Notice Type
Charitable Trusts
Advertisement of Order Approving Scheme M. No. 26/92 In the High Court of New Zealand, Christchurch Registry Under the Charitable Trusts Act 1957, and in the matter of a trust fund held by The University of Canterbury, pursuant to the terms of the will of the late Ethel Susan Jones, deceased, between The University of Canterbury, a body corporate under the provisions of the University of Canterbury Act 1961 Plaintiff: And Her Majesty's Attorney General for New Zealand Defendant: Notice is hereby given, pursuant to section 54 of the Charitable Trusts Act 1957, that the scheme advertised in the New Zealand Gazette on the 12th day of February 1992, has been approved in terms of the following order made in the High Court of New Zealand at Christchurch on the 20th day of March 1992. Upon reading the statement of claim, the statement of facts, submissions and scheme for extension of powers and alteration of modes of administration of trust, the report of the Attorney-General, the affidavit of Edward Nicholas Bracey and upon hearing Mr A. C. Hughes-Johnson of counsel on behalf of the plaintiff this Court orders that the scheme be hereby approved and that the terms of the trust imposed by the will be varied as follows so as to omit from the said trust commencing with the words . . . . . . ``Upon trust to pay, utilise and apply in perpetuity the nett annual income arising from the trust monies as the nucleus of a fund (which may be added to by other persons or by the said college) . . . . . .'' and ending with the words . . . . . . ``and awarding of the said travelling scholarship (not being inconsistent with the conditions aforesaid) shall be determined by the council for the time being of the said college.'' and to include the following words in substitution therefore . . . . . . ``Upon trust to pay, utilise and apply in perpetuity the net annual income arising from the trust monies as the nucleus of a fund (which may be added to by other persons or by the University of Canterbury being the successor of Canterbury University College) or as part of any already existing fund for the establishment of a travelling scholarship for students of the School of Fine Arts of the said university such scholarship to be awarded upon the following conditions: (i) The purpose of the scholarship, to be known as the Ethel Susan Jones Travelling Scholarship, shall be to assist students of the School of Fine Arts to further their studies by visiting other countries. (ii) The scholarship is not to be tenable within New Zealand. (iii) The scholarship shall be offered as funds permit and more than 1 scholarship may be offered in any year. (iv) Any student of the School of Fine Arts who has satisfactorily completed at least 1 terms study at the said school in a studio course shall be eligible for the scholarship. (v) An applicant for the scholarship shall: (a) Be a student at the School of Fine Arts who has achieved excellence in studio courses especially in original composition. (b) Submit a detailed study proposal together with an account of how the proposal relates to previous studio achievements and how it is likely to benefit the applicant in the future. (vi) The award of the scholarship will be based on the achievements of applicants in original composition and the suitability of the study proposal. I direct that no age limit shall be imposed as a condition of the awarding of the said travelling scholarship and that all other matters relating to the terms, conditions and awarding of the said travelling scholarship (not being inconsistent with the conditions aforesaid) shall be determined by the Council of The University of Canterbury.''
Publication Date
14 Apr 1994

Notice Number

1994-ct2692

Page Number

1329