Page 46 Advertisements Column 4

Press, 19 February 1986, Page 46

Public Notices IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY No. M724/85 IN THE MATTER of the Judicature Act 1908 AND IN THE MATTER of the Charitable Trusts Act 1957 AND IN THE MATTER of “The Twigger Endowments” Charitable Endowments created under the Will of JOHN TWIGGER, deceased AND IN THE MATTER of an application by THE CANTERBURY HOSPITAL BOARD having its office at Christchurch and acting as Trustee of the said Trust for the approval of a scheme under Section 35 of the said Act Applicant NOTICE is hereby given that on Friday the 7th day of March 1986 at 10 o’clock In the forenoon, counsel for the above-named applicant WILL MOVE the High Court sitting at Christchurch for an order that the scheme dated the 2nd day of October 1984 and set out hereunder be approved. THE SCHEME THE CANTERBURY HOSPITAL BOARD (hereinafter referred to as “The Trustee”) constituted under Section 25 of the Hospitals Act 1957 pursuant to Part 111 of the Charitable Trusts Act 1957 hereby seeks an order for the variation of the disposition of income from and for the alteration of the mode of administering trust funds vested in The Trustee as sole Trustee of The Twigger Endowments for a charitable purpose: WHEREAS: (I) The Will of John Twigger made on 6th March 1885, Probate of which was granted by the Supreme Court at Canterbury on 10th November 1885 (hereinafter referred to as “The Will”) provides that The Twigger Endowments should have been divided into three equal parts, each separate from the others and each enjoying its own profit and bearing its own losses. (II) The Twigger Endowments have never been so divided and remain undivided. (ill) Section 157 A of the Hospitals Act 1957 is inconsistent with the provisions of The Will In that it provides that The Trustee shall pay to the Ashburton Hospital Board for the Tuarangl Home one third of the net income derived from the trust known as the Twigger Bequest which is the same trust referred to herein as The Twigger Endowments. (iv) The Will provides that the objects for which The Twigger Endowments should be held are The Ashburton Home (now known as the Tuarangl Home), The Christchurch Female Refuge and The Canterbury Orphanage, but the second and third of these institutions are defunct and those objects have therefore failed. It Is therefore impossible for the Trustee to carry out The Christchurch Female Refuge and The Canterbury Orphanage endowments. (v) The Trustee is claimant in a claim dated 30th March 1983 under the Public Works Act 1981 for compensation from the Commissioner of Works and Development for loss of and to land forming part of the Twigger Endowments arising out of the taking of part of that land and the construction of a Motorway. THE TRUSTEE IS THEREFORE HEREBY EMPOWERED. 1. To continue to hold the Twigger Endowments as one undivided fund. 2. To pay-the Income derived from The Twigger Endowments to the following beneficiaries in the percentages shown: (a) 3316 per cent to the Ashburton Hospital Board for the Tuarangl Home as required by Section 157 A of the Hospitals Act 1957 (b) 26% per cent to the Canterbury Hospital Board for its service known as the Child and Family Guidance Centre, Whakatata House for the establishment and operation of a day unit (c) 6% per cent to the Women’s Refuge Centre (Inc) Society Christchurch (d) 13% per cent to the Nurse Maude District Nursing Association for the provision of home aid services for mothers and new babies in the Canterbury Hospital Board district who are at some social disadvantage or subject to undue stress (e) 3% per cent to Birthright (Christchurch) Incorporated (f) 16% per cent in the discretion of the Trustee to any or all of the beneficiaries set out in (b) to (e) above provided that no beneficiary shall receive more than 33% per cent of the income in any one financial year or invested in a second capital fund to be known as “The Second Twigger Fund.” The Income from “The Second Twigger Fund” shall be paid to the objects set out in (b) to (e) hereof in the following percentages: (b) 40 per cent (c) 10 per cent (d) 20 per cent (e) 5 per cent The remaining 25 per cent of income from this “The Second Twigger Fund” shall, in the absolute discretion of the Trustee be either captallsed or paid to all or any of the beneficiaries prescribed by Paragraphs (b) to (e) inclusive but with the proviso that no beneficiary shall receive more than 50 per cent of the income in any one financial year from this “the Second Twigger Fund.” 3. To capitalise the accrued income payable to the Christchurch Female Refuge and the Canterbury Orphanage Endowment but not paid to beneficiaries at the time of the approval of this scheme by the High Court by adding it to “The Second Twigger Fund” or in the discretion of the Trustee to pay any or all such income to one or more of the objects set out in 2(b) to (e) above. 4. To capitalise any compensation paid pursuant to the claim dated 30th March 1983 under the Public Works Act 1981 by adding it to the Twigger Endowments. Any person desiring to oppose , the scheme shall give written notice of his intention to do so not less than seven (7) clear days before the 7th day of March 1986 to the following: (1) To The Registrar, High Court, Christchurch and, (2) To The Canterbury Hospital Board, C/- its solicitors, Messrs Lane Neave Ronaldson, Level 7, Amur! Courts, 293 Durham Street, Christchurch and, (3) To the Attorney-General,' C/- The Crown Law Office, Law Society Building, 46 Waring Taylor Street, Wellington. This is the third publication of this advertisement.