Estate of Terence John Cunningham Notice of Application for Approval of a Scheme Under Part III of the Charitable Trusts Act 1957 M. No. 2076/99 Notice is hereby given that the New Zealand Guardian Trust Company Limited, as executor and trustee of the estate of Terence John Cunningham, late of Auckland, in New Zealand, retired garage proprietor, deceased, has filed in the office of the High Court at Auckland for approval of a scheme relating to the disposition of trust property created by the will of the late Terence John Cunningham. Under the will dated the 17th day of May 1978, one-half of the residue of the estate of Terence John Cunningham is to be held for the International Association of Co-Workers of Mother Teresa for the general purposes of the said association. The testator declared that the receipt of the secretary/treasurer or other proper officer of the Catholic Overseas Committee Christchurch shall be a full and sufficient discharge to the trustee who shall not be bound to see to the specific application of the funds. That it has become impossible or impractical or inexpedient to carry out the purpose of the trust in that the International Association for the Co-Workers of Mother Teresa has at her specific request, been abandoned as an administrative organisation or entity existing in its own right and instead Mother Teresa directed as follows: (i) That the Co-Workers of Mother Teresa were to continue to work closely with the original religious order which she had foundered namely ``the Missionaries of Charity''; (ii) That the Missionaries of Charity was to receive the funds which otherwise would have been donated to the International Co-Workers of Mother Teresa. The Catholic Overseas Committee Christchurch no longer exists as an entity, but it has been absorbed into another entity known as CARITAS Aotearoa-New Zealand, which amongst its functions includes the responsibility of managing the Catholic Church's aid and development functions. Under this scheme the New Zealand Guardian Trust Company Limited wishes to be able to hold and distribute one-half of the residue of the trust fund for the Missionaries of Charity instead of the International Association of Co-Workers of Mother Teresa. The New Zealand Guardian Trust Company Limited also proposes that the receipt of the secretary/treasurer or other responsible officer of CARITAS Aotearoa-New Zealand shall be a full and sufficient discharge to the trustee who shall not be bound to see to the specific application of the funds. Copies of the scheme and the report of the Attorney-General thereon may be inspected free of charge at the office of the Registrar of the High Court at Auckland or at the offices of the New Zealand Guardian Trust Company Limited, 105 Queen Street, Auckland. The application has been set down for hearing in the High Court at Auckland on Monday, the 6th day of March 2000 at 11.45 a.m. Any person desiring to oppose the scheme is required to give written notice of his or her intention to do so to the Registrar of the High Court at Auckland and to the New Zealand Guardian Trust Company Limited and to the Attorney-General (via the Crown Law Office, St Pauls Square, 45 Pipitea Street, Wellington (Attention: Margaret Soper) not less than 7 clear days before the above-mentioned date. Dated at Auckland this 8th day of December 1999. R. J. RONDEL, Solicitor for the Applicant. Any inquiry or notice for service on the New Zealand Guardian Trust Company Limited may be made/left at the office of the company's solicitors, Robert J. Rondel & Co., Apartment 1, Kingsbridge Apartments, 72 Wellesley Street, Auckland (P.O. Box 912, Auckland) (Attention: Mr R. J. Rondel). Telephone: (09) 309 4570. Facsimile: (09) 377 1554).