Notice Type
Charitable Trusts
The Bowen Hospital Trust Board Notice of Application for Approval of a Scheme Application to extend and vary the powers of the trustees of The Bowen Hospital Trust Board, a trust board under the Charitable Trusts Act 1957, established by deed of trust dated the 17th day of March 1964, and to vary the mode of administering the trust and the terms of the said deed. The Bowen Hospital Trust Board (first applicant) and Bowen Hospital Limited (second applicant) give notice that on the 7th day of December 1998 at 10.00 a.m. they will move the High Court at Wellington for orders under section 64 of the Trustee Act 1956 and Part III of the Charitable Trusts Act 1957, approving a scheme to extend and vary the powers of the trustees and to vary the mode of administering the Bowen Hospital Trust, and varying the terms of the deed of trust accordingly. Schedule 1. It is proposed to delete the existing clause 4 of the deed of trust dated the 17th day of March 1964 constituting the Bowen Hospital Trust, and to substitute the following: ``The trustees shall (subject as hereinafter provided) stand possessed of the said chattels, plant, equipment and assets and the benefit of the said tenancy and of all other property real and personal of whatsoever account and wheresoever situated which may hereafter be acquired by or vested in the trustees in pursuance of the trusts hereof or otherwise become subject to the trusts hereby declared (all hereinafter referred to as and included in the term ``the trust property'') upon trust (subject as hereinafter provided) for the purposes of a private hospital primarily intended for the reception of paying patients but with the right of the trustees to receive a limited number of non paying patients and subject to the powers authorities and discretions hereinafter contained and in particular (without limiting the generality of the above) for the purposes of the hospital business at present conducted on the land of the trustees or any other hospital or related business conducted by the trustees or by any company in which the trustees hold shares or by any other entity in which the trustees have an interest.'' 2. It is proposed to add a clause 6 (y) to the deed as follows: ``(y) To guarantee the liabilities or obligations of any other person or corporation, and to give security in support of such guarantee.'' 3. It is proposed to vary clause 12 of the deed by deleting the words ``(u) and (x)'' and substituting ``(u) (x) and (y)''. 4. It is proposed that the company will issue 30 B shares to medical practitioners or entities associated with them. The effect of this will be that the first applicant will hold half the shares in the company, which will carry on the hospital medical and surgical business previously carried on directly by the first applicant. The remaining shares, namely the B shares, will be held by medical practitioners or entities associated with them. Any person desiring to oppose the scheme is required to give written notice of that intention to the Registrar of the High Court, the applicants and the Attorney-General not less than 7 clear days before the 7th day of December 1998. J. R. PARKER, Solicitor for the Applicants.
Publication Date
1 Oct 1998

Notice Number

1998-ct6877

Page Number

3928