634

NEW ZEALAND GAZETTE

No. 26

Charitable Trusts Act Notices

Advertisement of Order Approving Scheme

M. No. 34/94

In the High Court of New Zealand, Christchurch Registry

Under the Charitable Trusts Act 1957, and in the matter of a trust fund held by The University of Canterbury, for the purposes of two scholarships known as The Don McKenzie University Scholarship and the McKenzie-Villers Primary Schools' Scholarship which trust was established by the late Sir J. R. McKenzie during his lifetime:

Between—The University of Canterbury—Plaintiff:

And—Her Majesty's Attorney General for New Zealand—Defendant:

Notice is hereby given, pursuant to section 54 of the Charitable Trusts Act 1957, that the scheme advertised in the New Zealand Gazette on the 12th day of February 1992, has been approved in terms of the following order made in the High Court of New Zealand at Christchurch on the 19th day of September 1994.

Upon reading the statement of claim, the report of the Attorney-General, the affidavit of Noreen Therese Olivia Robb, sworn on 1 February 1994, the affidavits of Roy Allan McKenzie sworn on 11 March 1994 and 4 April 1994, the affidavit of Alexander Donald McBeath as to advertising and the statement of facts, submissions and scheme for extension of powers and alteration of mode of administration of trust and upon hearing Mr A. C. Hughes-Johnson of counsel for the plaintiff, Ms M. Soper of counsel for the defendant and Mr R. S. Challis in person this Court orders:—

1. That the amended scheme, comprising the Schedule of proposed amendments attached (Schedule A) and the following further amendments:—

(i) the words "British parents" are deleted and the words "New Zealand citizens" substituted;

(ii) the reference to "Christchurch West High School" is to be amended to its correct present title of "Hagley High School";

(iii) the references to boxing and rowing area to be deleted but ski-ing, cricket and basketball are to be added;

be approved under the provisions of Part III of the Charitable Trusts Act 1957 so that the scheme is now in the form of attached Schedule B.

2. That the trustee be directed to re-transfer to Sir Roy McKenzie the 5000 B shares in Rangitira Limited.

3. That the costs of and incidental to this proceeding together with disbursements, be fixed by the Registrar and be paid out of the trust fund.

Schedule A

Under the Charitable Trusts Act 1957, and in the matter of a trust fund held by The University of Canterbury, for the purposes of two scholarships known as The Don McKenzie University Scholarship and the McKenzie-Villers Primary Schools' Scholarship which trust fund was established by the late Sir J. R. McKenzie during his lifetime:

Between—The University of Canterbury—Plaintiff:

And—Her Majesty's Attorney General for New Zealand—Defendant:

Schedule of Proposed Amendments

The proposed scheme/McKenzie-Villers

It is proposed therefore that the regulations should be amended as follows (the original provisions with original paragraph numbers being stated prior to the intended amendment):—

(1) "Open to boys attending a public, primary or intermediate school for not less than one year in the Canterbury Education District whose age does not exceed 13 years on the 1st day of December in the year of the Examination and who are born of British parents."

This provision should be amended to refer to the former Canterbury Education District. The requirement for candidates to be born of British parents should be deleted. The word "selection" should replace the words "the Examination".

(2) "The scholarship entitles the winner to the sum of 50 pounds per annum for three years to be applied:—

(a) for a boarding allowance and fees; and

(b) for purchase of class books required at any registered public or private secondary boarding school in the Canterbury Education District.

Where a candidate becomes a day pupil, the amount of 10 pounds per annum only will be applied for the purchase of class books and/or to other school activities in which he may be interested and another 15 pounds towards school fees (if any) and including sports or other club fees, if any. The balance remaining will be returned to the fund.

Where a candidate enters as a boarder, the full amount of 50 pounds will be paid."

The scholarship entitles the winner to a maximum of $3,000.00 per annum for three years to be applied:—

(a) for boarding allowance and fees and

(b) for the purchase of class books required that any registered public or private secondary boarding school in the former Canterbury Education District.

Where a candidate becomes a day pupil an amount of up to $1,000.00 will be applied for the purchase of class books and/or other school activities to which he may be interested and another $1,000.00 towards school fees (if any) and including sports or other club fees, if any. The balance remaining will be returned to the fund.

Where a candidate enters as a boarder, an amount of up to $3,000.00 will be paid.

(3) "The scholarship examination to be held once every year—the first to take place in November 1943 ... 100 marks".

Applications for the scholarship are to considered by the Board of Selection hereafter defined and the selection of candidates shall be in the absolute discretion of the Board of Selection which shall take into account the recommendations of the principal of the candidate's school and such other information as may seem appropriate.

"The scholarship is to be under the control of the Canterbury University College and the winning candidate can select any of the following schools:—

Christchurch Boy's High School

Christ's College

St Andrews College"