Spirit of Adventure Trust Board

[2015] NZHC 1212

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2015-404-832 [2015] NZHC 1212

UNDER

Section 64A of the Trustee Act 1956

IN THE MATTER

of an application by the SPIRIT OF ADVENTURE TRUST BOARD, a duly incorporated charitable trust board having its registered office at Auckland

Applicant

Hearing:	(on the papers)
Judgment:	3 June 2015

JUDGMENT OF WOODHOUSE J

This judgment was delivered by me on 3 June 2015 at 2:00 p.m. pursuant to r 11.5 of the High Court Rules 1985.

Registrar/Deputy Registrar

……………………………………

Solicitors:

Mr M R Crotty and Mr A J Nelder, Russell McVeagh, Solicitors, Auckland

RE SPIRIT OF ADVENTURE TRUST BOARD [2015] NZHC 1212 [3 June 2015]

[1]      The Spirit of Adventure Trust Board has applied under s 64A of the Trustee Act 1956 to vary the terms of a charitable trust deed.  The application is necessary because the existing trust deed has no clause entitling the Board, or its member trustees, to vary the terms.  As a result the Board itself could vary the terms only if all the beneficiaries of the Trust consent.  It is not possible to obtain a consent of all beneficiaries because they are an unascertained group – young people of New Zealand.

[2]      The application was supported by a comprehensive affidavit of Mr Stephen Fisher, the current chairman of the Spirit of Adventure Trust Board.   Having read that affidavit and the supporting documents, I was satisfied that the order sought should be made.   This was subject to two minor points, which are appropriately described as points of drafting.

[3]      The points of drafting have been clarified in a supplementary affidavit from

Mr Fisher and a memorandum of counsel.

[4]      Applying  the  provisions  of  s 64A of  the  Trustee Act  and  the  principles developed in the cases I am satisfied that the application should now be granted. Accordingly, there is an order approving the deed of variation and restatement of the terms of the Spirit of Adventure Trust.  The order is to be in the form filed on 29

May 2015.

Woodhouse J