Advertisement of Application for Approval of a Scheme to Vary Trust Pursuant to the Charitable Trusts Act 1957

Take notice that on 25 October 2023, the Auckland City Mission Incorporated (as trustee) filed an application in the High Court at Auckland for orders approving a scheme varying the terms of the WHITNEY TRUST created pursuant to the will of the late Mrs Mary Ellen Whitney (“Trust”).

The scheme proposes to amend the relevant trust documents to, among other things:

1. dispose of the property and income of the Trust for another charitable purpose, by selling the currently held property and applying the Trust’s total funds for the purposes of the healing Auckland City Mission HomeGround building to care for Poor Persons old and young of the City or surrounding districts of Auckland (and irrespective of the religious beliefs of such persons) including those suffering or recovering from ill health, addiction, the effects of poverty, trauma, or adversity; and
2. extend its powers as trustee, including those of selling real and personal property and winding up the Trust.

A copy of the scheme and a copy of the Attorney-General’s report and updating report on the scheme may be inspected at the High Court at Auckland, or at the offices of Chapman Tripp as below, without payment of any fee.

The application is to be heard before the High Court at Auckland on Wednesday 14 February 2024 at 10.00am.

Any person who wishes to oppose the scheme must give seven clear days’ notice before the hearing, in writing, of their intention to do so, to:

1. the Registrar of the High Court at Auckland;
2. the Attorney-General, Crown Law Office, PO Box 2858, Wellington 6140 (to the attention of Peter Gunn, Crown Counsel);
3. the trustees of the Trust, whose address for services is the offices of Chapman Tripp, Level 34/15 Customs Street West, Auckland CBD, Auckland 1010 (to the attention of Edward Scorgie and Daniel Maier-Gant).

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