Take notice that the St John of God Health and Elder Care Services Trust Board has applied to the High Court at Napier for approval of a proposed scheme (as set out below) for disposition of the trusts of the will of Shaun Vincent Higgins, who died on 12 August 1989, under the Charitable Trusts Act 1957.
Summary of Scheme for the Execution of the Trusts of the Will of Shaun Vincent Higgins
1. A trust be created within the existing Hospitaller Brothers of St John of God Aotearoa Society to replace the charitable trust of St John of God Health and Elder Care Services Trust Board to be known as The Higgins Bequest Trust in order to ensure that the trusts of the will of Shaun Vincent Higgins (deceased) do not fail.
2. The settlor of The Higgins Bequest Trust to be St John of God Health and Elder Care Services Trust Board.
3. The proposed charitable trustees to consist of not less than five, nor more than 12 members, each appointed by the settlor.
4. The principal of The Higgins Bequest be invested
with the accrued income to be distributed on an annual basis by the trustees of The Higgins Bequest Trust.
5. The charitable objectives and purposes to include:
(a) Alignment in so far as possible with the original charitable purpose of the trust under the will of the late Shaun Vincent Higgins.
(b) The provision of funds for the spiritual, pastoral, emotional and social needs of elderly persons in the Hawke’s Bay area.
(c) The provision of funds for the development, maintenance and implementation of services for
the health care of the elderly in Hawke’s Bay
where services are either unmet or at risk of not being able to be sustained. Such services to include
but not be limited to community services, hospital care – residential care including rehabilitation, psycho geriatric services and pastoral care.
(d) The provision of funds for the charitable care or support of all elderly persons in the Hawke’s Bay area, including without limitation the provision of:
(i) funding in the form of grants or remuneration for those persons working with elderly persons;
(ii) funding in the form of scholarships for particular identified elderly needs;
(iii) funding for recreation, events and social amenities for elderly persons and the coordination of elderly services;
(iv) funding for the coordination of services for the elderly;
(v) information and advice about elder persons whether to elderly persons or members of the public generally;
(vi) funding for the maintenance or provision of equipment to assist the mobility and function
of the elderly; and
(vii) funding for any other such related needs.
(e) Failing the above, for the furtherance of the
interests of elderly persons in the Hawke’s Bay
area (generally and individually) as the board of trustees shall in its absolute discretion see fit.
(f) Failing all of the above, for the furtherance of
the interests of elderly persons in New Zealand (generally and individually) as the board of trustees shall in its absolute discretion see fit.
6. The board of trustees to appoint a committee known as “The Higgins Bequest Committee” (“committee”).
7. The committee is to consist of not less than three nor more than five persons, whether trustees or not, each appointed by the Hospitaller Brothers of St John of God Aotearoa Society Trust Board in consultation with the Brother Provincial of the religious Institute of Hospitaller Brothers of St John of God (“institute”).
8. The members of the committee to be as follows:
(a) One member of the committee shall be a member of the institute or the institute’s nominee.
(b) Such other members appointed shall be skilled and experienced in elder care services and comprise members of the Hawke’s Bay community.
(c) Such other member or members as the board may need to appoint to supplement membership of the committee when numbers of members would otherwise (for any reason) be less than three.
9. The committee to consider applications and provide recommendations to the board for distribution of the accrued income, on an annual basis, upon application
to the trust for the furtherance of the purposes and objectives of the trust.
10. At all times, the recommendations of the committee shall be presented to the board of trustees for a decision of
the board.
The High Court at Napier has proposed to hear the application on 2 October 2007 at 9.30am.
Any person desirous of opposing the scheme must give written notice of his or her intention to do so to:
(a) the Registrar of the High Court at Napier;
(b) the trustees of The St John of God Health and Elder Care Services Trust Board, c/o Saunders Robinson, Level 4, 227 Cambridge Terrace (PO Box 39), Christchurch (Attention: L. M. C. Robinson); and
(c) the Attorney-General, c/o Crown Law Office, PO Box 2858, Wellington
not less than seven clear days before the date of the proposed hearing of the application for orders.