27 FEBRUARY
THE NEW ZEALAND GAZETTE
909

notice in writing of his intention to do so. The notice must state the name, address, and description of the person, or if a firm, the name, address, and description of the firm, and an address for service within 3 miles of the office of the High Court at Christchurch, and must be signed by the person or firm, or his or their solicitor (if any), and must be served, or, if posted, must be sent by post in sufficient time to reach the above-named petitioner’s address for service not later than 4 o’clock in the afternoon of the 11th day of March 1986.

2007

In the High Court of New Zealand
Christchurch Registry
M. No. 27/86

IN THE MATTER OF THE COMPANIES ACT 1955, AND IN THE MATTER OF REFLECTIONS OF ELEGANCE LIMITED, a duly incorporated company having its registered office at 7 Bishopdale Court, Christchurch:

NOTICE is hereby given that a petition for the winding up of the above-named company by the High Court was, on the 31st day of January 1986, presented to the said Court by AUSTIN BROWN (1973) LIMITED; and that the said petition is directed to be heard before the Court sitting at Christchurch on the 12th day of March 1986 at 10 o’clock in the forenoon; and any creditor or contributory of the said company desirous to support or oppose the making of an order on the said petition may appear at the time of hearing in person or by his counsel for that purpose; and a copy of the petition will be furnished by the undersigned to any creditor or contributory of the said company requiring a copy on payment of the regulated charge for the same.

G. M. BRODIE, Solicitor for the Petitioner.

This notice is filed by Geoffrey Martin Brodie, solicitor for the petitioner. The petitioner’s address for service is at Messrs Anthony Polson & Co., Solicitors, 776 Colombo Street, Christchurch.

NOTE—Any person who intends to appear on the hearing of the said petition must serve on, or send by post to, the above-named, notice in writing of his intention to do so. The notice must state the name, address, and description of the person, or if a firm, the name, address, and description of the firm, and an address for service within 3 miles of the office of the High Court at Christchurch, and must be signed by the person or firm, or his or their solicitor (if any), and must be served, or, if posted, must be sent by post in sufficient time to reach the above-named petitioner’s address for service not later than 4 o’clock in the afternoon of the 11th day of March 1986.

2069

In the High Court of New Zealand
Dunedin Registry
M. No. 5/86

IN THE MATTER OF THE COMPANIES ACT 1955, AND IN THE MATTER OF LOOFAN PRODUCTS LIMITED, a duly incorporated company having its registered office at Dunedin and carrying on business there as a manufacturer:

NOTICE is hereby given that a petition for the winding up of the above-named company by the High Court was, on the 11th day of February 1986, presented to the said Court by CREATIVE ADVERTISEMENT LIMITED, a duly incorporated company having its registered office at Dunedin; and that the said petition is directed to be heard before the Court sitting at Dunedin on the 20th day of March 1986 at 10 o’clock in the forenoon; and any creditor or contributory of the said company desirous to support or oppose the making of an order on the said petition may appear at the time of hearing in person or by his counsel for that purpose; and a copy of the petition will be furnished by the undersigned to any creditor or contributory of the said company requiring a copy on payment of the regulated charge for the same.

J. D. LARGE, Solicitor for the Petitioner.

This notice was filed by James Douglas Large, solicitor for the petitioner. The petitioner’s address for service is at the offices of Messrs Smith McKinnon, Solicitors, Second Floor, Queens Gardens Court, 5 Crawford Street, Dunedin.

NOTE—Any person who intends to appear on the hearing of the said petition must serve on, or send by post to, the above-named, notice in writing of his intention to do so. The notice must state the name, address, and description of the person, or if a firm, the name, address, and description of the firm, and an address for service within 3 miles of the office of the High Court at Dunedin, and must be served, or, if posted, must be sent by post in sufficient time to reach the above-named petitioner’s address for service not later than 4 o’clock in the afternoon of the 19th day of March 1986.

