Where any real or personal property has been or is hereafter acquired by or on behalf of any religious denomination, congregation, or society, or any body of persons associated for any charitable purpose, and the conveyance or other assurance of that property has been or is taken to or in favour of trustees to be from time to time appointed, or any parties named in the conveyance or other assurance, or subject to any trust for any such denomination or congregation or society or body of persons, or for the individuals comprising the same, the conveyance or other assurance shall not only vest the property thereby conveyed or otherwise assured in the parties named therein, but shall also effectually vest the same in their successors in office for the time being and the continuing trustees (if any) jointly, or if there are no such continuing trustees, then in their successors in office for the time being chosen and appointed in the manner provided or referred to in the conveyance or other assurance, or in any separate deed or instrument, declaring the trusts thereof; or if no mode of appointment is therein provided or referred to, or if the power of appointment has lapsed, then in such manner as may be agreed upon by such denomination or by a body constituted to represent them, or by such congregation, society, or body of persons.

The said property shall be so vested without any conveyance or other assurance whatsoever upon the same trusts and with and under and subject to the same powers and provisions as are contained or referred to in the conveyance or other assurance, or in any separate deed or instrument upon which the property is held so far as the same may at the time of vesting be subsisting and still capable of taking effect, anything in the conveyance or other assurance or in any separate deed or instrument to the contrary notwithstanding.

Nothing in this section shall restrict the effect of any appointment of new trustees or of any conveyance or other assurance or vesting of any property.

For the purpose of preserving evidence of every appointment of new trustees to which section 3 applies and of the persons in whom any estate or interest in property from time to time becomes legally vested, every such appointment shall be made to appear by a memorandum under the hand of the chairman for the time being of the meeting at which the appointment was made, and shall be executed either in the presence of that meeting or at any time after that meeting, and attested by 2 or more witnesses.

Any such memorandum may be in the form or to the effect of Schedule 1, or as near thereto as circumstances will allow, and may be given and shall be received as evidence in all courts and proceedings in the same manner and on the like proof as deeds, and shall be evidence of the truth of the several matters therein stated.

Every memorandum made under this section of an appointment of new trustees must, if it affects land under the Land Transfer Act 2017, be lodged with the Registrar-General of Land; and, as regards that land, the appointment has no operative effect until the memorandum or a copy of it has been certified by the Registrar-General of Land.

Where any property is vested in or held by any person in trust for or for the benefit (directly or indirectly) of any body or corporation, or for the maintenance and support of the officers or members of any body or corporation, whether or not the trust or purpose appears upon the face of the conveyance or other instrument under which the property is held and whether or not the trust is for any charitable purpose, it shall be lawful for the person to convey or transfer the property so held to such trustees as the body or corporation directs or appoints or (in the case of a corporation) to the corporation.

In this Part, unless the context otherwise requires,—

The trustees of any trust which is exclusively or principally for charitable purposes may apply to the Registrar in accordance with this Part for the incorporation of the trustees as a board under this Part.

No such application shall be made by any trustees if the trustees are already incorporated under any other Act or otherwise, and no such application shall be made by the trustees for the general purposes of any society—

Every such application for incorporation shall be in form 1 of Schedule 2, or to the like effect and shall be signed by a majority of the trustees.

An application for the incorporation of a society as a board under this Part may not be made on or after the commencement date.

An application for the incorporation of a society as a board under this Part that is made before the commencement date must be considered and determined as if the Incorporated Societies Act 2022 had not been enacted.

In this section, commencement date means the date on which section 261 of the Incorporated Societies Act 2022 comes into force.

See section 30A, which allows a society that is incorporated as a board under this Part to choose to reregister as a society under the Incorporated Societies Act 2022.

For the purposes of section 7, an application shall be deemed to be authorised by a society, if—

Each subscriber to an application for incorporation must add the subscriber’s name and address to the subscriber’s signature.

Every application for incorporation under this Part shall be accompanied by—

If the Registrar considers that any documents accompanying an application do not disclose sufficient information regarding the trusts on which any property is held by the applicant or applicants, the Registrar may refuse to register the trustees as provided in this Part until the further information that the Registrar requires is supplied to the Registrar.

Original documents may in any case accompany any such application instead of copies, and the provisions of subsection (5) of section 29 shall thereupon apply in respect of the documents.

The Registrar, on being satisfied that the purposes of the trust are exclusively or principally charitable, and that the procedural requirements of this Part have been observed, shall do the following things:

From the date of incorporation mentioned in the certificate of incorporation the board shall be a body corporate, and shall consist of—

Every certificate of incorporation issued under the seal of the Registrar shall be sufficient evidence, in the absence of proof to the contrary, that the board therein named was incorporated on the date specified in the certificate, and that the procedural requirements of this Part have been observed, but shall not be evidence that the purposes of the trust or society are exclusively or principally charitable.

Every board shall have perpetual succession and a common seal, and (subject to this Act and to the rules and other documents providing for the constitution of the board) shall be capable of holding real and personal property of whatsoever nature and whether situated in New Zealand or elsewhere, and of suing and being sued, and of doing and suffering all such acts and things as bodies corporate may lawfully do and suffer.

All property held by the trustees of any such trust or by any such society shall immediately upon incorporation of the trustees or society as a board vest without transfer, conveyance, or assignment in the board for the same purposes, with the same powers, and upon and subject to the same trusts, contracts, and equities as then affect the same.

