	Home \| Databases \| WorldLII \| Search \| Feedback New Zealand Legislation for Niue

Home | Databases | WorldLII | Search | Feedback

New Zealand Legislation for Niue

You are here: PacLII >> Databases >> New Zealand Legislation for Niue >> Charitable Trusts Act 1957

Database Search | Name Search | Noteup | Download | Help

Charitable Trusts Act 1957

NEW ZEALAND

REPRINTED ACT

[WITH AMENDMENTS INCORPORATED]

CHARITABLE TRUSTS

REPRINTED AS ON 1 APRIL 1979

NOTE: Except where otherwise indicated, all references to money in decimal currency in square brackets were substituted for references to money in the former currency by s. 7 of the Decimal Currency Act 1964.

ANALYSIS

Title
1. Short Title and commencement
2. Interpretation
2A. Act to bind the Crown

PART I
VESTING OF PROPERTY

3. Property to vest in trustees or their successors
4. Evidence of appointment of trustees
5. Transfer of properties

PART II
INCORPORATION OF TRUST BOARDS

6. Interpretation
7. Trustees may apply for incorporation
8. Society may apply for incorporation
9. Manner in which society may authorise application
10. Applications for incorporation
11. Registration of Boards
12. Evidence of incorporation
13. Effect of incorporation
14. Vesting of property
15. Name of Board
16. Change of name
17. Right to appeal to court
18. Service on a Board
19. Form of contracts
20. Presumption of validity of acts of trustees, etc.
21. Powers in respect of property
22. Power to incorporate for charitable purposes under other Acts
23. New trusts, and alterations of rules, trusts, or registered office
24. Voluntary winding up of a society as a Board
25. Winding up of a Board by the Court
26. Dissolution by Registrar
27. Distribution of surplus assets on winding up or dissolution
28. Register of Boards and seal of Registrar
29. Inspection, production, and evidence of documents kept by Registrar
30. Exemption from fees

PART III
SCHEMES IN RESPECT OF CERTAIN CHARITABLE TRUSTS

31. Interpretation
32. Property may be disposed of for other charitable purposes
33. Extension of powers or alteration of mode of administration of trust
34. Trustees may prepare a scheme
35. Scheme to be laid before Attorney-General
36. Scheme to be advertised
37. Opposition to scheme

PART IV
SCHEMES IN RESPECT OF CHARITABLE FUNDS RAISED BY VOLUNTARY CONTRIBUTION

38. Meaning of term "charitable purpose" in this Part of Act
39. Funds to which this Part of Act applies
40. Property may be disposed of for other charitable purposes
41. Extension of powers or alteration of mode of administration of trust
42. Contributor or money holder may proceed under this Part of Act
43. Convening meeting of contributors
44. Subsequent advertisement or notice of other newly proposed purpose
45. Proceedings at meetings
46. Scheme committee
47. Scheme, etc., to be laid before the Attorney-General
48. Powers and duties of Attorney-General
49. Contributor may get back money before date fixed for first meeting of contributors
50. Attorney-General or Court may dispense with meeting of contributors

PART V
MISCELLANEOUS PROVISIONS

51. Administration of schemes
52. Expenses of scheme
53. Jurisdiction of Court in respect of schemes
54. Approval of scheme or refusal by Court to approve scheme to be gazetted
55. Power to waive non-compliance with procedural requirements
56. Restrictions on approval of schemes
57. No fee payable to Registrar
58. Inquiries into condition and management of charities
59. Holder of property to transfer it in accordance with scheme
60. Proceedings to enforce or vary charitable trust or to require a new scheme
61. Alteration of rules of society or corporation not to affect existing trusts
61A. Trusts for recreational and similar purposes
61B. Inclusion of non-charitable and invalid purposes not to invalidate a trust
62. Regulations
63. Repeals, amendments, and savings
Schedules

--------------------------------

THE CHARITABLE TRUSTS ACT 1957

1957, No. 18

An Act to consolidate and amend certain enactments of the General Assembly relating to charitable trusts

[4 October 1957

1. Short Title and commencement - (1) This Act may be cited as the Charitable Trusts Act 1957.

(2) This Act shall come into force on the 1st day of January 1958.

This Act was extended to Niue by s. 5 of the Niue Amendment Act 1968.

As to the application of this Act to benefactions and endowments to universities, see-

University of Canterbury Act 1961: s. 39

University of Auckland Act 1961: s. 38

Victoria University of Wellington Act 1961: s. 39

Lincoln College Act 1961: s. 37

Massey University Act 1963: s. 37

University of Waikato Act 1963: s. 37

As to the application of this Act to the Marlborough A. and P. Association, Marlborough Agricultural and Pastoral Association Empowering Act 1974.

2. Interpretation - In this Act, unless the context otherwise requires,-

"Charitable purpose" means every purpose which in accordance with the law of New Zealand is charitable; and, for the purposes of Parts I and II of this Act, includes every purpose that is religious or educational, whether or not it is charitable according to the law of New Zealand:

Provided that in Par IV of this Act the term "charitable purpose" has the meaning specified in section 38 of this Act:

"Court" means the Supreme Court of New Zealand, and includes a Judge of that Court:

"Property" means real and personal property of every kind, and includes money.

"Charitable purpose", see Children's Health Camps Act 1972: s.21

[2A. Act to bind the Crown - This Act shall bind the Crown]

Cf. Recreational Charities Act 1958, s. 5 (U.K.)

This section was inserted by s. 2 of the Charitable Trusts Amendment Act 1963.

PART I
VESTING OF PROPERTY

3. Property to vest in trustees or their successors - (1) Where any real or personal property has been or is hereafter acquired by or on behalf of any religious denomination, congregation, or society, or any body of persons associated for any charitable purpose, and the conveyance or other assurance of that property has been or is taken to or in favour of trustees to be form time to time appointed, or any parties named in the conveyance or other assurance, or subject to any trust for any such denomination or congregation or society or body of persons, or for the individuals comprising the same, the conveyance or other assurance shall not only vest the property thereby conveyed or otherwise assured in the parties named therein, but shall also effectually vest the same in their successors in office for the time being and the continuing trustees (if any) jointly, or if there are no such continuing trustees, then in their successors in office for the time being chosen and appointed in the manner provided or referred to in the conveyance or other assurance, or in any separate deed or instrument, declaring the trusts thereof; or if no mode of appointment is provided or referred to, or if the power of appointment has lapsed, then such manner as may be agreed upon by such denomination or by a body constituted to represent them, or by such congregation, society, or body of persons.

(2) The said property shall be so vested without any conveyance or other assurance whatsoever upon the same trusts and with and under and subject to the same powers and provisions as are contained or referred to in the conveyance or other assurance, or in any separate deed or instrument upon which the property is held so far as the same may at the time of vesting be subsisting and still capable of taking effect, anything in the conveyance or other assurance or in any separate deed or instrument to the contrary notwithstanding.

(3) Nothing in this section shall restrict the effect of any appointment of new trustees or of any conveyance or other assurance or vesting of any property.

Cf. 1908, No. 164, s. 2

4. Evidence of appointment of trustees - (1) For the purpose of preserving evidence of every appointment of new trustees to which section 3 of this Act applies and of the persons in whom any estate or interest in property from time to time becomes legally vested, every such appointment shall be made to appear by a memorandum under the hand of the chairman for the time being of the meeting at which the appointment was made, and shall be executed either in the presence of that meeting or at any time after that meeting, and attested by 2 or more witnesses.

(2) Any such memorandum may be in the form or to the effect of the First Schedule to this Act, or as near thereto as circumstances will allow, and may be given and shall be received as evidence in all Courts and proceedings in the same manner and on the like proof as deeds, and shall be evidence of the truth of the several matters therein stated.

(3) Every memorandum made under this section of an appointment of new trustees shall, if it affects land under the Land Transfer Act 1952, be filed in a Land Registry Office; and, as regards land in any land registration district, the appointment shall not have any operative effect until after the filing in the Land Registry Office of that district of the memorandum or of a copy thereof certified by the District Land Registrar in whose office the memorandum has been filed.

