Notice of Application for Approval of a Charitable Trust Scheme Under Part 3 of the Charitable Trusts Act 1957

Take notice that the trustee of THE NEW ZEALAND INSTITUTE FOR CANCER RESEARCH TRUST will make an application to the High Court at Dunedin on 29 July 2020 at 10.00am for orders, under Part 3 of the Charitable Trusts Act 1957, approving a scheme to dispose of the property or income of the trust, to extend and vary the powers of the trustee, and to alter the mode of administering THE NEW ZEALAND INSTITUTE FOR CANCER RESEARCH TRUST.

The purpose of the application is to vary the terms of the trust deed by replacing those terms in their entirety with the terms of a new trust deed. The proposed new trust deed clarifies and updates the aims and purposes of the trust. The proposed new trust deed further expresses the powers and responsibilities of the trustees and the Board of Advisory Trustees in a more modern and clearer form.

The scheme for which approval is sought seeks to vary the terms of the trust deed, in particular to:

• resolve shortcomings in the trust deed’s provisions by replacing the terms of the trust deed with modern terms;
• clarify the aims and purposes of the trust in line with the trust’s historic and current activities;
• insert a new provision permitting the trustee to distribute capital as well as income to charitable purposes;
• insert a power to amend the trust deed; and
• clarify the respective roles of the trustee and the Board of Advisory Trustees and the qualifications required of Board of Advisory Trustees members.

Further particulars of the application may be obtained from the office of the applicant’s solicitors, Anderson Lloyd, at the address for service below.

The proposed scheme and the Attorney-General’s report are also available for inspection free of charge at the Dunedin High Court.

Any person desiring to oppose the scheme is required to give written notice of his or her intention to do so no less than seven clear days before the date of the hearing to:

1. the applicant at the address for service below;
2. the Registrar of the High Court at Dunedin; and
3. the Attorney-General, Crown Law Office, PO Box 2858, Wellington.

This notice is advertised in accordance with section 36 of the Charitable Trusts Act 1957.

The applicant’s address for service is at the offices of its solicitors, Anderson Lloyd, Private Bag 1959, Dunedin 9054 (attention: Frazer Barton).