2044 NEW ZEALAND GAZETTE No. 89

given of my intention to replace the same by the issue of new or provisional instruments and to register a discharge of mortgage without production of the outstanding duplicate of same upon the expiration of 14 days from the date of the Gazette containing this notice.

Schedule
Deferred payment licence 5A/468 in the name of Leonard Peter John Kerston. Application 091755.1.
Memorandum of mortgage 079827.3 affecting the above to Land Corporation Limited. Application 091755.1.
Certificates of title 3D/360 and 3D/361 in the names of Kenneth John Beams and Marie Cecilia Beams. Application 091830.1

Dated at the Land Registry Office, Hokitika, this 12th day of June 1992.

M. J. O’BRIEN, Senior Assistant Land Registrar.

The instruments of title described in the Schedule hereto having been declared lost, notice is hereby given of my intention to replace the same by the issue of new or provisional instruments upon the expiration of 14 days from the date of the Gazette containing this notice.

Schedule
(i) Certificate of title 250/267 in the name of John McQueen White and Linda Jane Ruth White. Application 806530.
(ii) Certificate of title 1C/739 in the name of Seaport Operations Limited. Application 806728.

Dated at the Land Registry Office, Dunedin this 10th day of June 1992.

I. F. TONGA, District Land Registrar.

Charitable Trusts Act Notices

Notice of Application for Approval of a Scheme

The Millson Memorial Trust

In the High Court of New Zealand, Blenheim Registry
In the matter of the Charitable Trusts Act 1957, and in the matter of a certain will of George Millson dated the 19th day of October 1967.

Statement of Facts:

1. By his will dated on the 19th day of October 1967, George Millson, horticulturalist of Blenheim, who died on the 27th day of October 1968 at Blenheim, bequeathed to his trustees certain property upon trust as a trust fund to be called “The Millson Memorial Trust”, the funds of the trust to be dealt with as follows:

(a) The initial funds of the trust shall be invested in New Zealand Government Stock or New Zealand Local Authorities Stock for terms which will yield the best possible rate of interest.

(b) The interest received on the said initial funds of the trust and all subsequent interest earned shall forthwith on being received be in turn invested in New Zealand Government stock or New Zealand Local Authorities Stock so that the funds of the trust shall increase as rapidly as possible.

(c) At the expiration of 50 years after the date of my death or at such earlier date as my trustees shall consider there is sufficient accumulation of funds in my residuary estate to permit the carrying out of the commencement of the carrying out of the objects of The Millson Memorial Trust as hereinafter set out my trustees shall call together a meeting of senior citizens of recognised ability and good character with a view to the establishment of a garden settlement free of any church or public body influence or control, my purpose and my direction being that such garden settlement is to exist as a self-supporting community where retired people of 60 years of age or over and in good financial circumstances may live in congenial surroundings. Such meeting of senior citizens shall be called upon to form a committee of 5 members who will act as elected representatives of those who are to occupy the garden settlement and the said committee (the personnel of which may from time to time be altered by majority vote of the settlers assembled at a duly called meeting) shall act in conjunction with my trustees in ensuring that the spirit and intention of this my will is carried out.

(d) There shall be purchased by my trustees a suitable site in a convenient setting in either the Marlborough or the Nelson district and there shall be erected upon such site cottages, cabins or other suitable accommodation for the housing of the settlers, each of whom shall pay a rent for the cottage or cabin or other accommodation of a sufficient amount to cover a reasonable proportion of the general overhead costs of the garden settlement and to provide an additional amount for the improvement or expansion of the settlement.

(e) I leave it to the discretion of my trustees in conjunction with the committee of senior citizens above referred to, to decide upon the type of living accommodation to be erected on the garden settlement but with due regard to my general object and intention that the settlement shall be a place of beauty and superior quality for the benefit of the elderly people who are not provided for by the government or by the churches or charitable organisations (as in the case of pensions and In firm persons) but who have the means to afford accommodation of a good type and are desirous of living in a special community with others similarly placed for the sake of companionship and conviviality. It is accordingly my direction that the buildings shall be so designed and placed as to create an obviously well-planned and attractive property.

Submissions:

1. The trust falls within the provisions of Section 32 (1) of the Charitable Trusts Act 1957, in particular in that the amount available is inadequate to carry out the purpose of the trust.

2. The proposed scheme satisfies the provisions of Section 56 of the Act, in that the scheme is a proper one and carries out the desired purpose, and is not contrary to law or public policy or good morals; that the scheme is charitable and can be carried out.

3. That the scheme very closely follows the wishes of the testator refer re Goldwater 1967 New Zealand Law Reports 754, and re Twigger Endowments H.C. Christchurch M. 724/85.

Scheme: