AUCKLAND MEDICAL AID TRUST

[2024] NZHC 3282

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2023-404-003082 [2024] NZHC 3282

UNDER

Trust Act 2019 and the Charitable Trusts Act 1957

BETWEEN

AUCKLAND MEDICAL AID TRUST

Plaintiff

Hearing:	On the papers
Appearances:	J W A Johnson and D E Archibald for Applicants P J Gunn and O Kiel for Attorney-General
Judgment:	6 November 2024

JUDGMENT OF ANDREW J

This judgment was delivered by Justice Andrew on 6 November 2024 at 4.00 pm

pursuant to r 11.5 of the High Court Rules 2016 Registrar / Deputy Registrar

Date …………………………

AUCKLAND MEDICAL AID TRUST [2024] NZHC 3282 [6 November 2024]

Introduction

[1]    This is an originating application brought under the Trust Act 2019 and the Charitable Trusts Act 1957 to vary the terms of the Auckland Medical Aid Trust.

[2]    The applicant, the Auckland Medical Aid Trust, seeks to update the terms of its Trust Deed. These revisions aim to modernise the terms of the Auckland Medical Aid Trust Deed in alignment with the Trust Act that offer the trustees more flexibility in advancing the applicant’s charitable objectives moving forward.

[3]    In accordance with the report of the Attorney-General dated 26 April 2024, the Attorney-General endorses the variations to cls 4 and 5 of the Trust Deed and considers the broad drafting of the proposed cl 10 more appropriate.

[4]    Counsel for the Attorney-General filed a memorandum dated 29 October 2024 with this Court, confirming her satisfaction with the proposed amendments to the Trust Deed.

[5]    On 3 October 2024, and in accordance with the directions of this Court, the applicant posted a summary of the proposed amendments to its Trust Deed on its website. In accordance with the originating application, the advertisement remained on the applicant’s website for 21 days. Upon the expiry of that deadline, the applicant received no objections for the proposed variations.

Decision

[6]    I am satisfied that the applicant has established a proper and sound basis for the making of the orders sought. The proposed amendments are necessary and desirable for the proper management of the trust property.

[7]I note broadly that the effect of the amendments is to:

(a)entitle the trustees of Auckland Medical Aid Trust to leave the administration and management of the centre to the directors of that company, and to make clear that the trustees of Auckland Medical Aid

Trust are neither obliged nor bound to interfere in the administration or management of the centre;

(b)modify certain of the default duties contained in the Trust Act 2019 to the extent permitted by law; and

(c)introduce a power whereby the trustees of the Auckland Medical Aid Trust can amend administrative provisions of the Auckland Medical Aid Trust Deed.

Result

[8]I make the following orders:

(a)I direct the applicant to vary the Trust Deed in the manner set out at exhibit NXD-001 in the supplementary affidavit of Dr Nesta Devine dated 19 August 2024 (and re-stated at appendix 1 to the originating application); and

(b)I direct that the costs of this application may be met from the corpus of the trust fund on an indemnity basis.

Andrew J