Notice of Application to Vary Terms of a
In the matter of section 36 of the Charitable Trusts Act 1957, and in the matter of Te Awamutu Gracelands Trust, a body duly incorporated under the provisions of the Charitable Trusts Act 1957-Applicant:
Take notice that on the 4th day of February 2002 at
2.15 p.m. or as soon thereafter as Counsel may be heard, the applicant will move the High Court at Hamilton for an order amending the terms of the trust and its administration as follows:
1. Revoking Clause 2.2 of the trust deed of the 18th day of October 1990 as amended by the deed of the 7th day of August 1995 and inserting in its place:
"2.2 The purposes of the Trust are to support those persons who by reason of physical or intellectual impairment or mental health disorder are unable to follow a vocation, or to obtain employment, or to enjoy full quality of life, by assisting them, with the participation of their community, to become full, contributing, and valued members of that community by way of providing employment, other real work opportunities, and meaningful activities."
2. Revoking Clause 5 of the trust deed of the 18th day of October 1990 as amended by the deed of the 7th day of August 1995 and inserting in its place:
"5 The Board may by supplementel Deed executed pursuant to a resolution passed by a three quarters majority alter or add to the terms and provisions of this deed except that no such alteration or addition is to-
5.1 vary, alter or enlarge the charitable purposes specified in the Trust Deed as amended by this Order, or
5.2 detract from the exclusively charitable nature of the Trust or result in the distribution of its assets on winding up or dissolution for any purpose that is not exclusively charitable."
Upon the grounds that granting the order will facilitate the administration of the trust which is at present subject to limitations imposed by the trust deed dated the 18th day of October 1990.
Upon the further grounds that those limitations include the purposes of the trust which, as expressed in the trust deed, are to benefit those persons with intellectual or physical disabilities when the board is increasingly being called upon and is in a good position to assist persons with other disabilities and special needs not strictly to be so described.
Upon the further grounds that the trustees have the power to amend the trust deed but not the appropriate clauses which are effectively entrenched.
Finally upon the further grounds that there have been continuing difficulties with the interpretation of the trust deed because of its formless and confusing provisions which will be redrafted once the matter of what provisions are to be made unalterable is decided by the Court.
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 Hamilton, to the trustees of Te Awamutu Gracelands 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 17th day of December 2001.
SIMON BRDANOVIC, Solicitor for the Applicant.
The Address for Service of the Applicant is at the Offices of: Edmonds Judd, 15 Albert Park Drive (P.O. Box 35 or
D.X. G.A. 29-009), Te Awamutu.