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Charitable Trusts Act 1957

Schemes in respect of certain charitable trusts

36: Scheme to be advertised

You could also call this:

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

When you want to change how a charitable trust works, you need to tell people about it first. Here’s what you need to do:

You must put a notice in the Gazette, which is a special government newspaper. You also need to put the notice in a regular newspaper that people read in the area where the court is. You have to put this notice in the regular newspaper at least three times, and wait at least six days between each time you put it in. You need to do this before the court looks at your request to change the trust.

The first time you put the notice in the newspaper, it should be no more than three months and no less than one month before the day the court will look at your request.

In the notice, you need to tell people about the changes you want to make to the trust. You also need to say when the court will look at your request. The notice should say that if anyone doesn’t like the changes, they need to tell the Registrar, the trustees, and the Attorney-General in writing. They have to do this at least seven days before the court date.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309964.

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35: Scheme to be laid before Attorney-General, or

"Attorney-General reviews new trust plans before court approval"

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37: Opposition to scheme, or

"How to tell people you don't agree with a charity's plan"

Part 3 Schemes in respect of certain charitable trusts

36Scheme to be advertised

  1. Before any such application is considered by the court, notice of the application shall be given as hereafter provided in this section once in the Gazette, and at least 3 times with an interval of not less than 6 days between any 2 insertions in 1 newspaper circulating in the judicial district in which is situated the office of the court in which the application has been filed. The first such notice shall be so published not more than 3 months and not less than 1 month before the date proposed for the consideration of the scheme by the court.

  2. Every such notice shall give particulars of the scheme, shall state the date proposed for the hearing of the application by the court, and shall require any person desiring to oppose the scheme to give written notice of his intention to do so to the Registrar and the trustees and the Attorney-General not less than 7 clear days before that date.

Compare
  • 1908 No 164 s 18