2110

In the High Court of New Zealand
Christchurch
M. No. 724/85

IN THE MATTER OF THE JUDICATURE ACT 1908 AND IN THE MATTER OF THE CHARITABLE TRUSTS ACT 1957 AND IN THE MATTER OF “THE TWIGGER ENDOWMENTS” CHARITABLE ENDOWMENTS, created under the Will of JOHN TWIGGER, deceased and IN THE MATTER of an application by THE CANTERBURY HOSPITAL BOARD having its office at Christchurch and acting as trustee of the said trust for the approval of a scheme under section 35 of the said Act—

Applicant:

NOTICE is hereby given that on Friday, the 7th day of March 1986 at 10 o’clock in the forenoon, counsel for the above-named applicant will move the High Court sitting at Christchurch for an order that the scheme dated the 2nd day of October 1984 and set out hereunder be approved.

THE SCHEME

THE CANTERBURY HOSPITAL BOARD (hereinafter referred to as “the trustee”) constituted under section 25 of the Hospitals Act 1957, pursuant to Part III of the Charitable Trusts Act 1957 hereby seeks an order for the variation of the disposition of income from and for the alteration of the mode of administering trust funds vested in the trustee as sole trustee of the Twigger Endowments for a charitable purpose:

WHEREAS:

(i) The Will of John Twigger made on the 6th day of March 1885, Probate of which was granted by the Supreme Court at Canterbury on the 10th day of November 1885 (hereinafter referred to as “The Will”) provides that the Twigger Endowments should have been divided into three equal parts, each separate from the others and each enjoying its own profit and bearing its own losses.

(ii) The Twigger Endowments have never been so divided and remain undivided.

(iii) Section 157A of the Hospitals Act 1957 is inconsistent with the provisions of the Will in that it provides that the trustee shall pay to the Ashburton Hospital Board for the Tuarangi Home one-third of the net income derived from the trust known as the Twigger Bequest which is the same trust referred to herein as the Twigger Endowments.

(iv) The Will provides that the objects for which the Twigger Endowments should be held are the Ashburton Home (now known as the Tuarangi Home), the Christchurch Female Refuge and the Canterbury Orphanage, but the second and third of these institutions are defunct and those objects have therefore failed. It is therefore impossible for the trustee to carry out the Christchurch Female Refuge and the Canterbury Orphanage Endowments.

(v) The trustee is claimant in a claim dated the 30th day of March 1983 under the Public Works Act 1981 for compensation from the Commissioner of Works and Development for loss of and to land forming part of the Twigger Endowments arising out of the taking of part of that land and the construction of a motorway.

THE TRUSTEE IS THEREFORE HEREBY EMPOWERED:

1. To continue to hold the Twigger Endowments as one undivided fund.

2. To pay the income derived from the Twigger Endowments to the following beneficiaries in the percentage shown:

(a) 33⅓ percent to the Ashburton Hospital Board for the Tuarangi Home as required by section 157A of the Hospitals Act 1957

(b) 26⅔ percent to the Canterbury Hospital Board for its service known as the Child and Family Guidance Centre, Whakatata House for the establishment and operation of a day unit

(c) 6⅔ percent to the Womens Refuge Centre (Inc.) Society Christchurch

(d) 13⅓ percent to the Nurse Maude District Nursing Association for the provision of home aid services for mothers and new babies in the Canterbury Hospital Board district who are at some social disadvantage or subject to undue stress.

(e) 3⅓ percent to Birthright (Christchurch) Incorporated

(f) 16⅔ percent in the discretion of the trustee to any or all of the beneficiaries set out in (b) to (e) above provided that no beneficiary shall receive more than 33⅓ percent of the income in any one financial year or invested in a second capital fund to be known as “the Second Twigger Fund”. The income from “the Second Twigger Fund” shall be paid to the objects set out in (b) to (e) hereof in the following percentages:

(b) 40 percent
(c) 10 percent
(d) 20 percent
(e) 5 percent