Reprint as at 5 December 2013
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
This Act is administered by the Ministry of Justice.
Title
1 Short Title and commencement
2 Interpretation
2A Principal Act to bind the Crown
Part 1Vesting of property
3 Property to vest in trustees or their successors
4 Evidence of appointment of trustees
5 Transfer of properties
Part 2Incorporation of trust boards
6 Interpretation
7 Trustees may apply for incorporation
8 Society may apply for incorporation
9 Manner in which society may authorise application
10 Applications for incorporation
11 Registration of boards
12 Evidence of incorporation
13 Effect of incorporation
14 Vesting of property
15 Name of board
16 Change of name
17 Right to appeal to court
18 Service on a board
19 Form of contracts
20 Presumption of validity of acts of trustees, etc
21 Powers in respect of property
22 Power to incorporate for charitable purposes under other Acts
23 New trusts, and alterations of rules, trusts, or registered office
24 Voluntary liquidation of society as a board
25 Liquidation of a board by court
26 Dissolution by Registrar
26A Registrar may inquire whether board still carrying on operations
27 Distribution of surplus assets
28 Register of boards and seal of Registrar
29 Inspection, production, and evidence of documents kept by Registrar
30 Exemption from fees
Part 3Schemes in respect of certain charitable trusts
31 Interpretation
32 Property may be disposed of for other charitable purposes
33 Extension of powers or alteration of mode of administration of trust
34 Trustees may prepare a scheme
35 Scheme to be laid before Attorney-General
36 Scheme to be advertised
37 Opposition to scheme
Part 4Schemes in respect of charitable funds raised by voluntary contribution
38 Meaning of term charitable purpose in this Part
39 Funds to which this Part applies
40 Property may be disposed of for other charitable purposes
41 Extension of powers or alteration of mode of administration of trust
42 Contributor or money holder may proceed under this Part
43 Convening meeting of contributors
44 Subsequent advertisement or notice of other newly proposed purpose
45 Proceedings at meetings
46 Scheme committee
47 Scheme, etc, to be laid before the Attorney-General
48 Powers and duties of Attorney-General
49 Contributor may get back money before date fixed for first meeting of contributors
50 Attorney-General or court may dispense with meeting of contributors
Part 5Miscellaneous provisions
51 Administration of schemes
52 Expenses of scheme
53 Jurisdiction of court in respect of schemes
54 Approval of scheme or refusal by court to approve scheme to be gazetted
55 Power to waive non-compliance with procedural requirements
56 Restrictions on approval of schemes
57 No fee payable to Registrar
58 Inquiries into condition and management of charities
59 Holder of property to transfer it in accordance with scheme
60 Proceedings to enforce or vary charitable trust or to require a new scheme
61 Alteration of rules of society or corporation not to affect existing trusts
61A Trusts for recreational and similar purposes
61B Inclusion of non-charitable and invalid purposes not to invalidate a trust
62 Regulations
63 Repeals, amendment, and savings
Schedule 1Memorandum of appointment of new trustees
Schedule 2Forms of application for incorporation as a board
Schedule 3Enactments repealed
Reprint notes
An Act to consolidate and amend certain enactments of the Parliament of New Zealand relating to charitable trusts
Title: amended, on 1 January 1987, pursuant to section 29(2) of the Constitution Act 1986 (1986 No 114).