Notice of Application for Approval of a Scheme
CIV-2007-404-7989
In the High Court of New Zealand, Auckland Registry
In the matter of the Charitable Trusts Act 1957, and in the matter of an originating application under Part 4A of
the High Court Rules for orders empowering disposal
of a property and approving a scheme to extend and vary the powers of the trustees and to vary the mode of administration of the assets of the Mary Atkin Trust created under the terms of the will of Mary Atkin, spinster, late of Kohimarama, deceased
James Buttle, Peter Buttle and Andrew Buttle, the present trustees of the Mary Atkin Trust—Applicants
Notice is hereby given that on Wednesday, 5 March 2008 at 10.00am or so soon thereafter as counsel can be heard, the above application by the above-named trustees will be heard in the High Court at Auckland.
The application seeks orders:
(1) authorising the sale of the house at Kohimarama and the land on which it stands;
(2) authorising the trustees to hold the proceeds of such sale upon trust for the charitable purposes set forth in the scheme submitted in lieu of the original charitable purpose; and
(3) otherwise approving the extension and variation of the powers of the trustees as set out in the scheme. The scheme would authorise the application of trust funds for the benefit of missionaries on furlough or who may be aged or in bad health, by providing them with or contributing towards their residential accommodation or retirement home or rest home
or hospital care and facilities, in such manner and
on such terms as the trustees shall think fit (with preference to be given, if practicable, to Anglican missionaries from Melanesia or Methodist ministers from the South Sea Islands); with additional powers to buy and sell property, to borrow and to mortgage, and to acquire or grant leases or tenancies.
Any person desiring to oppose the scheme must, not less than 7 clear days before the date of hearing, give written notice of his/her intention to do so to the Registrar of
the High Court at Auckland, to the Attorney-General at Wellington, and to the applicants.
The address for service of the applicants is at the offices of their solicitors, Jackson Russell, 3rd Floor, Fonterra Centre, 9 Princes Street, Auckland.
Dated this 19th day of December 2007.
R. N. T. NORRIS, Solicitor for the Applicants.