O'Conor Institute Trust Board

[2014] NZHC 1097

IN THE HIGH COURT OF NEW ZEALAND GREYMOUTH REGISTRY

CIV-2014-418-000010 [2014] NZHC 1097

IN THE MATTER OF

THE CHARITABLE TRUSTS ACT 1957

AND IN THE MATTER OF AN APPLICATION BY

A CHARITABLE TRUST CREATED BY THE WILL OF

EUGENE JOSEPH O'CONOR

AND

THE O'CONOR INSTITUTE TRUST BOARD

Applicant

Hearing:	On the papers
Appearances:	J D Silcock for the Applicant
Judgment:	22 May 2014

JUDGMENT OF PANCKHURST J

Introduction

[1]      This is an originating application seeking approval of a scheme under part 3 of the Charitable Trusts Act 1957.   The O’Conor Institute Trust Board runs the O’Conor Home in Westport, a home for the care of the elderly.  The home presently provides hospital and residential care for approximately 34 residents and operates at

98 to 100 per cent capacity.

[2]      For  reasons  more  fully  explained  in  the  affidavit  of Archbishop  Dew  a variation of the trust purposes is sought, together with extended and varied powers vested in the Trust Board and an ancillary direction, to the District Land Registrar, for the removal of a caveat.  The former is sought because the O’Conor Home has always been used for the care of the elderly, whereas the charitable purposes defined

in the will by which the Trust was established were more broadly expressed.  The

THE O'CONOR INSTITUTE TRUST BOARD [2014] NZHC 1097 [22 May 2014]

varied and extended powers are sought by the Trust Board to enable it to sell certain land holdings and apply the proceeds to the improvement of the O’Conor Home, in the first instance the construction of a dementia care facility.  Removal of the caveat is necessary to enable the sale of excess land to proceed.

[3]      The  orders  sought  have  been  considered  by  Ms  Cheryl  Gwyn,  Deputy Solicitor-General,   on   behalf   of   the  Attorney-General.      The   report   for   the Attorney-General concludes that the variation to the trust purposes is appropriate, as are the increased powers sought by the Board.   I am grateful for the assistance contained in that report.

Evaluation

[4]      I am satisfied that it is appropriate to deal with the originating application on the papers and without an in-Court hearing.

[5]      I am also satisfied that approval of the scheme under the Charitable Trusts Act 1957 is appropriate.  Such approval will both align the charitable purposes with the historical performance of the Trust over many years, but also enable the Trust to further its good work in relation to elderly care in the Buller district.

[6]      I  make  orders  as  outlined  in  the  draft  order  filed  with  the  originating application relating to both the scheme itself, and the payment of costs.

Solicitors:

Buddle Findlay, Christchurch