The terms of the Hamblin Trust, which is a charitable trust required the Court to approve any amendments to the deed. In 2014 the Board purported to amend the power of variation to delete the requirement for Court approval. The matter came before the Court after the Board became aware that the power of variation could not be used unilaterally to remove the requirement for Court approval.
The Board then sought Court approval for the variations that had been made without approval.
As noted at [10] the Court may vary the terms of a charitable trust pursuant to the Charitable Trusts Act 1957, the Trusts Act 2019 or its inherent jurisdiction.
Prior to the matter being heard the Attorney General approved the proposed amendments for the purposes of the Charitable Trusts Act (and to the extent necessary pursuant to section 130 of the Trusts Act). The Court then waived the requirement for advertising pursuant to section 36 of the Charitable Trusts Act permitting the variation to be advertised on the Charity’s website.
Pursuant to section 55 of the Charitable Trusts Act the Court waived the requirements of section 36 of the Charitable Trusts Act (permitting approval of a scheme of amendments). Pursuant to section 33 of the Charitable Trusts Act (extension of powers or alteration of mode of administration) and section 130 of the Trusts Act, which permits the Court to vary or extend trustee powers in specified circumstances the Court approved the proposed variations.
The variations included a modified power of variation that dispensed with the requirement for Court approval.
The Court also ordered that the amendments took effect from the original Board resolutions pursuant to section 133 of the Trusts Act and the Court’s inherent jurisdiction.
References:
- Hamblin Trust Board [2026] NZHC 3317
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