In the High Court of New Zealand, Wellington Registry
C.P. No. 76/01
In the matter of the Charitable Trusts Act 1957, and in the matter of the estate of Kenneth Arnold North, retired principal, late of Palmerston North, and in the matter of The Foundation Endowment created under his will
of the 23rd day of April 1986, and the applicant, the
Public Trustee at Wellington (as trustee):
Take notice that:
1. The Public Trustee, as the executor of the late Kenneth Arnold North and trustee of The Foundation Endowment created under his last will, has applied to the High Court of New Zealand at Wellington under C.P. No. 76/01 for approval for a scheme of reconstruction of The Foundation Endowment.
2. The date for the hearing in the High Court at Wellington is Tuesday, the 15th day of May 2001 at 10.00 a.m.
3. If any person wishes to oppose the scheme of reconstruction they must, by Tuesday, the 8th day of May 2001, give written notice of their intention to do so to:
(a) The Registrar of the High Court of New Zealand at Wellington;
(b) The Public Trustee, care of Rex Da Vanzo, Senior Solicitor, Public Trust Legal Services, 9 Margaret Street (P.O. Box 31-543), Lower Hutt;
(c) The Attorney-General, care of the Crown Law Office, P.O. Box 5012, Wellington.
4. The particulars of the scheme are:
(a) The will created "The Foundation Endowment" for payment of income in perpetuity to the controlling authority of the Teachers College at Palmerston North. The controlling authority is then to pay or apply the income for such charitable educational purposes as a named committee directs.
(b) That committee was to consist of the following persons:
(1) The principal for the time being of Palmerston North Teachers College.
(2) The vice principal for the time being of Palmerston North Teachers College.
(3) Should either or both of the principal and vice principal of Palmerston North Teachers College be a woman, then the dean for the time being of Palmerston North Teachers College.
(4) Should neither the principal nor vice principal of Palmerston North Training College be a woman then they were to nominate a senior woman to make up the committee so it would always include at least 1 woman.
(c) An intention was expressed that The Foundation Endowment be used to provide financial assistance for 1 or more of the students or former students of Palmerston North Teachers College in undertaking a course of study or training in
New Zealand or elsewhere which, in the opinion of the committee, will better equip the person taking it as a teacher.
(d) The Palmerston North College of Education has now been disestablished and incorporated in Massey University. That means that there is now:
- No controlling authority of the Palmerston North Teachers College (or Palmerston North College of Education); and
- No principal or vice principal of such college.
(e) New scheme proposed is that:
(i) The Foundation Endowment be renamed the K A North Scholarship Fund.
(ii) The trustee be authorised to pay the income from the K A North Scholarship Fund in perpetuity to the controlling authority of Massey University.
(iii) That the committee consist of the following persons:
(1) The pro vice-chancellor of the Massey University College of Education;
(2) The director of teacher education of the Massey University College of Education;
(3) The director of the graduate school of education of the Massey University College of Education.
Provided that:
(4) In the event that:
(a) none of the persons in (1), (2) and (3) are women, the committee must nominate a senior woman as an additional member; and
(b) all of the persons in (1), (2) and (3) are women, the committee must nominate a senior male as an additional member; and
such that the committee must always include at least 1 woman and 1 male.
(5) Should the position of any of the persons in (1), (2) or (3) be disestablished or the title changed, the committee (or the surviving members of such committee) must designate the office bearer whose position is the nearest equivalent to fill that position on the committee.
(iv) That the intention be to use the income to provide financial assistance for 1 or more of the students of former students of the Massey University College of Education (or successor body) in undertaking a course of study or training in New Zealand or elsewhere which in the opinion of the committee will better equip the person taking it as a teacher.
(v) Should Massey University merge with any other university or college, then the K A North Scholarship Fund is to continue with the income being paid to the controlling authority of such amalgamated college and with the committee comprising the nearest equivalent office bearers to those set out in (e) (iii) (1) to (5) above.
This notice is given by the Public Trustee at Wellington.