Cf. 1908, No. 164, s. 3

5. Transfer of properties - Where any property is vested in or held by any person in trust for or for the benefit (directly or indirectly) of any body or corporation, or for the maintenance and support of the officers or members of any body or corporation, whether or not the trust or purpose appears upon the face of the conveyance or other instrument under which the property is held and whether or not the trust is for any charitable purpose, it shall be lawful for the person to convey or transfer the property so held to such trustees as the body or corporation directs or appoints or (in the case of a corporation) to the corporation.

Cf. 1908, No. 164, s. 10

PART II
INCORPORATION OF TRUST BOARDS

6. Interpretation - In this Part of this Act, unless the context otherwise requires,-

"Assistant Registrar" means an Assistant Registrar of Incorporated Societies under the Incorporated Societies Act 1908:

"Board" means any trustees or society incorporated as a Board under this Part of this Act:

"Registrar" means the Registrar of Incorporated Societies under the Incorporated Societies Act 1908; and includes an Assistant Registrar.

"Board", see Marlborough Agricultural and Pastoral Association Empowering Act 1974.

7. Trustees may apply for incorporation - (1) The trustees of any trust which is exclusively or principally for charitable purposes may apply to the Registrar in accordance with this Part of this Act for the incorporation of the trustees as a Board under this Part of this Act.

(2) No such application shall be made by any trustees if the trustees are already incorporated under any other Act or otherwise, and no such application shall be made by the trustees for the general purposes of any society-

(a) If the society is itself incorporated under this Part of this Act or under any other Act or otherwise;

(b) Unless they are authorised to do so by the society.

(3) Every such application for incorporation shall be in form 1 in the Second Schedule to this Act, or to the like effect, and shall be signed by a majority of the trustees.

Cf. 1908, No. 164, s. 5

8. Society may apply for incorporation - (1) Any society which exists exclusively or principally for charitable purposes may apply to the Registrar in accordance with this Part of this Act for the incorporation of the society as a Board under this Part of this Act.

(2) No such application shall be made by any society-

(a) If the society is already incorporated under any other Act or otherwise:

(b) If the trustees for the general purposes of the society are themselves incorporated under this Part of this Act or any other Act or otherwise:

(3) Every such application for incorporation shall be in form 2 of the Second Schedule to this Act, or to the like effect, and shall be signed by not less than 5 members of the society or by a majority of the trustees of the society.

Cf. 1908, No. 164, s. 5

9. Manner in which society may authorise application - For the purposes of sections 7 and 8 of this Act, an application shall be deemed to be authorised by a society, if-

(a) It is authorised by a majority of the members of that society; or

(b) A resolution authorising the making of the application is passed by a majority of those present at a meeting of that society, and the Registrar is satisfied that such notice of intention to hold that meeting and of its purpose was given as may be reasonable in the circumstances; or

10. Applications for incorporation - (1) Each subscriber to an application for incorporation shall add to his signature his description and address. The signature of each subscriber shall be attested by a witness who is not a subscriber, and the witness shall add to his signature his description and address. When any body corporate is a subscriber its seal shall be affixed to the application.

(2) Every application for incorporation under this Part of this Act shall be accompanied by-

(a) A copy (certified by one of the subscribers to the application as a correct copy) of the relevant parts of all wills, declarations of trust, and other documents (if any) showing the general purposes of the trustees or society making the application and the trusts on which the applicant or applicants hold any property that is vested in the applicant or applicants as such and is not held for the general purposes of the applicant or applicants;

(b) A statutory declaration made by one of the subscribers to the application setting forth any trusts on which the applicant or applicants hold any property, being trusts not set out in any document or copy of a document accompanying the application;

(i) A copy of the rules and other documents (if any) providing for the constitution of the society, certified by one of the subscribers to the application as a correct copy of the then current rules and documents, or (where there are neither any such rules nor any such documents) a statutory declaration made by one of the subscribers to the application setting forth the purposes of the society, the manner in which persons become members or cease to be members thereof, and the manner in which the society operates:

(ii) A statutory declaration made by one of the subscribers to the application to the effect that the application is authorised by the society, and specifying the mode in which it is so authorised.

(3) If the Registrar considers that any documents accompanying an application do not disclose sufficient information regarding the trusts on which any property is held by the applicant or applicants, or regarding the purposes and constitution of any society, he may refuse to register the trustees or society as provided in this Part of this Act until such further information as he requires is supplied to him.

(4) Original documents may in any case accompany any such application instead of copies, and the provisions of subsection (5) of section 29 of this Act shall thereupon apply in respect of the documents.

Cf. 1908, No. 212, s. 7

11. Registration of Boards - (1) The Registrar, on being satisfied that the purposes of the trust or society (as the case may be) are exclusively or principally charitable, and that the procedural requirements of this Part of this Act have been observed, shall do the following things:

(a) Enter the name of the Board in the register kept by him under this Part of this Act, together with particulars as to whether trustees or a society constitute the Board, the place of its registered office, and such other particulars as he thinks fit:

(b) Issue under his seal a certificate that the Board has been incorporated under this Part of this Act on the date mentioned in the certificate.

(2) From the date of incorporation mentioned in the certificate of incorporation the Board shall be a body corporate, and shall consist of-

(a) The persons who are for the time being the trustees of the trust in any case where trustees are incorporated as a Board:

(b) The persons who are for the time being the members of the society in any case where a society is incorporated as a Board.

Cf. 1908, No. 212, s. 8

For the application of this Act to an unregistered Board, see s. 14 of the Marlborough Agricultural and Pastoral Association Empowering Act 1974.

12. Evidence of incorporation - Every certificate of incorporation issued under the seal of the Registrar shall be sufficient evidence, in the absence of proof to the contrary, that the Board therein named was incorporated on the date specified in the certificate, and that the procedural requirements of this Part of this Act have been observed, but shall not be evidence that the purposes of the trust or society are exclusively or principally charitable.

Cf. 1908, No. 164, s. 6

13. Effect of incorporation - Every Board shall have perpetual succession and a common seal, and (subject to this Act and to the rules and other documents providing for the constitution of the Board) shall be capable of holding real and personal property of whatsoever nature and whether situated in New Zealand or elsewhere, and of suing and being sued, and of doing and suffering all such acts and things as bodies corporate may lawfully do and suffer.

Cf. 1908, No. 164, s. 7

14. Vesting of property - (1) All property held by the trustees of any such trust or by any such society shall immediately upon incorporation of the trustees or society as a Board vest without transfer, conveyance, or assignment in the Board for the same purposes, with the same powers, and upon and subject to the same trusts, contracts, and equities as then affect the same.

(2) Where any estate or interest in, or any mortgage or charge on, any land under the Land Transfer Act 1952 is vested in a Board by virtue of this section, the District Land Registrar for the land registration district in which the land is situated shall, on receiving a written application under the common seal of the Board, register the Board as proprietor of that estate, interest, mortgage, or charge.

Cf. 1908, No. 164, s. 9

15. Name of Board - (1) No trustees or society shall be incorporated under a name which is identical with that of any other Board, or of any company carrying on business in New Zealand (whether registered in New Zealand or not) or of any other body corporate established or registered in New Zealand under any Act, or which so nearly resembles that name as to be calculated to deceive, except where the other Board, company, or body corporate, as the case may be, signifies its consent in such manner as the Registrar requires, and the Registrar is satisfied that registration of the Board by that name will not be contrary to the public interest.

(2) The name of a Board need not include-

(a) The words "Trust Board":

(b) Any of the following words, namely, "Trust", "Board", "Society", and "Incorporated".

Cf. 1955, No. 63, s. 31 (1) (a); 1908, No. 212, s. 11

16. Change of name - (1) In any case where a society is incorporated as a Board, or where the trustees of a society are incorporated as a Board, the Board may, pursuant to a resolution of the society passed at a general meeting, apply to the Registrar to change the name under which the Board is registered.

(2) In any other case where trustees are incorporated as a Board, the Board may, pursuant to a resolution passed at a meeting of the Board, apply to the Registrar to change the name under which it is registered.

