Take notice that on 21 November 2025, the Marianne Caughey Smith-Preston Memorial Rest Homes Trust Board (as trustee) (“Trust Board”) filed an application in the High Court at Auckland for orders approving a scheme varying the terms of the Trust created pursuant to the will of the late Marianne Caughey Preston (“Trust”).

The scheme proposes to amend the trust deed for the Trust by inserting clauses that would:

1. permit the Trust Board to indemnify members of the Trust Board against losses or liability incurred in connection with the Trust;
2. permit an expense or liability incurred by a member of the Trust Board to be reimbursed from Trust property when acting on behalf of the Trust;
3. grant the Trust Board the power to vary the administrative and managerial terms (but not the objects) of the Trust, including powers relating to the investment of the Trust property.

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 the Hesketh Henry as below, without payment of any fee.

The application is to be heard before the High Court at Auckland on Wednesday, 25 February 2026 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 Genevieve Taylor and Marianne Hyslop, Crown Counsel);
3. the Trust Board, whose address for services is the offices of Hesketh Henry, Private Bag 92093, Auckland 1142 (to the attention of Lauren Sieprath and Gennise Luen).

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