In the matter of section 36 of the Charitable Trusts Act 1957, and in the matter of Arohanui Hospice Service Trust, a body duly incorporated under the provisions of the Charitable Trusts Act 1957-Applicant.
Take notice that on the 30th day of March 2001 at 9.30 a.m., or as soon thereafter as counsel may be heard, the applicant will move the High Court at Palmerston North for an order amending the terms of the trust and its administration as follows:
1. Inserting into the trust deed dated on the 12th day of July 1985, the following words at the beginning of clause 5:
"Subject to Clause 5A,"
2. Adding to the trust deed, a new clause 5A worded as follows:
"5A. Each of the Palmerston North City Council and the Manawatu-Wanganui Regional Council (or their respective successors) shall have the power:
(a) To appoint 1 trustee of the trust; and
(b) To appoint a replacement trustee of the trust should the trustee appointed by that council retire or otherwise vacate his or her office."
3. Amending clause 12 of the trust deed to read as follows:
"If any of the trustees shall at any time desire to withdraw and be discharged from the trust hereof he or she may do so by notice in writing signed by himself and given to the person having the power of appointment of new trustees under either clause 5 or clause 5A hereof (as is appropriate), and upon giving notice the trustee so doing shall cease to be a trustee of the settlement to all intents and purposes except as to the acts and deeds necessary for the proper vesting of the trust property in the continuing or new trustee or trustees or otherwise as the case may require, which acts and deeds shall be done and executed at the expense of the trust fund."
Upon the grounds that such provision in the trust
deed to allow Palmerston North City Council and
Manawatu-Wanganui Regional Council to appoint trustees is necessary so as to enable the trust to accept a specified suspensory loan facility of $537,000 under the Community Trusts Assistance Scheme established by the Government of New Zealand to help community groups buy surplus facilities from Crown Health Enterprises.
A condition for receiving this facility is that the trust be representative of the local community.
A variation to the trust deed is necessary to provide for such representation as the deed itself does not contain a provision empowering the trustees to amend the deed.
Any person desiring to oppose the proposed amendments must give written notice of his or her intention to do so to the Registrar of the High Court at Palmerston North, to the trustees of Arohanui Hospice Service Trust at the address for service specified below, and to the Attorney-General at the Crown Law Office, P.O. Box 5012, Wellington, not less than 7 clear days before the said date of hearing.
Dated this 21st day of February 2001.
T. P. ROBINSON, Solicitor for the Applicant.
The Address for Service of the Applicant is at the Offices of: Buddle Findlay, Level Seventeen, State Insurance Tower,
1 Willis Street (P.O. Box 2694 or D.X. S.P. 20-201), Wellington.