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

1. Take notice that on 13 June 2025, an application under Part III of the Charitable Trusts Act 1957 for approval of a scheme of variation in respect of THE INSTITUTE DE NOTRE DAME DES MISSIONS TRUST BOARD (CC20516) (“Trust”), a charitable trust established by a declaration of trust dated 16 December 1911 (“1911 Declaration”), was filed in the High Court at Wellington under CIV-2025-485-402.
2. The reason for the application is that the 1911 Declaration is outdated and no longer fit for purpose. Furthermore, it appears that attempts made to vary the 1911 Declaration were ineffective causing uncertainty about the trust documentation under which the Trust is currently administered and managed, and trustee decisions made by reference to that documentation.
3. If approved, the scheme will replace the 1911 Declaration and all purported variations of it with a modern, fit-for-purpose charitable trust deed allowing for the ongoing proper and effective governance of the Trust. The changes sought in the scheme will safeguard the proper management and administration of the Trust and its property.
4. Copies of the scheme and the report of the Attorney-General may be inspected, free of charge, at the office of the Registrar of the High Court at Wellington, or at the office of Greg Kelly Trust Law (details below). The application will be heard in the High Court at Wellington on Monday, 13 October 2025, at 10.00am.
5. Any person desiring to oppose the scheme must give written notice of their intention to do so not less than 7 clear days before the abovementioned date. Such notice must be given to:
   1. the Registrar of the High Court at Wellington,
   2. the Attorney-General, Crown Law Office, PO Box 2858, Wellington 6140 (to the attention of Daniel Jones, Crown Counsel); and
   3. the Trust Board, which has an address for service at the office of its solicitor: Greg Kelly Trust Law, Level 6, 117 Lambton Quay, PO Box 25243, Wellington, 6140 (to the attention of Kevin Lenahan).

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