Charitable Trusts Act 1957

Miscellaneous provisions

60: Proceedings to enforce or vary charitable trust or to require a new scheme

You could also call this:

"How to ask the court for help when charity money isn't used properly"

You can ask the court for help if you think someone isn't using money or property correctly when it's meant for charity. This applies to trusts that are covered in Parts 3 or 4 of the law. You can do this even if there's already a plan in place for how the money or property should be used.

When you ask the court for help, you can ask them to do different things. You can ask them to make the trustees follow the rules, or to make a trustee pay for any mistakes they've made. You can also ask the court to stop the money being used for certain things, or to give instructions on how to manage the trust.

If you want to ask the court for help, you need to tell the trustees and the Attorney-General about it. The court will decide who gets to speak about the request. In the end, the court can make any decision it thinks is right.

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This page was last updated on 15 April 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309993.

Topics:

Crime and justice > Courts and legal helpBusiness > Industry rules

59: Holder of property to transfer it in accordance with scheme, or

"Property holders must give property to new owners when a plan is approved"

61: Alteration of rules of society or corporation not to affect existing trusts, or

"Changing an organisation's rules doesn't change how they must use money or property given for charity"

Part 5Miscellaneous provisions

60Proceedings to enforce or vary charitable trust or to require a new scheme

Application may be made to the court by the Attorney-General or any officer of the Government service or person in respect of any property or income subject to a trust for a charitable purpose within the meaning of either Part 3 or Part 4, whether or not a scheme in respect of the property or income or money has been approved by the court under Part 3 or Part 4 or otherwise or by the Attorney-General under Part 4, for an order—
requiring the trustees to carry out the trusts on which the property or income or money is held, and to comply with the provisions of the scheme (if any):
requiring any trustee to meet his liability for any breach of trust affecting the property or income or money as the court may direct:
excluding any purpose from the purposes for which the property or income or money may be used, applied, or disposed of:
giving directions in respect of the administration of the trust; or in respect of any examination or inquiry under section 58; or of any question to be answered or assistance to be given by any person in connection with any such examination or inquiry:
directing that on and after the date of the order, or on and after any subsequent date specified in the order, the property or income or money subject to the trust shall not be used or applied or disposed of otherwise than in accordance with a scheme which, after the date of the order, is approved by the court under Part 3 or Part 4 or otherwise, or by the Attorney-General under Part 4.

Copies of any such application shall be served on the trustees of the property or income or money, and on the Attorney-General.
On any such application the court may decide what persons shall be heard before it in support of or in opposition to the application.
On any such application the court may make such order as it thinks fit.

Compare

1908 No 164 ss 30, 47