Trinity Schools Trust Board HC Wellington CIV-2011-435-3

[2011] NZHC 1220

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2011-435-3

UNDER  the Charitable Trusts Act 1957

IN THE MATTER OF     Trinity Schools Trust Board a charitable trust established by deed dated 20 January

1921

BETWEEN  TRINITY SCHOOLS TRUST BOARD Applicant

Hearing:         7 March 2011

(Heard at Wellington) Counsel: G Kelly for Board Judgment:     7 March 2011

JUDGMENT OF JOSEPH WILLIAMS J

In accordance with r 11.5, I direct the Registrar to endorse this judgment with the delivery time of 5.00pm on the 7th March 2011.

TRINITY SCHOOLS TRUST BOARD HC WN CIV-2011-435-3 7 March 2011

Solicitors:

Greg Kelly Law Limited, PO Box 25243, Wellington

[1]      Trinity School’s Trust Board applies under s 33 of the Charitable Trusts Act

1957 to vary its 1921 Trust Deed.  The aim of the variations is three-fold.  The first, to streamline the governance structure of the Board by reducing the number of trustees to what is seen to be a more manageable level.  The second, is to shorten the tenure of trustees to a more appropriate level with the exception of that relating to the  Bishop  of  Wellington.    The  third,  and  more  general  aim,  is  to  otherwise modernise the Trust document in a way that does not upset either the integrity or purpose of the original objects of the Trust.

[2]      The detailed proposal is fully set out in the affidavit of John Paul Greenwood in support of the application.  Mr Greenwood is a solicitor and a trustee.  The deed variation is annexed as Exhibit B to his affidavit.  Having considered the redrafted deed, I am satisfied that the proposed changes are consistent with the three aims outlined.

[3]      The  Board  operates  three  Anglican  schools  in  Wairarapa.     They  are Rathkeale, Hadlow, and St Matthews and the changes relate to the administration of those three schools hence the name of the Trust Board as Trinity Schools Trust Board.

[4]      The amended scheme as I have outlined has been advertised three times in the Wairarapa Times Age as required by s 36 of the Charitable Trusts Act, and there is as far as counsel is aware, no opposition to the changes.

[5]      In  addition, the Attorney-General in accordance with his functions under ss 35 and 56 of the Charitable Trusts Act has provided a report to the court after considering all the relevant documentation accompanying the application.   The Attorney-General reports through Ms Cheryl Gwyn, the Deputy Solicitor-General, that he is well satisfied that the scheme should be approved in that it is likely to facilitate the better administration of the Trust.

[6]      Section 37 requires me to be satisfied that the new scheme will facilitate the carrying out of the Trust and having considered all of the material including and most particularly the independent report of the Attorney-General, I am well satisfied that that is the position.

[7]      Accordingly, there will be orders in terms of the application of 21 December

2010.  It is in order that the costs of the Attorney-General be met by the Board so an order for $750.00 costs in favour of the Attorney-General is also made.

Joseph Williams J