Notice Title

Notice of Application to Approve a Scheme Under Part III of the Charitable Trusts Act 1957

Publication Date
12 Mar 2026

Tags

Charitable Trusts Act Application for approval of a scheme

Notice Number

2026-ct1380
Title
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File Type and Size
PDF (23 KB)

This document notifies you that:

  1. On 27 February 2026, an application under Part III of the Charitable Trusts Act 1957 for approval of a scheme in respect of The Nelson School of Music Trust Board (CC20439) (“Trust Board”), an incorporated charitable trust board first incorporated in 1898, was filed in the High Court at Nelson. Its reference number is CIV-2026-442-23.
  2. If approved, the charitable scheme will vary the Will of Elizabeth Marie Pack of Waikanae, probate of which was granted by the Wellington High Court on 22 January 2021 (CIV-2021-485-600620), which bequeathed a sum of money to the Trust Board to be used to award scholarships for the purpose of cello tuition for musically talented secondary school students attending the Nelson School of Music. Clause 7.2 of the Will provides that “At any one time only one person will be awarded the scholarship”. If approved, the charitable scheme will remove these words from clause 7.2, in recognition of the fact that the amount available under the bequest is more than necessary in order to carry out the purpose, and making the amendment would allow the excess funds to be made available to another charitable purpose, namely the provision of other cello scholarships, consistently with the spirit of the original bequest.
  3. Copies of the scheme and the report of the Attorney-General thereon may be inspected, free of charge, at the office of the Registrar of the High Court at Christchurch, or at the office of The Nelson School of Music Trust Board at 48 Nile Street, Nelson. The application has been set down for hearing in the High Court at Christchurch on Monday, 18 May 2026 at 11.45am.
  4. Any person desiring to oppose the scheme must give written notice of their intention to do so not less than seven clear days before the above-mentioned date. Such notice must be given to the Registrar of the High Court at Nelson, Crown Law on behalf of the Attorney-General, and to the Trust Board by its solicitor. The address for service of the Trust Board is c/o Sue Barker, Sue Barker Charities Law, susan.barker@charitieslaw.co.