Application for Approval of a Scheme Under Part III of the Charitable Trusts Act 1957 (“the Act”)

Take notice that on 1 October 2015, the trustees of THE SARGOOD BEQUEST (“the trustees”) filed an application in the High Court at Dunedin for approval of a scheme under Part III of the Charitable Trusts Act 1957.

THE SARGOOD BEQUEST was created by order of the Supreme Court dated the 10th day of October 1975 which merged the Sargood Trust, created by a deed of settlement dated the 19th day of December 1939, and the Sargood Bequest, created by the will of Sir Percy Rolfe Sargood dated the 19th day of December 1939.

The scheme proposes to vary the terms of THE SARGOOD BEQUEST by making several administrative changes, including increasing the retirement age for bequest trustees, the inclusion of a resignation power for bequest trustees, the inclusion of a power of the board of Bequest Trustees (“the board”) to remove bequest trustees from office, and to alter and modernise the provisions for investment by the trustees.

In addition to the application under the Charitable Trusts Act 1957, the trustees are also seeking an order to confirm the appointments of bequest trustees under Part V of the Trustee Act 1956.

The proposed scheme has been approved by the Attorney-General, as required by the Act.

The application is to be heard before the High Court at Dunedin on 17 November 2015 at 9.30am.

Any person who wishes to oppose the application must give notice in writing of their intention to do so not less than seven days before the date of the hearing, to:

1. the Registrar of the High Court at Dunedin;
2. the board, whose address for service is 258 Stuart Street, Dunedin Central, Dunedin (Attention: A. Haig); and
3. the Attorney-General, whose address for service is the Crown Law Office, Level 3, Justice Centre, 19 Aitken Street, Thorndon, Wellington 6140 (Attention: D. Perkins).

Copies of the proposed scheme, originating application and affidavit in support may be inspected free of charge at the office of Gallaway Cook Allan, located at the corner of High and Princes Street, Dunedin. To make an appointment to view these documents, please email stephanie.judd@gallawaycookallan.co.nz or telephone (03) 474 9741.

This notice is given by:

GALLAWAY COOK ALLAN, Solicitors for THE SARGOOD BEQUEST.