(3) Where a Board applies to the Registrar under this section to change the name under which it is registered and the Registrar approves of the change, the Registrar shall enter the new name in the register in place of the former name, and shall alter the certificate of incorporation to meet the circumstances of the case.

(4) A change of name by a Board under this section shall not affect any rights or obligations of the Board, or render defective any legal proceedings by or against the Board, and any legal proceedings that may have been continued or commenced by or against it in its former name may be continued or commenced by or against it in its new name.

Cf. 1955, No. 63, s. 32

17. Right to appeal to Court - (1) Any person dissatisfied with any decision of the Registrar that trustees are not to be registered under this Act, or that a society is not to be so registered, or that a name or change in the name of any Board is not to be approved or registered, may appeal to the Court against that decision.

(2) Notice of every such appeal shall be filed in the Court and served upon the Registrar within 28 days after the day on which the decision appealed against was given.

(3) If in any case the appellant does not prosecute his appeal with due diligence, the Court, on application made by the Registrar or any person interested, may dismiss the appeal and make such order as to costs as it thinks proper.

18. Service on a Board - Any notice or legal process shall be deemed to be served upon a Board if left at its registered office or if sent through the post in a. registered letter addressed to the Board at that office.

19. Form of contracts - (1) Contracts on behalf of a Board may be made as follows:

(a) A contract which if made by private persons would be by law required to be by deed may be made on behalf of the Board in writing under the common seal of the Board, attested in such manner as may be provided in the rules or other documents providing for the constitution of the society that is incorporated as the Board or of which the members of the Board are the trustees, or (in the absence of any such provision) attested by at least 2 of the trustees who are incorporated as the Board or by at least 2 members of the committee or other governing body of the society that is incorporated as the Board:

(b) A contract which if made between private persons would be by law required to be in writing, signed by the parties to be charged therewith, may be made on behalf of the Board in writing signed by any person acting under its authority, express or implied:

(c) A contract which if made between private persons would by law be valid although made by parol only, and not reduced into writing, may be made by parol on behalf of the Board by any person acting under its authority, express or implied.

(2) A contract made according to this section shall be effectual in law, and shall bind the Board and its successors and all other parties thereto.

Cf. 1908, No. 164, s. 11; 1955, No. 63, s. 42

20. Presumption of validity of acts of trustees, etc. - All acts or deeds done or made by any person acting in good faith as one of the trustees who for the time being constitute a Board, or as one of the committee or governing body for the time being of a society which constitutes a Board, shall be valid notwithstanding any defect that may afterwards be found in his appointment; and the signature of any person purporting to act as one of those trustees or as a member of that committee or governing body shall, in the absence of proof to the contrary, be sufficient evidence of his being one of those trustees or a member of that committee or governing body, as the case may be.

Cf. 1908, No. 164, s. 12

21. Powers in respect of property - (1) Without restricting the powers that are or may be conferred on any Board by or under the Trustee Act 1956 or this Act or any other Act or otherwise howsoever, it is hereby declared that any Board may,-

(a) Notwithstanding any trusts that may affect its property, with the consent of the Court, dedicate all or any part of its property for any public purpose:

(b) Notwithstanding any trusts that may affect its property, sell or exchange any part of its property for any purpose upon such terms as it deems expedient:

Provided that no property subject to any trust shall be sold or exchanged in exercise of the power conferred by this paragraph without the consent of the Court in any case where it is of the essence of the trust that the particular property should be used for the purpose of the trust:

(c) Subject to the rules or other documents providing for the constitution of the Board, purchase any property, whether situated in New Zealand or elsewhere, and apply any money for the time being held by the Board for or towards any such purpose; and any property so purchased shall be held upon the same trusts as affected the money applied in payment for the property.

(2) Any money or other property received in consequence of any such dedication or sale or exchange shall be held upon the same trusts as affected the property so dealt with, and any such money may be invested in any investments for the time being authorised by the Trustee Act 1956 for the investment of trust funds.

Cf. 1908, No. 164, s. 13; 1928, No. 55, s. 2

22. Power to incorporate for charitable purposes under other Acts - Nothing in this Act shall prevent any company, society, or corporation from being incorporated under any other Act or otherwise for any religious, educational, or other charitable purpose, or from including any such purpose among its objects:

Provided that no Board incorporated under this Part of this Act shall be incorporated under any other Act.

23. New trusts, and alterations of rules, trusts, or registered office-(1) If any variation is made in the trusts on which any Board holds any property, or if any additional property becomes vested in any Board on trusts not completely shown in the declarations and the copies of the relevant parts of wills and declarations of trust and other documents already lodged with the Registrar, then, within one month from the date of the variation or vesting, there shall be lodged with the Registrar-

(a) A copy (certified by one of the trustees for the time being constituting the Board or by a member of the committee or governing body of the society constituting the Board, as a correct copy) of the relevant parts of every scheme, order, will, declaration of trust, and other document which (when read where necessary with the copies and documents already lodged with the Registrar) show the trusts as varied and the trusts on which the additional property is vested in the Board; and

(b) A statutory declaration by any such trustee or member setting forth the variation of the trusts on which the additional property is held so far as they are not shown in any such scheme, order, will, declaration of trust, or other document.

(2) If any declaration is made in the rules or other documents providing for the constitution of any Board, and the alteration is made in accordance with section 61 of this Act and affects the trusts on which any property is held or is to be held, or if any Board desires to alter the address of its registered office, notice of the alteration or desired alteration shall be given to the Register within one month from the date thereof. Where any Board gives notice under this subsection of its desire to alter the address for its registered office and specifies a new address for its registered office with sufficient particularity to enable documents to be served by hand and served by post, the Registrar shall forthwith alter the registered address accordingly.

(3) If in any case the requirements of this section are not complied with within any such period of one month, each of the trustees for the time being incorporated as the Board, or each member of the committee or other governing body of the society incorporated as the Board, and each officer of the Board, commits an offence and shall be liable on summary conviction to a fine not exceeding [10 cents] for every day thereafter during which the default continues.

(4) Where any Board has been incorporated before the commencement of this Act, the Board may at any time may lodge with the Registrar all or any of the documents or copies and declarations which it would be required to lodge with the Registrar on an application for incorporation made after the commencement of this Act; and (if the Registrar so requests) the memorial and all other documents and copies which were filed in connection with the incorporation of the Board may be transferred to the Registrar.

24. Voluntary winding up of society as a Board - (1) In any case where a society is incorporated as a Board, the Board may be wound up voluntarily if at a general meeting of its members it passes a resolution requiring the Board to be wound up, and the resolution is confirmed at a subsequent general meeting called for that purpose and held not sooner than the 28th day and not later than the 42nd day after the date on which the resolution so to be confirmed was passed.

(2) Subject to this Act and to any regulations made thereunder, the voluntary winding up of a Board shall be governed by the same rules as the voluntary winding up of a company under the Companies Act 1955.

Cf. 1908, No. 212, s. 24

25. Winding up of a Board by the Court - (1) A Board may be wound up by the Court if the Court is satisfied that it is just and equitable that the Board should be wound up.

(2) Any application to the Court for winding up of a Board may be presented by-

(a) The Attorney-General; or

(b) The Board; or

(d) A creditor thereof; or

(e) The Registrar; or

(f) Any other person who adduces proof of circumstances which in the opinion of the Court make it proper that he should make the application.

(3) All costs incurred by the Attorney-General or the Registrar in making application for the winding up of a Board shall, unless the Court otherwise orders, be a first charge on the assets of the Board.

(4) Subject to this Act and to any regulations made thereunder, every application to the Court for the winding up of a Board, and every winding up of a Board by the Court, shall be governed by the same rules as in the case of the winding up of a company by the Court under the Companies Act 1955.

Cf. 1908, No. 212, ss. 25, 26

26. Dissolution by Registrar - (1) If at any time the Registrar is satisfied that a Board is no longer carrying on its operations or has been registered by reason of a mistake of fact or law, he may make under his seal a declaration that the Board is dissolved as from the date of the declaration, and shall thereupon publish the declaration in the Gazette, and make in the register an entry of the dissolution of the Board.

(2) On the making of that entry the incorporation of the Board shall cease as from the date of the declaration.

