Notice of Application to Vary Mode of Administering Trusts

Take notice that the Public Trust will make an application to the High Court at Hamilton on 2 September 2021 at 10.00am for orders under section 33 of the Charitable Trusts Act 1957 for approval of a scheme to amalgamate the Florence Smaill Charitable Trust created by the will of the late Florence Agnes Smaill dated 26 August 2003 and the James Smaill Charitable Trust created by the will of the late James MacKay Smaill dated 4 March 2010 into one trust to be known as the JAMES AND FLORENCE SMAILL CHARITABLE TRUST.

Both trusts were created with identical objects as follows:

• At the discretion of the trustees to apply the whole or so much of the income as they think fit or such part of the capital as they think fit for the following organisations:
• The Marlborough Hospice Trust;
• Presbyterian Support (Upper South Island);
• The New Zealand Institute for the Blind;
• Bethsaida Trust Board Incorporated.

The amalgamation is proposed on the grounds that:

• It is impracticable or inexpedient to carry out the purposes of the Florence Smaill Charitable Trust as the available trust fund is inadequate to carry out the charitable purposes and objects of the trust.
• The charitable purposes of the Florence Smaill Charitable Trust and the James Smaill Charitable Trust can be achieved by the trusts being amalgamated and administered as one charitable trust to be known as the JAMES AND FLORENCE SMAILL CHARITABLE TRUST.

Any person who wishes to oppose the scheme is required to give written notice to the Registrar, the Public Trust, and the Attorney-General not less than seven clear days before the date of the hearing (i.e. by 26 August 2021):

• The Public Trust’s solicitor, by email to victoria@eth.co.nz.
• The Registrar of the High Court at Hamilton, by email to hamiltonhc@justice.govt.nz.
• The Attorney-General, c/ Crown Law Office, by email to daniel.jones@crownlaw.govt.nz.

VICTORIA MAY MANN, Solicitor for the Applicant.