In the High Court of New Zealand, Wellington Registry
CIV-2005-485-2290
Under the Charitable Trusts Act 1957, and in the matter of an application, pursuant to Part III of that Act, for approval of a scheme of charitable trust between Sisters of Mercy (Roman Catholic Diocese of Auckland) Trust;
And—The Sisters of Mercy (Wellington) Trust Board;
And—Sisters of Mercy (Diocese of Christchurch) Trust Board;
And—Sisters of Mercy (Diocese of Dunedin) Trust Board;
And—Franciscan Missionaries of the Divine Motherhood (Hamilton) Trust Board;
And—Mercy House Trust;
And—McAuley Trust—Applicants:
Notice is hereby given that an application has been brought by the above-named applicants which are the trustees of the various charitable trusts named above.
The trustees are seeking the approval of the Court to be given to a scheme, under Part III of the Charitable Trusts Act 1957, providing for disposal of the trust property for other charitable purposes, namely:
1. The purpose of the scheme is to provide for the amalgamation of the applicants into one amalgamated trust called the McAuley Trust on the basis that no consideration pass between the applicants.
2. The trust deed relating to the McAuley Trust is set out in the Second Schedule to the affidavit filed in the High Court on behalf of the applicants.
3. In order to give effect to the amalgamation, the approval of and orders of the Court are sought
as follows:
(a) The approval by the Court of the amalgamation
of the applicant trusts into one amalgamated
trust, namely the seventh-named applicant, the McAuley Trust, which empowers the trustees to hold property for the purposes of the religious, educational and charitable work carried on by
a single congregation covering the whole of
New Zealand and for any other purposes
which are charitable according to the law of
New Zealand and otherwise on the trusts set out in the trust deed for the McAuley Trust.
(b) An order that the amalgamated trust, namely
the McAuley Trust, succeed to all the property (meaning property of every kind whether
tangible or intangible, real or personal, corporeal or incorporeal and including rights, interests
and claims of every kind in relation to property however they arise and any estate or interest
in any real or personal property, and any thing in action), rights, interests, powers, privileges, trusts, contracts, engagements and authorities of each of the seven applicants.
(c) An order that any bequest or gift to any of the six first-named applicants take effect as a bequest or gift to the amalgamated trust.
(d) An order that the amalgamated trust succeed to
all the debts and liabilities and obligations of each of the applicants.
(e) An order that actions, arbitrations and proceedings pending by, or against, each of the applicants may be continued by, or against, the amalgamated trust.
(f) An order that a conviction, ruling, order or judgment in favour of, or against, an applicant may be enforced by, or against, the amalgamated trust.
(g) An order that the effect of this amalgamation and succession shall be a settlement by the applicants on the amalgamated trust for the purposes of the Goods and Services Tax Act 1985.
4. The orders providing for the amalgamation of the applicant trust boards shall, where any property is held on a register, be given effect by registration of
a transmission to the amalgamated trust board, the McAuley Trust.
5. Following the amalgamation, all of the applicants other than the McAuley Trust shall be removed
from the Register of Incorporated Societies.
The date proposed for the hearing of the application by the High Court at Wellington is Monday, the 12th day of December 2005 at 10.00 a.m.
Any person desiring to oppose the scheme should give written notice of his or her intention to do so to the Registrar of the High Court at Wellington and to the trustees, Sisters of Mercy, care of O’Regan Arndt Peters & Evans, Solicitors, 142 Lambton Quay (P.O. Box 5176), Wellington, or by facsimile to (04) 473 0022 and/or to the Attorney General, care of the Crown Law Office, Level Ten, Unisys House,
56 The Terrace (P.O. Box 5012), Wellington, or by facsimile to (04) 499 5804.
Such notice must be given not less than seven clear days before the date of hearing.
Dated at Wellington this 9th day of November 2005.
V. H. PETERS, Solicitor for the Applicants.