(3) At any time thereafter the Registrar, on being satisfied that the declaration was made in error and ought to be revoked, may revoke the same by a declaration in the Gazette, and shall thereupon make an entry of that revocation in the register, and the Board shall thereupon be revived from the date of the dissolution thereof as if no such dissolution had taken place.

(4) The Registrar may at any time send to any Board, by registered letter addressed to it at its registered office, an inquiry as to whether or not the Board is still carrying on its operations. If no reply is received to that letter within 6 months after the date of the posting thereof, or if the letter is not delivered and is returned to the Registrar, that shall be sufficient to satisfy the Registrar that the Board is no longer carrying on its operations:

Provided that nothing in this subsection shall prevent the Registrar from satisfying himself to that effect in any other manner.

Cf. 1908, No. 212, s. 28

27. Distribution of surplus assets on winding up or dissolution - On the winding up of a Board or on its dissolution by the Registrar, all surplus assets after the payment of all costs, debts, and liabilities shall be disposed of as the Court directs.

Cf. 1908, No. 212, s. 27

28. Register of Boards and seal of Registrar - (1) The Registrar shall keep a register in which shall be recorded all matters required by this Act or by any regulations under this Act to be recorded by the Registrar.

(2) The seal of the Registrar may be used for the authentication of any documents required for the purposes of this Part of this Act.

29. Inspection, production, and evidence of documents kept by Registrar - (1) Any person may inspect the documents kept by the Registrar on payment of such fees as may be prescribed.

(2) Any Board may, on payment of the prescribed fee and on proof that every certificate of the incorporation of the Board which has previously been issued has been lost or destroyed, require the Registrar to issue under his seal a further certificate of incorporation in respect of the Board.

(3) Any person may, on payment of the prescribed fee, require a copy of or extract from the register or any document lodged with the Registrar under this Act to be given or certified by the Registrar under his hand and seal.

(4) No process for compelling the production of any document kept by the Registrar shall issue from any Court, except with the leave of that Court, and any such process if issued shall bear thereon a statement that it is issued with the leave of the Court.

(5) A copy of or extract from any document kept by or lodged with the Registrar under this Part of this Act, certified to be a true copy or extract under the hand and seal of the Registrar (whose official position it shall not be necessary to prove), shall in all legal proceedings be admissible in evidence as of equal validity with the original document.

(6) At any time while there are no regulations prescribing the fees payable under this section, or so far as no such fees are prescribed by any regulations, the fees so payable shall be the same as those payable under the corresponding provisions in section 9 of the Companies Act 1955. All fees paid to the Registrar under this Act shall be paid into the Public Account, and shall form part of the [Consolidated Account].

Cf. 1955, No. 63, ss. 8 (3), 9

In subs. (6) the reference to the Consolidated Account were substituted for a reference to the Consolidated Revenue Account (as substituted for a reference to the Consolidated Fund by s. 4 (4) of the Public Revenues Amendment Act 1963) by s. 114 (6) of the Public Finance Act 1977.

30. Exemption from fees - Except as provided in section 29 of this Act, no fee shall be payable to the Registrar in respect of any document made or thing done under or for the purposes of this Part of this Act.

PART III
SCHEMES IN RESPECT OF CERTAIN CHARITABLE TRUSTS

For an application of this Part of the Act, see s. 36 of the Race Relations Act 1971.

31. Interpretation - In this Part of this Act, unless the context otherwise requires,-

"Registrar", in relation to any scheme, means the Registrar of the Supreme Court in whose office the scheme is filed:

"Trustees" includes executors or administrators, and any person or persons, body corporate, or association in whom any property is vested that is or may become subject to this Part of this Act.

Cf. 1908, No. 164, s. 14; 1928, No. 55, s. 3

32. Property may be disposed of for other charitable purposes - (1) Subject to the provisions of subsection (3) of this section, in any case where any property or income is given or held upon trust, or is to be applied, for any charitable purpose, and it is impossible or impracticable or inexpedient to carry out that purpose, or the amount available is inadequate to carry out that purpose, or that purpose has been effected already, or that purpose is illegal or useless or uncertain, then (whether or not there is any general charitable intention) the property and income or any part or residue thereof or the proceeds of sale thereof shall be disposed of for some other charitable purpose, or a combination of such purposes, in the manner and subject to the provisions hereafter contained in this Part of this Act.

(2) Subject to the provisions of subsection (3) of this section, in any case where any property or income is given or held upon trust, or is to be applied, for any charitable purpose, and the property or the income which has accrued or will accrue is more than is necessary for the purpose, then (whether or not there is any general charitable intention) any excess property or income or proceeds of sale may be disposed of for some other charitable purpose, or a combination of such purposes, in the manner and subject to the provisions hereafter contained in this Part of this Act.

(3) This section shall not operate to cause any property or income to be disposed of as provided in subsection (1) or subsection (2) of this section-

(a) If in accordance with any rule of law the intended gift thereof would otherwise lapse or fail and the property or income would not be applicable for any other charitable purpose:

(b) In so far as the property or income can be disposed of under Part IV of this Act.

(4) Subject as aforesaid, this section shall extend to cases where the charitable purpose affecting any property or income is defined by a scheme approved by the Court under this Part of this Act or otherwise, or approved by the Attorney-General under Part IV of this Act, and in any such case the original purpose or purposes may be restored, with or without modifications.

(5) The provisions of this section shall apply with respect to trusts created, and to schemes approved, before or after the commencement of this Act.

Cf. 1908, No. 164, s. 15; 1951, No. 29, s. 2

33. Extension of powers or alteration of mode of administration of trust - In any case where it is made to appear that any property or income is given or held upon trust, or is to be applied, for any charitable purpose, and the administration of the property or income or the carrying out of the trust could be facilitated by extending or varying the powers of the trustees or by prescribing or varying the mode of administering the trust, the powers of the trustees may be extended or varied, and the mode of administering the trust may be prescribed or varied, in the manner and subject to the provisions hereafter contained in this Part of this Act:

Provided that nothing in this section shall restrict the powers that are or may be conferred on the Court or the trustees by or under the Trustee Act 1956 or any other Act or by law.

34. Trustees may prepare a scheme - Where the trustees of any such property or income are desirous that it shall be dealt with subject to this Part of this Act, they may prepare or cause to be prepared, in accordance with this Part of this Act, a scheme for the disposition of the property or income and for extending or varying the powers of the trustees or for prescribing or varying the mode of administering the trust.

Cf. 1908, No. 164, s. 16

35. Scheme to be laid before Attorney-General - (1) Every scheme prepared under this Part of this Act shall be submitted to the Attorney-General, together with full information as to all the facts upon which it is proposed to make the disposition set out in the scheme, and with copies of any instruments necessary to explain the scheme so prepared; and the Attorney-General shall, in respect of every such scheme, have the following powers and duties:

(a) He may remit the proposed scheme to the trustees for consideration of any amendments he may suggest:

(b) He shall report on the scheme as finally submitted by the trustees after they have considered such amendments (if any) as are suggested by the Attorney-General, and shall deliver the report to the trustees.

(2) At any time after delivery to them of the report of the Attorney-General, the trustees may apply to the Court for approval of the scheme, and on making any such application shall file therewith the scheme and the report of the Attorney-General thereon.

(3) Every such application shall be filed in the office of the Court at or nearest the place where the trustees or the majority of them reside or the property is situated, or, if the property is personal property and the trustees or the majority of them reside out of New Zealand, then in some office of the Court specified by the Attorney-General:

Provided that any such application may be filed in an office of the Court approved by the Attorney-General or the Court.

(4) The application, scheme, and report shall be open for inspection by the public without any fee or charge.

Cf. 1908, No. 164, s. 17

36. Scheme to be advertised - (1) Before any such application is considered by the Court, notice of the application shall be given as hereafter provided in this section once in the Gazette, and at least 3 times with an interval of not less than 6 days between any 2 insertions in one newspaper circulating in the judicial district in which is situated the office of the Court in which the application has been filed. The first such notice shall be so published not more than 3 months and not less than one month before the date proposed for the consideration of the scheme by the Court.

