Notice of Application for Approval of a Scheme
Pursuant to Part 3 of the Charitable Trusts Act 1957
Notice is given that the PA EDMISTON TRUST BOARD ("Board"), created by deed dated the 18th day of March 1958 ("Trust Deed"), has applied to the High Court at Auckland, under Part 3 of the Charitable Trusts Act 1957, for approval of a scheme, whereby the Trust Deed is to be varied as follows:
1. By altering the composition of the Board to not less than five and not more than nine members, of whom:
(a) up to five members may be appointed by The New Zealand Guardian Trust Company Limited in consultation with the Board; and
(b) up to four members may be appointed by the Board as it may decide by a 75% majority, provided that for so long as Peter Buttle or a successor of his remains a member of the Board, the Board may only appoint up to three members of the Board as it may decide by a 75% majority.
In the event that Peter Buttle or any of his successors fail to appoint any person to fill a vacancy, then the Board may appoint such person as it may decide by
a 75% majority;
2. by extending and varying the powers of the Board; and
3. by amending the rules relating to the conduct of the Trust’s business and the operations of the Board.
The application is to be heard before the High Court at Auckland on 11 October 2010 at 10.00am.
Any person wishing to oppose the scheme must give written notice of his or her intention to do so to the Registrar of the High Court at Auckland, to the PA EDMISTON TRUST BOARD, c/o Mayne Wetherell, 151 Queen Street, Auckland (Attention: A. Markstein), and to the Attorney-General,
care of the Crown Law Office, Level 10, Unisys House,
56 The Terrace, Wellington, not less than seven days prior to the hearing.
A. L. MARKSTEIN, Counsel for the Applicant.