Notice Type
Charitable Trusts
Notice Title


Advertisement of Application for Approval of a Scheme to Vary Trust Deed

Pursuant to Section 36 of the Charitable Trusts Act 1957

Take notice that on 24 February 2016, the trustee of the SUZANNE DUNCAN EDUCATIONAL TRUST (“trust”) filed an application in the High Court at Wellington for approval of a scheme varying the terms of the trust.

The proposed variation is the addition of the following term:

“In any financial year (commencing with the year ending 31 December 2016), if the Saint James (Anglican) Church Lower Hutt Parish Trust Board (“Board”) decides that the income of the SUZANNE DUNCAN EDUCATIONAL TRUST (“SDET”) fund is not enough to provide adequately for the charitable purposes of the SDET, the Board shall be empowered to apply up to five percent of the capital of the SDET fund (calculated by reference to the balance of the capital of the fund shown in the audited accounts of the SDET for the then-preceding financial year) to the objects of the SDET. From the date on which this clause takes effect, clause 8(b) of the Trust Deed no longer applies.”

The application is to be heard before the High Court at Wellington on 18 April 2016 at 10.00am.

Any person desiring to oppose the variation must give written notice of intention to do so not less than seven clear days before the hearing date to:

  1. the Registrar of the High Court at Wellington;
  2. the Attorney-General, c/o Crown Law Office, PO Box 2858, Wellington 6140 (attention: Thomas Westaway); and
  3. the trustee, c/o Johnston Lawrence Limited, PO Box 1213, Wellington 6140 (attention: Lisa McKeown).

Further information may be obtained from the trustee’s solicitor, Johnston Lawrence Limited, at the above address or by email to