Whereas by deed bearing date 12 February 1940, made between John Robert McKenzie, of Christchurch, merchant (hereinafter referred to as the donor), of the one part, and Alfred William Duncan, company manager, and Sir Alexander Fowler Roberts, Knight of the British Empire, both of Wellington, of the other part, it was provided that the Board of Trustees thereby constituted should on receipt of the annual income of the trust funds comprised in the said deed, after paying and discharging all costs, charges, and expenses properly incurred from time to time in relation to the administration of the trusts created by the said deed, divide the said annual income which should arise into 5 equal parts and use and apply such equal parts within the Dominion of New Zealand for the purposes thereinafter set forth and/or any of them:

And whereas the purpose of application of 4 of the said 5 equal parts was set out as being:

• (a) for the benefit of soldiers, sailors, airmen, and/or members of the mercantile marine who, being permanently domiciled within the Dominion of New Zealand, should have served or should serve in any war in which New Zealand had been or at any time should be engaged, and who should have suffered or should suffer temporary or permanent disability, or whose opportunities for advancement in life or earning a livelihood had been or should be prejudiced as a result of war service:

• (b) for the benefit of the Royal New Zealand Society for the Health of Women and Children (Incorporated) for the general purposes of the organisation known as the Plunket Society:

• (c) for the benefit of delicate, ill, ailing, or backward children, who might be in need of special medical, surgical, or curative treatment or special educational instruction or vocational training and who for the time being should be under the age of 16 years, with power, nevertheless, in necessitous cases, to extend such limitation as to age to 17 years if thought fit:

  provided, however, that the class of child eligible for benefit thereunder should not be deemed to include that class defined in the constitution of the New Zealand Crippled Children Society, for which class provision appeared already to have been made:

And whereas by the said deed the said Board of Trustees was invested with the discretion as to apportionment and the power of exclusion therein set out:

And whereas the purpose of application of the remaining 1 of the said 5 equal parts was set out as being:

for any charitable or educational purpose or purposes in the Dominion of New Zealand selected by the said Board of Trustees, with power to vary the purpose or purposes from time to time and, if thought fit, to apply all or any part thereof for the specified objects (a), (b), and (c) thereinbefore stated, or any of them:

And whereas provision was made in the said deed for the setting up and constitution of the said Board of Trustees and for the management, administration, and performance of the trusts created by the said deed, including power for the Board to make rules and regulations for the purpose of governing its own acts and proceedings in such manner as might be deemed expedient:

And whereas the said Board of Trustees was duly constituted, and reappointments and new appointments have been made in conformity with the provisions of the said deed:

And whereas the said Board has met at regular intervals, and up to the present time a sum of 35,600 pounds has been received and disbursed by the said Board in performance of the trusts established by the said deed:

And whereas experience has shown that the said Board is unduly restricted by the division of the net annual income into 5 equal parts and the directions to use and apply such 5 equal parts in the proportions set forth in the said deed, and the said Board is of the opinion that, by reason of such restrictions, many deserving objects are being excluded from participation in the donor's bounty:

And whereas it is the desire of the donor and the said Board that the said trusts shall be varied in manner hereinafter appearing.