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Charitable Trusts Act 1957

Miscellaneous provisions

56: Restrictions on approval of schemes

You could also call this:

“Rules for approving special plans for charitable purposes”

You need to know about some rules for approving special plans called schemes. These schemes are checked by the court or the Attorney-General to make sure they’re okay.

For a scheme to be approved, it needs to be proper and do what it’s meant to do. It can’t go against the law, what people think is right, or good behaviour. The scheme has to fit with the rules in the part of the law it’s being approved under. Everything the scheme wants to do must be for charity and possible to do. The scheme also needs to follow all the rules in that part of the law.

If people are asking for approval under Part 4 of the law, there’s an extra rule. Usually, people who give money (called contributors) have a meeting to talk about the scheme. The Attorney-General can say they don’t need this meeting. But if there is a meeting, the scheme needs to do what the people at the meeting decided.

If the court or the Attorney-General says no to a scheme, that’s okay. You can try again with a different scheme for the same property, money, or income. You just need to follow the rules in this law when you try again.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309989.

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Part 5 Miscellaneous provisions

56Restrictions on approval of schemes

  1. No scheme shall be approved by the court under Part 3, or by the court or the Attorney-General under Part 4, unless the court or the Attorney-General is satisfied—

  2. that the scheme is a proper one, and should carry out the desired purpose or proposal, and is not contrary to law or public policy or good morals; that the scheme can be approved under the Part of this Act under which the approval is sought; that every proposed purpose is charitable within the meaning of that Part of this Act and can be carried out; and that the requirements of that Part of this Act have been complied with in respect of the scheme:
    1. in any case where approval is sought under Part 4 and the Attorney-General has not dispensed under section 50 with the holding of a meeting of contributors, that the scheme is designed to give effect to the resolution of the meeting of contributors.

      1. No refusal of the court or the Attorney-General to approve any scheme under this Act shall prevent fresh steps from being taken in accordance with this Act to obtain the approval to any other scheme in respect of the same property, income, or money.

      Compare
      • 1908 No 164 ss 20, 40, 42