(2) Every such notice shall give particulars of the scheme, shall state the date proposed for the hearing of the application by the Court, and shall require any person desiring to oppose the scheme to give written notice of his intention to do so to the Registrar and the trustees and the Attorney-General not less than 7 clear days before that date.

Cf. 1908, No. 164, s. 18

37. Opposition to scheme - Any person desiring to oppose the scheme shall, not less than 7 clear days before the date proposed for the hearing of the application by the Court, give written notice of his intention to oppose the scheme to the Registrar and the trustees and the Attorney-General.

PART IV
SCHEMES IN RESPECT OF CHARITABLE FUNDS RAISED BY
VOLUNTARY CONTRIBUTION

For an application of this Part of this Act, see s. 36 of the Race Relations Act 1971. As to the expenditure of funds by the Beachlands Domain Board in relation to this Part of this Act, see s. 3 of the Beachlands Domain Board Empowering Act 1961.

38. Meaning of term "charitable purpose" in this Part of Act - In this Part of this Act, unless the context otherwise requires, the term "Charitable purpose" means every purpose which in accordance with the law of New Zealand is charitable; and includes the following purposes, whether or not they are beneficial to the community or to a section of the community:

(a) The supply of the physical wants of sick, aged, destitute, poor, or helpless persons, or of the expenses of funerals of poor persons:

(b) The education (physical, mental, technical, or social) of the poor or indigent or their children:

(d) The employment and care of discharged offenders:

(e) The provision of religious instruction, either general or denominational:

(f) The support of libraries, reading rooms, lectures, and classes for instruction:

(g) The promotion of athletic sports and wholesome recreations and amusements:

(h) Contributions towards losses by fire and other inevitable accidents:

(i) Encouragement of skill, industry, and thrift:

(j) Rewards for acts of courage and self sacrifice:

(k) The erection, laying out, maintenance, or repair of buildings and places for the furtherance of any of the purposes mentioned in this section.

Cf. 1908, No. 164, s. 31; 1928, No. 55, s. 3

"Charitable purpose", see s. 40 (1) of the Children's Health Camps Act 1972.

39. Funds to which this Part of Act applies - This Part of this Act is applicable to cases in which money has been raised for any charitable purpose by way of voluntary contribution, or by the sale of goods voluntarily contributed, or as the price of admission to any entertainment, or in any other manner of voluntary contribution, whether or not the money has been invested pending application for that charitable purpose.

Cf. 1908, No. 164, s. 32

40. Property may be disposed of for other charitable purposes-(1) In any case to which this Part of this Act applies-

(a) If it becomes impossible or impracticable or inexpedient to carry out the charitable purpose for which the money raised is held, or if the amount available is inadequate to carry out that purpose, or that purpose has been effected already, or that purpose is illegal or useless or uncertain; and

(b) If the money has not been entirely applied, and is not in the course of being applied, for the charitable purpose for which it is held at any time after the expiration of one year after the contribution or receipt of any part of the money or the sale of any part of the goods-

then, whether or not there is any general charitable intention, the money and the income therefrom or any part of residue thereof shall be disposed of for some other charitable purpose, or a combination of such purposes, in the manner and subject to the provisions hereafter contained in this Part of this Act.

(2) In any case to which this Part of this Act applies, if the money raised and the income which has accrued or will accrue therefrom or any residue thereof is more than is necessary to carry out the original charitable purpose, any excess money or income may be disposed of for some other charitable purpose, or a combination of such purposes, in the manner and subject to the provisions hereafter contained in this Part of this Act.

(3) This section shall extend to cases where the charitable purpose for the time being affecting any money or income is defined by a scheme approved by the Attorney-General or the Court under this Part of this Act or otherwise approved by the Court, and in any such case the original purpose or purposes may be restored, with or without modifications.

(4) The provisions of this section shall apply with respect to money raised, and to schemes approved as aforesaid, before or after the commencement of this Act.

Cf. 1908, No. 164, ss. 33, 34; 1928, No. 55, s. 5

41. Extension of powers or alteration of mode of administration of trust - (1) If in any case it is made to appear that the administration of any money, or income from money, to which this Part of this Act applies could be facilitated by extending or varying the powers of the trustees or by prescribing or varying the mode of administering the trust on which the money or income is held, the powers of the trustees may be extended or varied, and the mode of administering the trust may be prescribed or varied, in the manner and subject to the provisions hereafter contained in this Part of this Act.

(2) Nothing in this Part of this Act shall restrict the powers that are or may be conferred on the Court or the trustees by or under the Trustee Act 1956 or any other Act or by law or restrict the operation of [section 67 of the Public Trust Office Act 1957.]

In subs. (2), s. 67 of the Public Trust Office Act 1957, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed s. 4 of the Public Trust Office Amendment Act 1912.

42. Contributor or money holder may proceed under this Part of Act - (1) In any case to which section 40 or section 41 of this Act applies, any contributor of money raised for the charitable purpose or of goods sold to provide money for that purpose, or any holder or trustee of any such money or of any money received as the price of admission to any entertainment or paid in any other voluntary manner for that purpose, may proceed in the manner hereafter set out in this Part of this Act.

(2) In any case where the holder or trustee of any money to which this section applies is an incorporated body of persons, that body may appoint any person to proceed on its behalf under this Part of this Act, and the provisions of this Part of this Act shall apply to the person so appointed as if he were the holder or trustee of the money.

Cf. 1908, No. 164, s. 34

43. Convening meeting of contributors - The moving contributor or money holder (in this Part of this Act referred to as the convener) may call together a meeting of the contributors of money or goods as aforesaid by advertisement in a form approved by the Attorney-General and in the following manner:

(a) The advertisement shall identify the money, and shall specify every newly proposed charitable purpose and every proposal for extending or varying the powers of the trustees or of prescribing or varying the mode of administering the trust and shall state the reason for every proposal relating to any new charitable purpose or to the powers of the trustees or the mode of administering the trust:

(b) The advertisement shall draw attention to the right conferred on contributors by section 49 of this Act:

(c) The day, time, and place of meeting shall be mentioned in the advertisement, the day being not less than one month from the date of the first advertisement, and the place being the place or the most populous of the places where the money was raised:

(d) The advertisement shall be inserted in one or more of the daily newspapers of large circulation in each locality within which the contributions were received:

(e) The advertisement shall be inserted at least 3 times with an interval of not less than 6 days between any 2 insertions.

Cf. 1908, No. 164, s. 35

44. Subsequent advertisement or notice of other newly proposed purpose - Any other contributor may, by advertisement published at least 3 times before the day fixed for the meeting in the newspaper or newspapers in which the original advertisement was published, or by advertisement or notice given or published in the manner approved under subsection (1) of section 50 of this Act for the purpose of calling the meeting of contributors, intimate that he will propose at the meeting some charitable purpose or some proposal relating to the powers of the trustees or the mode of administering the trust other than the purpose or proposal mentioned in the first advertisement or notice of the meeting, and that other purpose or proposal shall be distinctly specified in the advertisements published or the notice given under this section.

