Advertisement of Application for Approval of a Scheme to Vary Trust

Pursuant to the Charitable Trusts Act 1957

Take notice that on 25 May 2018, the University of Canterbury (“University”) filed an application in the High Court at Christchurch for approval of a scheme varying the terms of a trust fund held by the University pursuant to the will of the late John Angus Erskine, deceased (“Trust”).

The scheme proposes variation of the Trust as follows:

1. To delete the existing reference to Faculties of Science, Engineering and Commerce, and the subject of Economics, being those words as varied in 1986, and to replace them with the words which accommodate the restructuring of Faculties at the University.
2. To delete the words “for the purpose of giving lectures in such subjects” and to replace them with the words “for the purpose of giving lectures in and teaching such subjects”.
3. To delete the existing references to “paying the fares and reasonable travelling expenses” in relation to Visiting Erskine Fellows and replace them with the words “to pay for the airfare and, if thought appropriate, a companion airfare, together with other reasonable travelling expenses and per diems as determined by the University”.
4. To authorise administration costs associated with the operation and management of the Erskine Programme to be met from the Erskine Trust Funds as follows:
   1. The Erskine Trust Funds to contribute up to 50% of actual annual salary costs incurred by the University for employees directly involved in the administration and management of the Erskine Programme with the University bearing the balance.
   2. The Erskine Trust Funds to contribute up to $10,000 per annum (CPI adjusted starting from the date of approval by this Court) to be used for a limited number of social events for the benefit of Visiting Erskine Fellows and their families.
   3. The Erskine Trust Funds to pay $500 per Visiting Erskine Fellow (CPI adjusted starting from the date of approval by this Court) to each host school or department to contribute towards the cost of hosting a Visiting Erskine Fellow.
5. A broad residual power conferring general charitable trust powers is sought by adding the words “and for general charitable purposes consistent with the spirit of the Bequest” to follow the words “the United States of America”.

The application is to be heard before the High Court at Christchurch on 13 August 2018 at 11.45am.

Any person who wishes to oppose the variation must give seven days’ notice in writing of his or her intention to do so, to:

1. the Registrar of the High Court at Christchurch;
2. the Attorney-General, Crown Law Office, PO Box 2858, Wellington 6140 (to the attention of Austin Powell, Senior Crown Counsel);
3. the University of Canterbury as Trustee, c/- MDS Law, PO Box 185, Christchurch 8140.

To make an appointment to view the proposed variation of the trust deed, please email donmcbeath@mdslaw.co.nz.