trustees of the scheme and the Attorney General not less than seven days before the above mentioned date of hearing.