Notice of Application by the Trustees for Approval
of a Scheme
Pursuant to the Charitable Trusts Act 1957
Take notice that on the 9th day of June 2006, a notice
of application for approval of a scheme, pursuant to the Charitable Trusts Act 1957, was filed in the High Court at Auckland.
The application is to be heard before the High Court at Auckland on the 6th day of September 2006 at 10.00 a.m.
The particulars of the proposed scheme are:
1. The Merton Trust was established by the will of
C. O. Merton, who died on the 10th day of February 1991. The testator directed that one-third of his residual estate was to be applied to the establishment of a trust fund to be known as The Merton Trust. Consistently with the terms of the will, a trust deed was signed on the 3rd day of March 1994 to carry out the objects.
2. The Merton Trust’s objects are to:
2.1 Provide for the use and care and playing of a cello known as the Merton Cello.
2.2 Promote the learning, encouragement and performance of music of a classical or light
classical nature, including instrumental, vocal, choral, opera and light opera in and about the district of Papakura.
3. The trustees have carried out the objects of The Merton Trust since its inception, but have latterly encountered difficulties, which have promoted this application for variation of the terms of the trust deed.
4. The trustees seek the approval of the scheme to
vary The Merton Trust as follows:
4.1 Permit them to sell the Merton Cello.
4.2 Amend The Merton Trust’s purposes to add “musicals and musical theatre” to the kind of musical performance that may be funded by
The Merton Trust.
4.3 Clarify the boundaries of the Papakura area in which The Merton Trust’s objects are carried out.
Any person desiring to oppose the scheme shall, not less than seven clear days before the date proposed for the hearing of the application by the Court, give written notice of his/her intention to oppose the scheme to the Registrar and the trustees and the Attorney-General.
The applicants are the Trustees of The Merton Trust,
whose address for service is at the offices of Messrs
Inder Lynch, Solicitors, corner of East and Wood Streets (P.O. Box 72?045 or D.X. E.P. 76-504), Papakura.
Further particulars may be obtained from the office of the Court or from the applicant’s solicitor.
GREG DEAN STRINGER, Solicitor for The Merton Trust.