New Zealand Playcentre Federation Incorporated

[2018] NZHC 1532

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2018-404-000612

[2018] NZHC 1532

IN THE MATTER

of the Charitable Trusts Act 1957

AND IN THE MATTER

of a charitable trust governed by deed dated May 2013 constituting the NEW ZEALAND PLAYCENTRE FEDERATION INCORPORATED

BETWEEN

NEW ZEALAND PLAYCENTRE FEDERATION INCORPORATED

First Applicant

AUCKLAND PLAYCENTRES ASSOCIATION INCORPORATED

Second Applicant

BULLER-WESTLAND PLAYCENTRE ASSOCIATION INCORPORATED

Third Applicant

CANTERBURY PLAYCENTRE ASSOCIATION INCORPORATED

Fourth Applicant

/continued over

Hearing:	25 June 2018
Counsel:	DE McLay for Applicants
Judgment:	25 June 2018

ORAL JUDGMENT OF DOWNS J

Solicitors/Counsel: Nielson law, Hamilton. DE McLay, Wellington.

NEW ZEALAND PLAYCENTRE FEDERATION INC [2018] NZHC 1532 [25 June 2018]

CENTRAL DISTRICTS PLAYCENTRE ASSOCIATION INCORPORATED

Fifth Applicant

CENTRAL HAWKES BAY PLAYCENTRE ASSOCIATION INCORPORATED

Sixth Applicant

COUNTIES PLAYCENTRE ASSOCIATION INCORPORATED

Seventh Applicant

EASTERN BAY OF PLENTY PLAYCENTRE ASSOCIATION INCORPORATED

Eighth Applicant

EAST WAIKATO PLAYCENTRE ASSOCIATION INCORPORATED

Ninth Applicant

FAR NORTH PLAYCENTRE ASSOCIATION INCORPORATED

Tenth Applicant

HAWKES BAY PLAYCENTRE ASSOCIATION INCORPORATED

Eleventh Applicant

HUTT PLAYCENTRE ASSOCIATION INCORPORATED

Twelfth Applicant

KING COUNTRY PLAYCENTRE ASSOCIATION INCORPORATED

Thirteenth Applicant

MID-CANTERBURY PLAYCENTRE ASSOCIATION INCORPORATED
Fourteenth Applicant

NORTHLAND PLAYCENTRE ASSOCIATION INCORPORATED

Fifteenth Applicant

NELSON PLAYCENTRE ASSOCIATION INCORPORATED

Sixteenth Applicant

SOUTHLAND PLAYCENTRE ASSOCIATION INCORPORATED

Seventeenth Applicant

SOUTH CANTERBURY PLAYCENTRE ASSOCIATION INCORPORATED

Eighteenth Applicant

TAMAKI PLAYCENTRE ASSOCIATION INCORPORATED

Nineteenth Applicant

TAIRAWHITI PLAYCENTRE ASSOCIATION INCORPORATED

Twentieth Applicant

TARANAKI PLAYCENTRE ASSOCIATION INCORPORATED

Twenty-first Applicant

TE AKORANGA PLAYCENTRE ASSOCIATION INCORPORATED

Twenty-second Applicant

THAMES VALLEY COROMANDEL PLAYCENTRE ASSOCIATION INCORPORATED
Twenty-third Applicant

MARLBOROUGH PLAYCENTRE ASSOCIATION INCORPORATED
Twenty-fourth Applicant

NORTH SHORE PLAYCENTRE ASSOCIATION INCORPORATED

Twenty-fifth Applicant

OTAGO PLAYCENTRE ASSOCIATION INCORPORATED

Twenty-sixth Applicant

ROTORUA PLAYCENTRE ASSOCIATION INCORPORATED

Twenty-seventh Applicant

WAIKATO PLAYCENTRE ASSOCIATION INCORPORATED

Twenty-eighth Applicant

WAIRARAPA PLAYCENTRE ASSOCIATION INCORPORATED

Twenty-ninth Applicant

WANGANUI PLAYCENTRE ASSOCIATION INCORPORATED

Thirtieth Applicant

WELLINGTON PLAYCENTRE ASSOCIATION INCORPORATED

Thirty-first Applicant

WESTERN BAY OF PLENTY PLAYCENTRE ASSOCIATION INCORPORATED

Thirty-second Applicant

[1]    The New Zealand Playcentre Federation Incorporated and 31 regional playcentres seek approval of a scheme under s 33 of the Charitable Trusts Act 1957, by which all applicants would be amalgamated into a single trust.

[2]    The application has been advertised. And, is unopposed. The Attorney-General has reviewed the proposed scheme (as required by s 35 of the Act). The Attorney considers the proposed scheme is consistent with the Act.

[3]    I agree. I am also satisfied the proposed scheme should be approved.  Many of the regional playcentres have experienced losses. Others are in “financial trouble”. Amalgamation into a single federation would reduce governance and financial reporting obligations—and presumably cost—in turn facilitating focus on charitable purpose.

[4]The application is granted. The scheme is approved.

……………………………..

Downs J