Notice of Application for Approval of a Scheme
Under Part III of the Charitable Trusts Act 1957
In the High Court of New Zealand, Christchurch Registry
CIV-2008-409-3098
Notice is hereby given that the managing trustees of the Windsor House Trust, a charitable trust established by
Deed of Settlement dated the 14th day of November 1966, whereunder Elizabeth Stinson was the settlor, and registered under the Charities Act 2005 (No. CC10232), intend, on
4 March 2009 at 9.30am, to move the High Court at Christchurch for orders, pursuant to section 33 of the Charitable Trusts Act 1957, approving a scheme substituting the original Clause 3 of the Deed which provides:
“THE income of the trust premises shall in the first place be paid or applied in payment of the income commission costs and expenses of the custodian trustee properly incurred in the administration of the trusts hereof and in the second place may be paid or applied in or towards payment of the boarding and other fees payable to Windsor House Board of Governors incorporated under the Charitable Trusts Act 1957 by any person who is for the time being an inmate of Windsor House and in the third place may be paid or applied in or towards boarding and other fees payable by any person who is for the time being an inmate of any other similar institution or private home for the aged in Christchurch and for the assistance of the aged in their own homes and PROVIDED THAT if the managing trustees are satisfied that the attainment of the above mentioned three objectives is adequately safeguarded the capital [and] income of the trust premises may at the direction of the managing trustees be paid in or towards defraying the cost of extensions to the buildings at Windsor House PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED that any income not paid or applied as aforesaid shall be accumulated for such period or periods as the managing trustees may from time to time decide and such accumulations may be used or applied as current income in any year or may from time to time be capitalised by adding the same to the capital of the trust.”
with the following clause:
“THE income of the trust premises shall be paid or applied in payment of the income commission costs and expenses of the custodian trustee properly incurred in the administration of the trusts hereof and may be paid or applied in or towards:
3.1 payment of the boarding and other fees payable to Windsor House Board of Governors incorporated under the Charitable Trusts Act 1957 by any person who is for the time being an inmate of Windsor House;
3.2 boarding and other fees payable by any person who is for the time being an inmate of any other similar institution or private home for the aged in Christchurch and for the assistance of the aged
in their own homes; and/or
3.3 defraying the cost of extensions to the buildings at Windsor House;
AND, the capital of the trust premises may at the direction of the managing trustees be paid in or towards defraying the cost of extensions to the buildings at Windsor House PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED that any income not paid or applied as aforesaid shall be accumulated for such period or periods as the managing trustees may from time to time decide and such accumulations may be used or applied as current income in any year or may from time to time be capitalised by adding the same to the capital of the trust.”
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 Christchurch or at the office of the solicitor for the managing trustees.
Any person desiring to oppose the above scheme must give written notice to the Registrar of the High Court at Christchurch and the solicitor for the managing trustees
and the Attorney-General not less than seven clear days before the above-mentioned date of hearing.
The application is filed on behalf of the managing trustees by Lindsay Victor North, solicitor of Rhodes & Co,
Level 17, 119 Armagh Street, Christchurch. Telephone: (03) 365 0579.
Documents for service on the managing trustees may be left at the above-mentioned address or may be:
(a) posted to the applicants at PO Box 13444, Christchurch; or
(b) left at DX WP 21029, Christchurch; or
(c) transmitted to the applicants by facsimile on (03) 366 1715.