Cf. 1908, No. 164, s. 36

45. Proceedings at meetings - The proceedings at the meeting held pursuant to the advertisement or notice shall be conducted in the following manner, that is to say:

(a) The convener, together with any 2 other persons present claiming to be contributors then and there chosen by a majority of the persons present and claiming to be contributors, shall form a claim committee for determining the claims of persons to vote as contributors:

(b) Contributors who by letter addressed to the convener establish their claim to the satisfaction of the claim committee may vote by proxy:

(c) The claims to vote at the meeting having been determined, a list shall be made by the claim committee of the voting contributors, to which may be added by that committee the names of any persons who establish their claims before the conclusion of the proceedings:

(d) The contributors shall choose a chairman, who shall have an original and a casting vote:

(e) If any contributor has, by advertisement or notice published or given under section 44 of this Act, intimated that he will propose a purpose or proposal different from that contained in the advertisement or notice of the convener, the vote of the meeting shall be taken on all the purposes or proposals at once, and that purpose or proposal shall be declared to be adopted for which the greatest number of votes is given:

(f) Any contributor may propose at the meeting that the purpose to which the money shall be applied and the proposal for extending or varying the powers of the trustees or of prescribing or varying the mode of administering the trust shall be one combined of all or any of the following, namely, the existing purpose and the purposes and proposals notified or advertised or any portions thereof, and the meeting may take the same into consideration and vote thereupon at the same time as upon the notified or advertised purposes and proposals:

(g) If any contributor present at the meeting proposes some other purpose or proposal which has not been duly advertised or notified and to which paragraph (f) of this section does not apply, that purpose or proposal shall not be voted on at the meeting, but the meeting may, if it thinks fit, abstain from voting on the advertised or notified or proposed purposes and proposals and adjourn to a future day not less than 10 days thereafter:

(h) The proposer of the other purpose or proposal referred to in paragraph (g) of this section shall, not less than 3 days before the day to which the meeting is adjourned, by advertisement published in the newspaper or newspapers in which the original advertisement was published or by like notice, intimate the specific character of the purpose or proposal which he intends to propose at the resumed meeting:

(i) At the resumed meeting all the purposes and proposals which have been duly notified or advertised or proposed shall be put together to the vote, and that purpose or proposal shall be declared to be adopted for which the greatest number of votes is then given.

Cf. 1908, No. 164, s. 37

46. Scheme committee - After the determination by the meeting of the purpose or proposal, the meeting shall proceed to choose a scheme committee of 3 contributors, who shall within 2 months from the date of the meeting prepare or cause to be prepared a scheme to give effect to the resolution of the meeting.

Cf. 1908, No. 164, s. 38

47. Scheme, etc., to be laid before the Attorney-General - The scheme committee shall, within the period of 2 months last mentioned, lay before the Attorney-General:

(a) A statutory declaration by the convener or the chairman of the meeting detailing the procedure followed and exhibiting a copy of every advertisement and notice and a copy of any minutes of the meeting certified by the chairman thereof

(b) If minutes of the meeting are not available or do not set out in full the resolution adopting the purpose or proposal, a copy of the said resolution certified by the chairman:

(d) Copies of any other purposes or proposals notified, advertised, or proposed.

Cf. 1908, No. 164, s. 39

48. Powers and duties of Attorney-General - (1) The Attorney-General shall in respect of every such scheme have the following powers and duties:

(a) He may remit the proposed scheme to the scheme committee for consideration of any amendments he may suggest:

(b) He shall either approve the scheme as finally submitted by the scheme committee after the committee has considered all amendments suggested by the Attorney-General or he shall report on the scheme; and thereupon he shall deliver his approval or report and the scheme to the committee.

(2) A verified copy of every scheme approved by the Attorney-General, and of the Attorney-General's approval, shall be filed by the committee in the office of the Court at or nearest to the place where the meeting was held; and an approval of a scheme by the Attorney-General under this section shall have the same effect as an approval of the scheme by the Court.

(3) An office copy of any scheme approved by the Attorney-General, and of his approval, shall be sufficient proof of the scheme and approval in the absence of proof to the contrary.

(4) At any time after delivery to the committee of any such report, the committee may apply to the Court for approval of the scheme, and on making any such application shall file therewith the scheme and the report of the Attorney-General thereon.

(5) Every scheme, approval, report, and application which is filed as aforesaid in the office of the Court shall be open to inspection by the public without any fee or charge.

49. Contributor may get back money before date fixed for first meeting of contributors - In any case where any advertisement has been published or any notice has been given in accordance with this Part of this Act specifying a newly proposed charitable purpose for which any money to which this Part of this Act applies may be used, any contributor of any part of the money may, at any time after the publication of the advertisement or the giving of the notice and before the day mentioned in the advertisement or notice for the meeting, or at any time within the period fixed by a written notification to that contributor given under subsection (3) of section 50 of this Act, but not afterwards, demand from that holder the amount of his contribution or a rateable proportion thereof out of the residue left after deductions made for reasonable expenses and expenditure in pursuance of the original purpose and proposals; and, subject to the contributor satisfying the money holder of the fact and amount of his contribution, the money holder shall thereupon pay that amount or proportion to that contributor.

Cf. 1908, No. 164, s. 48

50. Attorney-General or Court may dispense with meeting of contributors - (1) The Attorney-General or the Court may in any case dispense with advertisement in accordance with section 43 of this Act, and may authorise the convener to call the meeting of contributors by notice or advertisement given to the contributors or published in a form and manner approved by the Attorney-General or the Court. Irrespective of whether the scheme which is prepared under this Part of this Act in respect of the money is approved by the Attorney-General or submitted to the Court for approval, any such dispensation and authorisation may be given by either the Attorney-General or the Court at any time either before or after the date on which the notice is given or the advertisement is published or the date on which the meeting is held:

Provided that no such dispensation or authorisation may be given by the Attorney-General in respect of any such scheme after an application has been made to the Court for approval thereof.

(2) Without restricting the provisions of subsection (1), but subject to the provisions of subsection (3), of this section, in any case where, in connection with any scheme or proposed scheme under this Part of this Act, the Attorney-General or the Court considers that no useful purpose proportionate to the trouble and expense involved would be served by holding a meeting of contributors, or by advertising or giving notice, in accordance with this Part of this Act, the Attorney-General or the Court may, on such conditions as he or it thinks fit, dispense with all or any of the requirements of this Part of this Act in connection therewith or incidental thereto, and approve the scheme accordingly; and thereupon all the provisions of this Part of this Act relating to schemes that have been approved under this Part of this Act shall apply to the scheme:

Provided that no such dispensation shall be given unless-

(a) The amount involved is less than [$400]; or

(b) A period exceeding 5 years has elapsed since the contribution or receipt of any part of the money or the sale of any part of the goods.

(3) In any case where the holding of a meeting of contributors or all the requirements of this Part of this Act relating to advertising or the giving of notice of the holding of such a meeting, are dispensed with under subsection (2) of this section, the scheme shall not be approved under that subsection until-

(a) Due inquiries have been made as to whether there are any living contributors whose names and addresses are known or reasonably ascertainable and who have each made contributions exceeding a total of [$20];

(b) Every such contributor has been notified in writing of the proposal and of his right under section 49 of this Act to get back his contribution or part thereof within such period (being not less than 3 weeks after the date on which he is notified) as may be specified in the notification; and

(4) Where any written notification has to be given under subsection (3) of this section, it may be given-

(a) By delivering it to the person to whom it has to be given; or

(b) By leaving it at the usual or last known place of abode in New Zealand of that person; or

(c) By sending it by post in a letter addressed to that person at his usual or last known place of abode, in which case it shall be deemed to have been given at the time at which the letter would have been delivered in the ordinary course of post.

PART V
MISCELLANEOUS PROVISIONS

51. Administration of schemes - (1) Where any voluntary association has been constituted at any place for any charitable purpose within the meaning of Part IV of this Act, and the means for carrying out that purpose are raised by voluntary contributions from time to time, and the business of the association is carried on by office bearers elected by contributors or by a public meeting, it shall be lawful to provide in any scheme approved under Part IV of this Act that the purposes of the scheme may in whole or in part be carried out, and the funds or parts thereof be administered, by any such voluntary association or by the office bearers for the time being of any such voluntary association.

(2) Without restricting the foregoing provisions of this section or the power to make any other provision for carrying out the purposes of any scheme or for administering any property, income, or money to which any scheme applies, it is hereby declared that any scheme approved under Part III or Part IV of this Act may provide that the purposes of the scheme may in whole or in part be carried out, and that any property, income, or money to which the scheme applies may be administered, by-

(a) The trustees of any existing trust for any charitable purpose within the meaning of the Part of this Act under which the scheme is approved; or

(b) Any Hospital Board or the Board of Trustees of any separate institution under [the Hospitals Act 1957]; or

(c) Any corporation, or the governing body of any corporation, which is a trustee of any existing trust for any charitable purpose as defined in the Part of this Act under which the scheme is approved; or

(d) The Public Trustee or any trustees who could be appointed under the Trustee Act 1956.

Cf. 1908, No. 164, ss. 28, 45, 49

In subs. (2) (b) the Hospitals Act 1957, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Hospitals Act 1926.

