Charitable Trusts Act 1957

Reprint as at 5 December 2013

Charitable Trusts Act 1957

Public Act1957 No 18
Date of assent4 October 1957
Commencementsee section 1(2)

Note

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.


Contents

Title

1 Short Title and commencement

2 Interpretation

2A Principal Act to bind the Crown

Part 1
Vesting of property

3 Property to vest in trustees or their successors

4 Evidence of appointment of trustees

5 Transfer of properties

Part 2
Incorporation 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 3
Schemes 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 4
Schemes 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 5
Miscellaneous 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 1
Memorandum of appointment of new trustees

Schedule 2
Forms of application for incorporation as a board

Schedule 3
Enactments 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).