Global Connections in Mission v Mandeno HC Palmerston North CIV 2008-454-604

[2008] NZHC 2651

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

CIV 2008-454-604

IN THE MATTER OF     the Charitable Trusts Act 1957

AND

IN THE MATTER OF     a charitable trust established by Deed dated

31 July 1974 constituting Missionary Funds

(NZ) Incorporated

AND

IN THE MATTER OF     a charitable trust established by deed dated

23 June 1995 constituting Missionary

Services New Zealand

AND

IN THE MATTER OF     the Will of the late Norman Lloyd

Frederick Mercer

BETWEEN  GLOBAL CONNECTIONS IN MISSION Applicant

ANDHEATHER JOSEPHINE MANDENO Respondent

Hearing:

28 October 2008

Counsel:

(Heard at Wellington)

D McLay for Applicant

Judgment:

28 October 2008

ORAL JUDGMENT OF MILLER J

[1]      Before me is an application under s32 of the Charitable Trusts Act 1957,

seeking orders as follows:

GLOBAL CONNECTIONS IN MISSION V HEATHER JOSEPHINE MANDENO HC PMN CIV 2008-454-

604  28 October 2008

2.1approving   amalgamation   of   Missionary   Funds   (NZ)   Inc   and Missionary Services New Zealand into the charitable trust board Global Connections in Mission (“the amalgamated trust board”);

2.2      that  the  amalgamated  trust  board  succeed  to  all  the  property  of

Missionary Funds (NZ) Inc and Missionary Services New Zealand;

2.3that any bequest or gift to Missionary Funds (NZ) Inc or Missionary Services New Zealand take effect as a bequest or gift to the amalgamated trust board (including the bequest of the late Normal Lloyd Frederick Mercer, who died on 14 July 2005, to Missionary Funds (NZ) Inc);

2.4that  the  amalgamated  trust  board  succeed  to  all  the  debts  and liabilities  of  Missionary Funds  (NZ)  Inc  and  Missionary Services New Zealand.

[2]      Missionary  Funds  (NZ)  Inc  and  Missionary  Services  New  Zealand  are charitable trusts set up for religious purposes.  They support the overseas missionary work  of  a  group  of  churches  known  as  Open  Brethren  or  Christian  Brethren Churches.   Both have been removed from the Register of Incorporated Societies pursuant to resolutions of the trustees.  The trustees wish to transfer the assets of the trusts to another charitable trust called Global Connections in Mission.  It shares the same general objects.

[3]      A number of bequests have been made in which Missionary Funds (NZ) Inc or Missionary Services New Zealand have been named as the beneficiary.  One such bequest was made by the late Mr M L F Mercer, who died on 14 July 2005 leaving a legacy to Missionary Funds (NZ) Inc.

[4]      Before me are an affidavit of William Henry Stormer, a trustee of the three trusts.  He is also the Secretary of each of the trusts.  I have also considered a report of the Attorney General dated 10 July 2008 and a memorandum from the administrator of the estate of Mr Mercer.  Copies of the proceedings have been sent

to the other beneficiaries under his Will.  The scheme has also been advertised.  No one has come forward to oppose it.

[5]      I am satisfied that it is inexpedient to carry out the purposes of Missionary Funds (NZ) Inc and Missionary Services New Zealand.   Accordingly, jurisdiction exists to dispose of the property and income of the trusts, and the legacy made by Mr Mercer, for some other charitable purpose.

[6]      I am also satisfied for purposes of s56 that the scheme is a proper one, that its purpose is charitable, and that the requirements of Part III of the Act have been satisfied.  The purpose is charitable as being for the advancement of religion, and it corresponds closely to the terms of the original trusts.  I record that these conclusions correspond to the report of the Attorney General.

[7]      There will be orders in terms of the application.   The Attorney is to have costs of $750.00.

Miller J

Solicitors:

Fitzherbert Rowe, Palmerston North for Applicant

Gaze Burt, Auckland for Respondent