NEW ZEALAND GAZETTE, No. 37

29 MARCH 2012

Charitable Trusts Act Notices

Estate of Rita Maud Dallow

Notice of Application for Approval of a Scheme

CIV-2012-409-304

In the High Court of New Zealand, Christchurch Registry.
In the matter of the Charitable Trusts Act 1957, and in the matter of the estate of Rita Maud Dallow, late of Christchurch (deceased):

Notice is hereby given that Julie Christine Jack and Patrick Joseph Power, as trustees of the will of Rita Maud Dallow, late of Christchurch, widow, deceased, have filed in the High Court at Christchurch an application for approval of a scheme varying the terms of the will under which the deceased’s residuary estate is held.

Under the will, the residuary of the estate is to be held on trust for “The Children’s Heart and Lung Transplant Foundation absolutely”. No such entity exists.

Under this scheme, the trustees will pay and transfer the residuary estate to Auckland DHB Charitable Trust for the benefit of the Children’s Heart and Lung Transplant Service so that capital and income may be applied and used for the objectives of the Children’s Heart and Lung Transplant Service of promoting the health and well-being of children in relation to heart and lung transplant services as specified in the scheme.

Copies of the scheme and the report of the Attorney-General may be inspected, free of charge, at the office of the Registrar of the High Court at Christchurch and at the offices of Saunders & Co, solicitors for the trustees, at 162 Kendal Avenue, Burnside, Christchurch.

This application is set down for hearing in the High Court at Christchurch on 30 May 2012 at 9.30am.

Any person desiring to oppose the scheme is required to give notice of their intention to do so to:

(a) the Registrar of the High Court at Christchurch; or
(b) to Saunders & Co, solicitors for the trustees, at 162 Kendal Avenue, Burnside, Christchurch 8053; or
(c) the Attorney-General, Crown Law Office, PO Box 2858, Wellington 6140

not less than seven clear days before the above-mentioned date.

Dated at Christchurch this 23rd day of March 2012.

J. M. KIRKLAND, Solicitor for the Applicants.

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THE NEW ZEALAND GUARDIAN TRUST COMPANY LIMITED

Application for Approval of a Scheme of Variation

This is to give notice that on 6 June 2012, THE NEW ZEALAND GUARDIAN TRUST COMPANY LIMITED (“Guardian Trust”) will ask the High Court at Wellington for an order, under sections 32 and 33 of the Charitable Trusts Act 1957, varying the trusts created by the last will of Phoebe Maunsell, late of “Rathkeale”, Masterton (deceased).

The effect of the proposed variation will be that:

(a) 4/7th of the net annual income each year will be distributed for the encouragement and promotion of New Zealand literature, art and music, instead of $2,000.00 per annum, as provided for in the will;

(b) 3/7th of the net annual income each year will be paid to the Wairarapa Cultural Trust instead of $1,500.00 per annum being paid to The Museum of New Zealand Te Papa Tongarewa Board for the exhibition of the “Mr & Mrs Beresford Maunsell Collection”, as provided for in the will; and

(c) Guardian Trust’s authority to select another organisation in place of the Wairarapa Cultural Trust, if the Wairarapa Cultural Trust ceases to exist or no longer meets the requirements set out in the will, will be clarified.

The proposed variation also makes other incidental administrative changes. However, it will not alter the charitable purposes of those trusts.

Any person who wishes to oppose the variation must give seven days’ notice in writing of their intention to do so to:

(a) the Registrar of the High Court at Wellington; and
(b) Guardian Trust, care of the offices of Greg Kelly Law, PO Box 25243, Wellington 6146 (Attention: Chris Kelly); and
(c) the Attorney-General, Crown Law Office, PO Box 2858, Wellington 6140.

To make an appointment to view the proposed variation of the will, please telephone (04) 498 8506 or email chris.kelly@trustlaw.co.nz

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General Notices

Notice of Claim

This notice is pursuant to section 101(2) of the Public Trust Act 2001.

To all creditors and claimants of COLIN SMITH CONTRACTING LIMITED (a company that ceased trading in September 2010):

The sum of $18,172.95 has been paid to Public Trust to hold in the name of the deregistered company.

A claim has now been lodged by the shareholders of COLIN SMITH CONTRACTING LIMITED.

Public Trust proposes paying the amount of the claim, less associated costs, to the shareholders, subject to no notice of an alternative claim being received on or prior to 26 April 2012.

Any persons having any interest in priority to the claimant must submit a claim to Public Trust, PO Box 13245, Tauranga Central, Tauranga 3141 (Attention: Trish Voelkerling) on or prior to the above-mentioned date.

Note: This is the first and only notice of this claim.

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