Plain language law

New Zealand law explained for everyone

Charitable Trusts Act 1957

Schemes in respect of charitable funds raised by voluntary contribution

48: Powers and duties of Attorney-General

You could also call this:

“The Attorney-General can change, approve, or report on plans for money raised for good causes”

The Attorney-General has special powers and duties when it comes to schemes for charitable funds raised by voluntary contributions. Here’s what you need to know:

The Attorney-General can suggest changes to the scheme and send it back to the committee to think about. After the committee has looked at all the suggested changes, the Attorney-General will either approve the scheme or write a report about it. Then, they will give their approval or report, along with the scheme, to the committee.

If the Attorney-General approves the scheme, the committee must file a verified copy of the scheme and the approval at the nearest court office to where the meeting was held. When the Attorney-General approves a scheme, it’s just as good as if the court approved it.

An office copy of the approved scheme and the Attorney-General’s approval is enough proof that the scheme is real, unless someone can prove otherwise.

If the Attorney-General writes a report instead of approving the scheme, the committee can ask the court to approve it. They need to give the court the scheme and the Attorney-General’s report when they do this.

Anyone can look at the scheme, approval, report, or application that’s filed at the court office. You don’t have to pay anything to see these documents.

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 It might be out of date or be missing some parts.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=DLM309979.

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

47: Scheme, etc, to be laid before the Attorney-General, or

"Giving important papers about your group's plan to the Attorney-General"

Next

49: Contributor may get back money before date fixed for first meeting of contributors, or

"You can ask for your donation back before the meeting about changing the charity's purpose"

Part 4 Schemes in respect of charitable funds raised by voluntary contribution

48Powers and duties of Attorney-General

  1. 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 scheme committee for consideration of any amendments he may suggest:
    1. he shall either approve the scheme as finally submitted by the scheme committee after the committee has considered all amendments suggested by the Attorney-General or he shall report on the scheme; and thereupon he shall deliver his approval or report and the scheme to the committee.

      1. A verified copy of every scheme approved by the Attorney-General, and of the Attorney-General's approval, shall be filed by the committee in the office of the court at or nearest to the place where the meeting was held; and an approval of a scheme by the Attorney-General under this section shall have the same effect as an approval of the scheme by the court.

      2. An office copy of any scheme approved by the Attorney-General, and of his approval, shall be sufficient proof of the scheme and approval in the absence of proof to the contrary.

      3. At any time after delivery to the committee of any such report, the committee 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.

      4. Every scheme, approval, report, and application which is filed as aforesaid in the office of the court shall be open to inspection by the public without any fee or charge.