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Charitable Trusts Act 1957

Incorporation of trust boards

23: New trusts, and alterations of rules, trusts, or registered office

You could also call this:

“How to tell the Registrar about changes to your trust or rules”

When a trust board makes changes to its trusts or gets new property with different trusts, they need to tell the Registrar within one month. They must send the Registrar copies of any new documents that show the changes or new trusts. They also need to send a statement explaining the changes or new trusts.

If a trust board changes its rules in a way that affects its trusts, or if it wants to change its office address, it must tell the Registrar within one month. If a board wants to change its address, it needs to give enough details so that people can send things to the new address. The Registrar will then update the address right away.

If a trust board doesn’t do these things within one month, everyone in charge of the board can get in trouble. They might have to pay a fine of 1 shilling for each day they’re late.

If a board was set up before this law started, it can still send the Registrar all the documents it would need if it were starting now. The Registrar might ask for the old documents about how the board was set up to be sent to them as well.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309941.

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Part 2 Incorporation of trust boards

23New trusts, and alterations of rules, trusts, or registered office

  1. If any variation is made in the trusts on which any board holds any property, or if any additional property becomes vested in any board on trusts not completely shown in the declarations and the copies of the relevant parts of wills and declarations of trust and other documents already lodged with the Registrar, then, within 1 month from the date of the variation or vesting, there shall be lodged with the Registrar—

  2. a copy (certified by one of the trustees for the time being constituting the board or by a member of the committee or governing body of the society constituting the board, as a correct copy) of the relevant parts of every scheme, order, will, declaration of trust, and other document which (when read where necessary with the copies and documents already lodged with the Registrar) show the trusts as varied and the trusts on which the additional property is vested in the board; and
    1. a statutory declaration by any such trustee or member setting forth the variation of the trusts or the trusts on which the additional property is held so far as they are not shown in any such scheme, order, will, declaration of trust, or other document.

      1. If any alteration is made in the rules or other documents providing for the constitution of any board, and the alteration is made in accordance with section 61 and affects the trusts on which any property is held or is to be held, or if any board desires to alter the address of its registered office, notice of the alteration or desired alteration shall be given to the Registrar within 1 month from the date thereof. Where any board gives notice under this subsection of its desire to alter the address of its registered office and specifies a new address for its registered office with sufficient particularity to enable documents to be served by hand and served by post, the Registrar shall forthwith alter the registered address accordingly.

      2. If in any case the requirements of this section are not complied with within any such period of 1 month, each of the trustees for the time being incorporated as the board, or each member of the committee or other governing body of the society incorporated as the board, and each officer of the board, commits an offence and shall be liable on conviction to a fine not exceeding 1 shilling for every day thereafter during which the default continues.

      3. Where any board has been incorporated before the commencement of this Act, the board may at any time lodge with the Registrar all or any of the documents or copies and declarations which it would be required to lodge with the Registrar on an application for incorporation made after the commencement of this Act; and (if the Registrar so requests) the memorial and all other documents and copies which were filed in connection with the incorporation of the board may be transferred to the Registrar.

      Notes
      • Section 23(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).