52. Expenses of scheme - Any scheme prepared and approved under this Act may provide that all reasonable expenses of or incidental to preparing, perusing, and advertising the scheme shall be paid out of and be a charge upon the property or income or money affected.

Cf. 1908, No. 164, ss. 27, 44

53. Jurisdiction of Court in respect of schemes - Where application for approval of any scheme is made to the Court under Part III or Part IV of this Act-

(a) The Court may decide what persons shall be heard before it in support of or in opposition to the scheme:

(b) The Court shall have jurisdiction and authority to hear and determine all matters relating to the scheme:

Cf. 1908, No. 164, s. 42

54. Approval of scheme or refusal by Court to approve scheme to be gazetted - Notice of any approval of a scheme under Part III or Part IV of this Act, or of the refusal of the Court to approve any scheme under Part III or Part IV of this Act, shall be published by the Registrar of the Court in the Gazette as soon as practicable after the date thereof, together (in the case of a refusal) with a statement of the reason for the refusal.

Cf. 1908, No. 164, ss. 24, 25, 42

55. Power to waive non-compliance with procedural requirements - Either the Court or the Attorney-General, when approving a scheme, may waive any non-compliance with the procedural requirements of this Act in relation to the scheme.

56. Restrictions on approval of schemes - (1) No scheme shall be approved by the Court under Part III of this Act, or by the Court or the Attorney-General under Part IV of this Act, unless the Court or the Attorney-General is satisfied-

(a) That the scheme is a proper one, and should carry out the desired purpose or proposal, and is not contrary to law or public policy or good morals; that the scheme can be approved under the Part of this Act under which the approval is sought; that every proposed purpose is charitable within the meaning of that Part of this Act and can be carried out; and that the requirements of that Part of this Act have been complied with in respect of the scheme:

(b) In any case where approval is sought under Part IV of this Act and the Attorney-General has not dispensed under section 50 of this Act with the holding of a meeting of contributors, that the scheme is designed to give effect to the resolution of the meeting of contributors.

(2) No refusal of the Court or the Attorney-General to approve any scheme under this Act shall prevent fresh steps from being taken in accordance with this Act to obtain the approval to any other scheme in respect of the same property, income, or money.

Cf. 1908, No. 164, ss. 20, 40, 42

57. No fee payable to Registrar - No fee shall be payable to the Registrar in respect of any application, scheme, report, order, or document filed or made under Part III or Part IV of this Act.

Cf. 1908, No. 164, s. 23

58. Inquiries into condition and management of charities - (1) It shall be lawful for the Attorney-General from time to time, as he in his discretion may think fit, to examine and inquire into all or any charities in New Zealand, including trusts for charitable purposes within the meaning of Part IV of this Act, and to examine and inquire into the nature and objects, administration, management, and results thereof, and the value, condition, management, and application of the property and income belonging thereto.

(2) The Attorney-General may, instead of himself making any such inquiry or examination, from time to time appoint an officer of the Government service or any person to make the inquiry or examination in any specified case or cases; and it shall be lawful for the officer or person so appointed to examine and inquire into the charity or charities in New Zealand to which his appointment relates, including trusts for charitable purposes within the meaning of Part IV of this Act, and the nature and objects, administration, management, and results thereof, and to examine and inquire into the value, condition, management, and application of the property and income belonging thereto.

(3) It shall be the duty of all trustees and persons acting or having any concern in the management or administration of any such charity into which any such examination or inquiry is being made, or of the property or income thereof, on request, to produce to the Attorney-General or to the officer or person making the examination or inquiry all books, papers, writings, and documents in relation to the charity or the property and income thereof, or to the administration, management, value, condition, and application of that property and income, and to answer all questions and give all assistance in connection with the examination or inquiry which they are reasonably able to answer or give. Every person who acts in contravention of or fails to comply in any respect with any provision of this subsection commits an offence and shall be liable on summary conviction to a fine not exceeding [$40].

(4) Without restricting the generality of the foregoing provisions of this section, it is hereby declared that for the purposes of any such inquiry or examination the provisions of the Commissions of Inquiry Act 1908 shall, so far as they are applicable and with the necessary modifications, apply as if the Attorney-General or the officer or person were a Commission of Inquiry appointed under that Act.

59. Holder of property to transfer it in accordance with scheme - (1) Where any scheme which has been approved by the Court under Part III or Part IV of this Act, or by the Attorney-General under Part IV of this Act, designates any institution, body, or person to hold or receive any property, money, or income under the scheme, the trustees in whom the property, money, or income is vested shall convey, transfer, or pay over the same with all profits or interest which may have accrued thereon to that institution, body, or person; and upon so doing shall no longer be liable in respect of any express or implied trust upon which they held the property, money, or income, except for wilful negligence or misappropriation thereof.

(2) The said trustees may execute all instruments and do all acts necessary for giving effect to this section.

Cf. 1908, No. 164, ss. 29, 46

60. Proceedings to enforce or vary charitable trust or to require a new scheme - (1) Application may be made to the Court by the Attorney-General or any officer of the Government service or person in respect of any property or income subject to a trust for a charitable purpose within the meaning of either Part III or Part IV of this Act, whether or not a scheme in respect of the property or income or money has been approved by the Court under Part III or Part IV of this Act or otherwise, or by the Attorney-General under Part IV of this Act, for an order-

(a) Requiring the trustees to carry out the trusts on which the property or income or money is held, and to comply with the provisions of the scheme (if any):

(b) Requiring any trustee to meet his liability for any breach of trust affecting the property or income or money as the Court may direct:

(c) Excluding any purpose from the purposes for which the property or income or money may be used, applied, or disposed of

(d) Giving directions in respect of the administration of the trust; or in respect of any examination or inquiry under section 58 of this Act; or of any question to be answered or assistance to be given by any person in connection with any such examination or inquiry:

(e) Directing that on and after the date of the order, or on and after any subsequent date specified in the order, the property or income or money subject to the trust shall not be used or applied or disposed of otherwise than in accordance with a scheme which, after the date of the order, is approved by the Court under Part III or Part IV of this Act or otherwise, or by the Attorney-General under Part IV of this Act.

(2) Copies of any such application shall be served on the trustees of the property or income or money, and on the Attorney-General.

(3) On any such application the Court may decide what persons shall be heard before it in support of or in opposition to the application.

(4) On any such application the Court may make such order as it thinks fit.

Cf. 1908, No. 164, ss. 30, 47

61. Alteration of rules of society or corporation not to affect existing trusts - In any case where any company or society or corporation incorporated under this Act or any other Act or otherwise holds any property upon trust for any charitable purpose defined by reference to the rules or other documents constituting the company or society or corporation, no alteration of the said rules or documents shall vary the trusts for the time being affecting any such property, unless the variation is permitted by the instruments creating the trust and defining its purpose or is approved under Part III or Part IV of this Act or is otherwise approved by the court.

[61A. Trusts for recreational and similar purposes - (1) Subject to the provisions of this section, it shall for all purposes be and be deemed always to have been charitable to provide, or assist in the provision of, facilities for recreation or other leisure-time occupation, if the facilities are provided in the interests of social welfare:

Provided that nothing in this section shall be taken to derogate from the principle that a trust or institution to be charitable must be for the public benefit.

(2) The requirement of subsection (1) of this section that the facilities are provided in the interests of social welfare shall not be treated as satisfied unless-

(a) The facilities are provided with the purpose of improving the conditions of life for the persons for whom the facilities are primarily intended; and

(b) Either-

(i) Those persons have need of such facilities as aforesaid by reason of their youth, age, infirmity, disablement, poverty, race, occupation, or social or economic circumstances; or

(ii) The facilities are to be available to the members of the public at large or to the male or female members of the public at large.

(3) Without restricting the generality of the foregoing provisions of this section it is hereby declared that, subject to the said requirement, subsection (1) of this section applies to the provision of facilities at public halls, community centres, and women's institutes, and to the provision and maintenance of grounds and buildings to be used for purposes of recreation or leisure-time occupation, and extends to the provision of facilities for those purposes by the organising of any activity.

