Notice of Application to Seek Approval of Scheme
Pursuant to the Charitable Trusts Act 1957
Notice is hereby given that THE NATIONAL COUNCIL OF YMCAS OF NEW ZEALAND INCORPORATED ("Applicant") has made an application to the High Court at Wellington for the approval of a scheme.
The Applicant has commenced proceedings seeking approval, pursuant to the Charitable Trusts Act 1957, of a scheme for the variation of the YMCA, NEW ZEALAND SOLDIERS GREAT WAR MEMORIAL TRUST ("Trust"), a charitable trust established by a deed of trust dated 22 June 1934,
by substituting in its place the proposed new trust deed allowing for:
(a) The disposal of trust property for another charitable purpose;
(b) The replacement of the National Council as trustee of the Trust with the National Board of the National Council of Young Men's Christian Association of New Zealand ("Proposed Trustee"); and
(c) The extension and variation of the powers of the Proposed Trustee and the variation of the mode of administering the Trust.
It is proposed the new purpose of THE YMCA,
NEW ZEALAND SOLDIERS GREAT WAR MEMORIAL TRUST be changed to:
"The charitable purposes of the Original Trust Deed are hereby varied to:
Recognise the purpose of the Original Trust Deed
was to erect or purchase a Memorial Building in recognition of the work of the New Zealand branch
of the YMCA during the Great War that was suitable for the use and purposes of the YMCA. This purpose was achieved, however over time that purpose became impossible, impracticable and inexpedient, and the building was sold with the resulting proceeds held
Use the capital and income of the trust for the use and purposes of the YMCA in a manner that recognises the work of the New Zealand branch of the YMCA during the Great War in accordance with the Trustee powers set out in clause 6 hereof. However, should it become possible, practicable and expedient for the purpose of the Original Trust Deed to be fulfilled,
the Trustees may endeavour to realise this purpose."
The date set down for the hearing of the application is
24 September 2013 at 10.00am at the High Court at Wellington.
Any person desiring to oppose the application is required to give notice of their intention to do so to:
(a) The Registrar of the High Court at Wellington;
(b) The Applicant, whose address for service is c/o Duncan Cotterill, PO Box 10376, The Terrace, Wellington 6143 (Attention: Jonathan Scragg); and
(c) The Attorney-General, whose address for service
is the Crown Law Office, Justice Centre, 19 Aitken Street, Wellington (Attention: Peter Gunn)
not fewer than seven clear days before the above-mentioned date for hearing.
This notice is given by:
JONATHAN SCRAGG, of Duncan Cotterill, Solicitors
for the Applicant, The National Council of YMCAs of
New Zealand Incorporated.