Notice of Application to Vary Terms of a Charitable Trust

Take notice that THE MCLEAN INSTITUTE (“Institute”) will make an application to the High Court at Christchurch on 5 July 2021 at 11.45am for orders under Part 3 of the Charitable Trusts Act 1957 for approval of a scheme to replace the 1904 Will that set its terms with a new trust deed.

The Institute provides accommodation to women who are disadvantaged (and who also meet other criteria). The new trust deed will make the following changes:

• Changes to Purpose: The current purpose of benefitting “gentlewomen or women of refinement or education in reduced or straightened circumstances and the children not being over the age of ten of any such gentlewomen or women” will be replaced with a broader purpose of aiding and promoting the welfare and wellbeing of disadvantaged women in the Canterbury region and the children of such women.
• Administrative amendments to trustee powers and administration: The new trust deed will provide greater flexibility as to the criteria for trustee appointments, provide limited powers to alter the trust deed, and otherwise modernise the trust deed to reflect modern best practice governance. The following trustee positions will be removed to make way for more general trustee appointments: The Minister of St Andrew’s Presbyterian Church, The Minister of Methodist Church, The Senior District Court Judge, The Chairperson of the Canterbury District Health Board and the Vice-Chancellor of the University of Canterbury.

Any person who wishes to oppose the scheme is required to give written notice to the Registrar, the Institute, and the Attorney-General not less than seven clear days before the date of the hearing (i.e. by 28 June 2021):

• The Institute’s solicitor, by email to foote@duncancotterill.com.
• The Registrar of the High Court at Christchurch, by email to christchurchhc@justice.govt.nz.
• The Attorney-General, c/ Crown Law Office, by email to genevieve.taylor@crownlaw.govt.nz.

AYLEATH FOOTE, Solicitor for the Applicant.