(4) Nothing in this section shall be taken to restrict the purposes which would be regarded as charitable if this section had not been passed.

(5) Nothing in this section shall-

(a) Apply to make charitable any trust, or validate any disposition, of property if before the 26th day of June 1963 that property or any property representing or forming part of it, or any income arising from any such property, has been paid or conveyed to, or applied for the benefit of, or set apart for, the persons entitled by reason of the invalidity of the trust or disposition; or

(b) Affect any order or judgment made or given before the commencement of this section; or

(c) Require anything properly done before that day, or anything done or to be done in pursuance of a contract entered into before that day, to be treated for any purpose as wrongful or ineffectual.

(6) Except as provided in subsection (7) of this section, nothing in this section shall require anything to be treated for the purposes of any enactment as having been charitable at a time before the date of the commencement of this section, so as to invalidate anything done or any determination given before that date.

(7) Repealed by s. 101 (1) of the Stamp and Cheque Duties Act 1971.]

Cf. Recreational Charities Act 1958, ss. 1, (U.K.).

This section was inserted by s. 3 of the Charitable Trusts Amendment Act 1963.

[61B. Inclusion of non-charitable and invalid purposes not to invalidate a trust - (1) In this section the term "imperfect trust provision" means any trust under which some non-charitable and invalid as well as some charitable purpose or purposes is or are or could be deemed to be included in any of the purposes to or for which an application of the trust property or any part thereof is by the trust directed or allowed; and includes any provision declaring the objects for which property is to be held or applied, and so describing those objects that, consistently with the terms of the provision, the property could be used exclusively for charitable purposes, but could nevertheless (if the law permitted and the property was not used as aforesaid) be used for purposes which are non-charitable and invalid.

(2) No trust shall be held to be invalid by reason that the trust property is to be held or applied in accordance with an imperfect trust provision.

(3) Every trust under which property is to be held or applied in accordance with an imperfect trust provision shall be construed and given effect to in the same manner in all respects as if-

(a) The trust property could be used exclusively for charitable purposes; and

(b) No holding or application of the trust property or any part thereof to or for any such non-charitable and invalid purpose had been or could be deemed to have been so directed or allowed.

(4) This section shall apply to every trust under which property is to be held or applied in accordance with an imperfect trust provision, whether the trust is declared before or after the commencement of this section:

Provided that this section shall not apply to any trust declared by the will of any testator dying before, or to any other trust declared before, the 26th day of October 1935 (being the date of the passing of the Trustee Amendment Act 1935), if before the 1st day of January 1957 (being the date of the commencement of the Trustee Act 1956)-

(a) The trust has been declared to be invalid by any order or judgment made or given in any legal proceedings; or

(b) Property subject to the imperfect trust provision or income therefrom has been paid or conveyed to, or applied for the benefit of, or set apart for, the persons entitled by reason of the invalidity of the trust.]

This section was inserted by s. 4 (1) of the Charitable Trusts Amendment Act 1963. For an application of this section, see s. 36 (2) (a) of the Race Relations Act 1971.

62. Regulations - (1) The Governor-General may from time to time, by Order in Council, make all such regulations as in his opinion may be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof.

(2) All regulations made under this section shall be laid before Parliament within 28 days after the date of the making thereof if Parliament is then in session, and, if not, shall be laid before Parliament within 28 days after the date of the commencement of the next ensuing session.

63. Repeals, amendments, and savings - (1) The enactments specified in the Third Schedule to this Act are hereby repealed.

(2) Repealed by s. 8 of the Finance Act 1978.

(3) Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the repeal of any provision by this Act shall not affect any document made or any thing whatsoever done under the provision so repealed or under any corresponding former provision, and every such document or thing, so far as it is subsisting or in force at the time of the repeal and could have been made or done under this Act, shall continue and have effect as if it had been made or done under the corresponding provision of this Act and as if that provision had been in force when the document was made or the thing was done.

(4) Where any Board has been duly incorporated under any provision repealed by this Act or under any corresponding former enactment, and the Board is in existence at the commencement of this Act, it shall be deemed to have been duly incorporated under this Act.

(5) Every certificate in respect of a scheme given by the Attorney-General under Part IV of the Religious, Charitable, and Educational Trusts Act 1908 shall be deemed to be an approval of the scheme by the Attorney-General under Part IV of this Act.

----------------

SCHEDULES

-------------

FIRST SCHEDULE

Section 4(2)

MEMORANDUM OF APPOINTMENT OF NEW TRUSTEES

MEMORANDUM of the choice and appointment of new trustees of the following property, namely [Description of property], at a meeting of [Description of congregation, society, or body of persons] duly convened and held for that purpose at or in [Name of place], on [Date], and of which [Name of chairman] was chairman.

Names and description of all the trustees on the constitution or last appointment of trustees made on the......day of................:................

Adam Bell, of......................

Charles Dixon, of .................

Edward Foster, of.................

Names and description of all the trustees in whom the said property now becomes legally vested:

First: Old continuing trustees-

Charles Dixon, of.................

Edward Foster, of.................

Second: New trustees now chosen and appointed-

Benjamin Adams, of.................

Jonathon Edmonds, of...............

Dated this.....................day of ................19...

A. B.,

Chairman of the said Meeting.

Signed by the said A. B., as chairman of the said meeting in the presence of-

C.D.
E.F.

(91) 1 R.S. p. 476

17-21 S. 62(2) RPLD (as from 19/12/89) by s. 11 of 1989 No. 143 (Regulations (Disallowance) Act 1989).

1. We, being trustees for................, hereby apply to be incorporated as a Board under the provisions of the Charitable Trusts Act 1957.

2. We desire the name of the Board to be..............................................................

3. The registered office of the Board is to be at [State an address with sufficient particularity for service by hand and service by post of documents thereat].

4. This application is made with the authority of [State name of society for which the trustees act and mode of authorisation by the society. If there is no such society this should be stated].

5. The said society is not itself incorporated.

6. The following documents are attached to this application: [Here insert a list sufficiently describing and identifying each document].

Dated this......day of.........19...

----------------------

SECOND SCHEDULE

Section 8(3)

Form 2

The Charitable Trusts Act 1957

APPLICATION FOR INCORPORATION OF A SOCIETY AS A BOARD

1. We hereby apply for the incorporation of.........(being a society for charitable purposes which is not yet incorporated and which does not have any incorporated trustees for its general purposes) under the provisions of the Charitable Trusts Act 1957.

2. We make this application as [Insert "the trustees (or the majority of the trustees) for the society" or "members of the society", as the case may be].

3. It is desired that upon incorporation the name of the society should be [Insert "as shown above", or as the case may be].

4. The registered office of the society is to be at [State an address with sufficient particularity for service by hand and service by post of documents thereat].

5. This application is made with the consent of the society given as follows: [State method of authorisation].

6. The following documents are attached to this application: [Here insert a list sufficiently describing and identifying each document].

Dated this......day of......19...

---------------

THIRD SCHEDULE

Section 63(1)

ENACTMENTS REPEALED

1908, No. 164 - The Religious, Charitable, and Educational Trusts Act 1908. (1931 Reprint, Vol. I, p. 774.)

1928, No. 55 - The Religious, Charitable, and Educational Trusts Amendment Act 1928. (1931 Reprint, Vol. I, p. 790.)

1951, No. 29 - The Religious, Charitable, and Educational Trusts Amendment Act 1951.

____________

THE CHARITABLE TRUSTS AMENDMENT ACT 1963

1963, No. 21

An Act to amend the Charitable Trusts Act 1957

[2 October 1963

1. Short Title – This Act may be cited as the Charitable Trusts Amendment Act 1963, and shall be read together with and deemed part of the Charitable Trusts Act 1957 (hereinafter referred to as the principal Act).

2. This section inserted s. 2A in the principal Act.

3. This section inserted s. 61A in the principal Act.

4. (1) This subsection inserted s. 61B in the principal Act.

(2) Section 82 of the Trustee Act 1956 is hereby consequentially repealed.

--------------------------------

This Charitable Trust Act 1957 is administered in the Department of Justice.

PacLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.paclii.org/nu/legis/nu-nz_act/cta1957201