Notice Type
Charitable Trusts
Notice Title

Will of the Late Charles Frederick Bennett

Notice of Application for Approval of a Scheme Varying the Terms of a Will
Pursuant to Part III of the Charitable Trusts Act 1957
Notice is hereby given that The New Zealand Guardian Trust Company Limited (formerly The New Zealand Insurance Company Limited), as current trustee ("the trustee") of the will of Charles Frederick Bennett, deceased real estate agent, late of Auckland, has filed in
the High Court at Auckland an application for approval of
a scheme varying the terms of the will of the said Charles Frederick Bennett.
Under the will a perpetual annual bursary is established,
the income from which is payable to the "most efficient
and practical child being an inmate of any orphanage in
the Auckland Education District as now represented by the Auckland Orphanages United Council".
The will further provides for the bursary to be paid by a "committee consisting of the Chief Inspector for the time being of schools in the Auckland Education District the present for the time being of the Auckland Orphanages United Council and my trustee".
As orphanages, the Auckland Orphanages United Council, Auckland Education District and the Chief Inspector of Schools no longer exist, so the terms of the bursary award now require redefinition.
Accordingly, the trustee proposes to apply to the High Court for approval of a scheme under the Charitable Trusts Act 1957 whereby:
(a) Accumulated interest to date is capitalised.
(b) One or more bursary is to be paid, after advice from an advisory committee comprising representatives from the trustee, Childrens Homes United Council Inc and the relevant Government Department (currently the Education Review Office), to the guardian of each child or to the authority controlling the institution where that child lives with recipients being required to be without living natural parents or not living with or supported by a natural parent who is attending an intermediate or secondary school in the Auckland region, being south of Warkworth but north of Port Waikato including the islands of the Hauraki Gulf, but excluding the Coromandel Peninsula.
(c) The trustee possesses the power to vary the trust deed provided that the charitable purposes not be varied.
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 office of the trustee, 48 Shortland Street, Auckland.
The application has been set down for hearing in the
High Court at Auckland on the 11th day of August 2003 at 10.00 a.m.
Any person desiring to oppose the scheme is required to give notice of his or her intention to do so to:
(a) the Registrar of the High Court at Auckland; and
(b) the trustee, at Auckland; and
(c) the Attorney-General
not less than seven clear days before the above-mentioned date for hearing.
J. T. BURLEY, Counsel for the Applicant.