Plain language law

New Zealand law explained for everyone

Charitable Trusts Act 1957

Schemes in respect of certain charitable trusts

35: Scheme to be laid before Attorney-General

You could also call this:

“Attorney-General reviews new trust plans before court approval”

When you create a scheme for a charitable trust under this part of the law, you need to show it to the Attorney-General. You should also give the Attorney-General all the important facts about why you want to make the changes in your scheme. You need to include copies of any documents that help explain your scheme.

The Attorney-General can do two things with your scheme. They can send it back to you with suggestions for changes. They can also write a report about your final scheme after you have thought about their suggestions.

After you get the Attorney-General’s report, you can ask the court to approve your scheme. When you do this, you need to give the court your scheme and the Attorney-General’s report.

You should file your application at the court office closest to where most of the trustees live or where the property is. If the property is not land and most of the trustees live outside New Zealand, you file it at a court office the Attorney-General chooses. Sometimes, the Attorney-General or the court might let you file at a different court office.

Anyone can look at your application, scheme, and the Attorney-General’s report for free.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309963.

Topics:
Business > Industry rules Government and voting > Government departments
Previous

34: Trustees may prepare a scheme, or

"Trustees can make a plan to change how they manage a charity's money and property"

Next

36: Scheme to be advertised, or

"Tell everyone about changes to a charitable trust before the court decides"

Part 3 Schemes in respect of certain charitable trusts

35Scheme to be laid before Attorney-General

  1. Every scheme prepared under this Part shall be submitted to the Attorney-General, together with full information as to all the facts upon which it is proposed to make the disposition set out in the scheme, and with copies of any instruments necessary to explain the scheme so prepared; and the Attorney-General shall, in respect of every such scheme, have the following powers and duties:

  2. he may remit the proposed scheme to the trustees for consideration of any amendments he may suggest:
    1. he shall report on the scheme as finally submitted by the trustees after they have considered such amendments (if any) as are suggested by the Attorney-General, and shall deliver the report to the trustees.

      1. At any time after delivery to them of the report of the Attorney-General, the trustees may apply to the court for approval of the scheme, and on making any such application shall file therewith the scheme and the report of the Attorney-General thereon.

      2. Every such application shall be filed in the office of the court at or nearest the place where the trustees or the majority of them reside or the property is situated, or, if the property is personal property and the trustees or the majority of them reside out of New Zealand, then in some office of the court specified by the Attorney-General: provided that any such application may be filed in an office of the court approved by the Attorney-General or the court.

      3. The application, scheme, and report shall be open for inspection by the public without any fee or charge.

      Compare
      • 1908 No 164 s 17