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Charitable Trusts Act 1957

Miscellaneous provisions

53: Jurisdiction of court in respect of schemes

You could also call this:

“Court decides who can speak about and approve charity plans”

When someone asks a court to approve a scheme under Part 3 or Part 4 of the law, the court has the power to do a few things:

First, the court can decide who gets to speak for or against the scheme. This means they choose who can give their opinion about whether the scheme is a good idea or not.

Second, the court has the authority to look at and make decisions about everything related to the scheme. They can consider all the details and issues that come up.

Lastly, the court can decide to approve the scheme. They might approve it exactly as it is, or they might make some changes to it first. It’s up to the court to decide what they think is best.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309986.

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52: Expenses of scheme, or

"How to pay for making and sharing a plan for charitable trusts"

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54: Approval of scheme or refusal by court to approve scheme to be gazetted, or

"Court's decision on charity plans must be announced publicly"

Part 5 Miscellaneous provisions

53Jurisdiction of court in respect of schemes

  1. Where application for approval of any scheme is made to the court under Part 3 or Part 4—

  2. the court may decide what persons shall be heard before it in support of or in opposition to the scheme:
    1. the court shall have jurisdiction and authority to hear and determine all matters relating to the scheme:
      1. the court may make an order approving the scheme with or without modification, as it thinks fit.

        Compare
        • 1908 No 164 s 42