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Charitable trusts

This category contains 15 posts

Termination – a bridge too far?

An Application by the Roman Catholic Bishop of the Diocese of Hamilton explores the question as to whether the Court has the power pursuant to its inherent jurisdiction to wind up a charitable trust (and by default the interplay between s 64 of the Trustee Act 1956 and s 33 of the Charitable Trusts Act 1957).  … Continue reading

Donation tax credit limitation

  On 3 March 2020, Supplementary Order Paper (SOP) No 453 was introduced into Parliament. This SOP proposes a number of remedial and technical amendments to the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Bill. One of the proposed amendments is an amendment to to s LD 3 of the Income Tax Act 2007, which … Continue reading

Expedient

Re Eliza White Board of Management considers the practical aspects of laying a scheme before the Court when a charitable trust’s purposes become “no longer possible, practicable or expedient.” While fact specific the case provides useful guidance as to the matters to traverse in such applications. References: Re Eliza White Board of Management [2019] NZHC … Continue reading

Proper and reasonable

Until his removal in 2014 Toni Waho was a trustee of the Te Kōhanga Reo National Trust (the Trust), a trust that promotes the use and retention of Te Reo.  Me Waho was removed as a trustee on grounds that he had brought the Trust into disrepute by raising matters relating to the Trust and its … Continue reading

When is it ok to ask for directions?

Two recent decisions regarding directions in the context of charitable trusts provide some useful guidance regarding the parameters of s 66 of the Trustee Act 1956.  In line with the title to this blog – the conclusion reached is that it is permissible to ask for directions if lost, but not in circumstances where you … Continue reading

Another Charitable Trust needs attention

By her will, Emma Ann O’Connor, who died in December 1937, left the residue of her estate on trust for certain specific purposes: “(a) For the repair and painting of the Waimea Catholic Church at regular intervals as may seem necessary and expedient to my said trustees; (b) In the upkeep and maintenance of the … Continue reading

The passage of time

Times change, and so do charitable purposes. The recent case of Re Otago Foundation Trust Board highlights that even a charity set up with the best of good intentions might run the risk of becoming moribund owing to societal changes. The original trust was settled under the will of Robert Campbell in 1904. It left … Continue reading

Who is doing what?

There are currently 27,322 registered charities in New Zealand with a combined reported annual income of $16,505 million. What is sometimes overlooked is all the people behind the scenes who make all this happen.  Making sure that everyone who makes these things happen know their responsibilities and obligations is a significant undertaking. It has been reported … Continue reading

Amending charitable trusts to include powers of variation

There are a large number of charitable trusts in New Zealand.  The reason for this is not well understood: see How Charitable is New Zealand for some insight. One of the issues that arises, perhaps more in New Zealand than elsewhere, due to the number of charitable trusts, is that the trustees are not always … Continue reading

Greenpeace appeal result – one all draw

The Supreme Court decision in the Greenpeace appeal has been released.  The judgment of the court is that: The appeal against the Court of Appeal’s determination that a political purpose cannot be a charitable purpose is allowed (by a 3:2 majority) The appeal against the Court of Appeal’s determination that purposes or activities that are … Continue reading

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