Notice of Application for Approval of a Scheme Under Part III of the Charitable Trusts Act 1957
Notice is hereby given that the trustees of the Grand Lodge of Antient Free and Accepted Masons of New Zealand, in their capacity as trustees of the Potter Masonic Trust, have filed an application, under sections 32 and 33 of the Charitable Trusts Act 1957, to vary the charitable purposes and mode of administration of the trust in accordance with the following scheme:
1. The trustees shall hold the assets of the trust fund comprising all lands, investments and moneys (hereinafter referred to as “the Trust Fund”) exclusively in, for or towards any charitable purpose or purposes promoting the education, health, welfare, wellbeing, recreation and benefit of any child or children residing or located within the northernmost part of New Zealand bounded to the south by a straight line from the southern extremity of Gisborne on the East Coast to Tokaanu south of Lake Taupo and thence to Mt Messenger on the West Coast as the trustees in their absolute discretion shall determine.
2. The trustees shall, in the administration, management and in the investment of the Trust Fund, and in exercising their discretion to achieve the objects and purposes of the trust, have all the rights, powers and privileges of a natural person and, subject to the provision of this scheme of variation, may deal with the Trust Fund as if the trustees were beneficially entitled to it, and may exercise all or any of the following powers, discretions and functions in addition to all other powers conferred by law:
(a) Vary the trust by providing such additional or supplementary powers as may be considered necessary or desirable for the proper administration thereof, providing however, that no alteration or variation shall be made to the objects or purposes of the trust or be inconsistent with the charitable nature and purpose of the trust;
(b) notwithstanding anything herein contained or implied, no power or reservation, expressed or implied, in this scheme of variation shall authorise the trustees to do or suffer any act which does not further the charitable purposes of the trust and the declaration of the charitable objects and purposes in this scheme shall at all times be paramount so as to exclude any act or omission which is or may be deemed to be not in accordance with such objects or purposes.
3. The trustees shall have regard to any advice, recommendation or counsel offered to them by the Board of Benevolence of the Grand Lodge of Antient Free and Accepted Masons of New Zealand provided always the exercise of every power, discretion and function vested in the trustees shall be absolute and uncontrolled.
4. The provisions hereof, including the reconstituted terms of trust and prescription for their administration, shall be given effect as being in substitution for all previous deeds, trust and schemes herein, to the intent that the said provisions shall entirely replace all previous provisions.
Copies of the scheme and the report of the Deputy
Solicitor-General (in exercise of the functions of the Attorney-General under section 9A of the Constitution Act 1986) may be inspected, free of charge, at the office of the Registrar of the High Court at Auckland or at the offices of Macalister Mazengarb, Solicitors, Laptop House, 23 Waring Taylor Street, Wellington, solicitors for the trustees.
The application has been set down for hearing in the High Court at Auckland on Wednesday, 11 June 2008 at 10.00am.
Any person desiring to oppose the scheme is required to give notice of his or her intention to do so to the Registrar of the High Court at Auckland and to the solicitors for the trustees, and the Attorney-General not less than seven clear days before the above-mentioned date.
T. M. PIVAC, Solicitor for the Applicant.