Notice Type
Charitable Trusts
Notice Title

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

Pursuant to the Charitable Trusts Act 1957

Notice is hereby given that on 29 June 2016 at 9.30am, or as soon thereafter as counsel may be heard, the Samoan Assembly of God Church Hamilton Trust Board (“applicant”) will move the Court at Hamilton for orders to dispose of property for another charitable purpose, and to extend the powers of the trustees and costs as the Court sees fit.

The scheme, if approved, will:

  1. vary clause (1) of the deed of trust permitting the trust property to be used by the members of the Samoan Assembly of God (Hamilton) who observe the articles of faith as set forth in the Constitution of the Samoan Assemblies of God in New Zealand Incorporated (“Church”);
  2. extend the trustees’ powers by allowing them to alter, vary, add or amend any administrative provision of the declaration of trust, provided that the purpose or exclusively charitable nature of the trust is not altered, varied or amended, and that a resolution is passed by two thirds of the trust board; and
  3. amend clause (9) of the deed of trust so that if the Samoan Assembly of God (Hamilton) ceases to function the trust property will revert to the General Council of the Church.

A copy of the scheme and a copy of the Attorney-General’s report on the scheme may be inspected at the High Court at Hamilton, or at the offices of the solicitors named below, without payment of any fee. Any person desiring to oppose the scheme must, not less than seven clear days before the date of the hearing, give written notice of his/her intention to do so to the Registrar of the High Court at Hamilton, to the Attorney-General at Wellington, and to the trustees through their solicitors at the address below.

OLINDA WOODROFFE, Partner, Woodroffe Lawyers.

The Applicants’ Address for Service is at the Offices of Their Solicitors: Woodroffe Lawyers, Unit 1F/9, Upper Queen Street, Auckland 1010.