Where any estate or interest in, or any mortgage or charge on, any land under the Land Transfer Act 2017 is vested in a board by virtue of this section, the Registrar-General of Land shall, on receiving a written application under the common seal of the board, register the board as proprietor of that estate, interest, mortgage, or charge.

The Registrar must refuse to incorporate a board under a name if, in the Registrar’s opinion,—

If the Registrar refuses to incorporate the board under subsection (1), the board may be incorporated under a name that has been amended to address (to the Registrar’s satisfaction) the matter referred to in that subsection.

Subsection (1)(b) does not apply if—

If the Registrar is satisfied that the name under which a board is registered is not permitted under section 15, the Registrar may enter a new name on the register for the board that would be permitted under section 15 in place of the former name.

The name entered on the register under subsection (1) may be a name selected by the board after being given a reasonable opportunity to do so (pursuant to a resolution passed at a meeting of the board), or if the board does not select a name, a name selected by the Registrar.

If the Registrar registers a new name, the Registrar must issue a certificate of incorporation recording the change of name.

In any case where a society is incorporated as a board, or where the trustees of a society are incorporated as a board, the board may, pursuant to a resolution of the society passed at a general meeting, apply to the Registrar to change the name under which the board is registered.

In any other case where trustees are incorporated as a board, the board may, pursuant to a resolution passed at a meeting of the board, apply to the Registrar to change the name under which it is registered.

Where a board applies to the Registrar under this section to change the name under which it is registered and the Registrar approves of the change, the Registrar shall enter the new name in the register in place of the former name.

If the Registrar registers a new name under subsection (3), the Registrar must issue a certificate of incorporation recording the change of name.

A change of name under section 15A or 16 does not affect any rights or obligations of the board, or render defective any legal proceedings by or against the board, and any legal proceedings that may have been continued or commenced by or against it in its former name may be continued or commenced by or against it in its new name.

Any person dissatisfied with any decision of the Registrar that trustees are not to be registered under this Act or that a name or change in the name of any board is not to be approved or registered, may appeal to the court against that decision.

Notice of every such appeal shall be filed in the court and served upon the Registrar within 28 days after the day on which the decision appealed against was given.

If in any case the appellant does not prosecute his appeal with due diligence, the court, on application made by the Registrar or any person interested, may dismiss the appeal and make such order as to costs as it thinks proper.

Any notice or legal process shall be deemed to be served upon a board if left at its registered office or if sent through the post in a registered letter addressed to the board at that office.

Contracts on behalf of a board may be made as follows:

A contract made according to this section shall be effectual in law, and shall bind the board and its successors and all other parties thereto.

All acts or deeds done or made by any person acting in good faith as one of the trustees who for the time being constitute a board, or as one of the committee or governing body for the time being of a society which constitutes a board, shall be valid notwithstanding any defect that may afterwards be found in his appointment; and the signature of any person purporting to act as one of those trustees or as a member of that committee or governing body shall, in the absence of proof to the contrary, be sufficient evidence of his being one of those trustees or a member of that committee or governing body, as the case may be.

Without restricting the powers that are or may be conferred on any board by or under the Trusts Act 2019 or this Act or any other Act or otherwise howsoever, it is hereby declared that any board may,—

Any money or other property received in consequence of any such dedication or sale or exchange shall be held upon the same trusts as affected the property so dealt with, and any such money may be invested in accordance with the Trusts Act 2019.

Nothing in this Act shall prevent any company, society, or corporation from being incorporated under any other Act or otherwise for any religious, educational, or other charitable purpose, or from including any such purpose among its objects:

provided that no board incorporated under this Part shall be incorporated under any other Act.

Every board must, on request from the Registrar, complete an acknowledgement of registration.

The Registrar may request an acknowledgement of registration at any time they think fit, but no more than once per year.

The acknowledgement of registration must contain the information prescribed by the regulations made under this Act or required by the Registrar.

This section does not apply to a charitable entity within the meaning of section 4(1) of the Charities Act 2005.

If any variation is made in the trusts on which any board holds any property, or if any additional property becomes vested in any board on trusts not completely shown in the declarations and the copies of the relevant parts of wills and declarations of trust and other documents already lodged with the Registrar, then, within 1 month from the date of the variation or vesting, there shall be lodged with the Registrar—

If any alteration is made in the rules or other documents providing for the constitution of any board, and the alteration is made in accordance with section 61 and affects the trusts on which any property is held or is to be held, or if any board desires to alter the address of its registered office, notice of the alteration or desired alteration shall be given to the Registrar within 1 month from the date thereof. Where any board gives notice under this subsection of its desire to alter the address of its registered office and specifies a new address for its registered office with sufficient particularity to enable documents to be served by hand and served by post, the Registrar shall forthwith alter the registered address accordingly.

If in any case the requirements of this section are not complied with within any such period of 1 month, each of the trustees for the time being incorporated as the board, or each member of the committee or other governing body of the society incorporated as the board, and each officer of the board, commits an offence and shall be liable on conviction to a fine not exceeding 1 shilling for every day thereafter during which the default continues.

Where any board has been incorporated before the commencement of this Act, the board may at any time lodge with the Registrar all or any of the documents or copies and declarations which it would be required to lodge with the Registrar on an application for incorporation made after the commencement of this Act; and (if the Registrar so requests) the memorial and all other documents and copies which were filed in connection with the incorporation of the board may be transferred to the Registrar.

In any case where a society is incorporated as a board, the board may be put into liquidation if at a general meeting of its members it passes a resolution appointing a liquidator, and the resolution is confirmed at a subsequent general meeting called for that purpose and held not sooner than the 28th day and not later than the 42nd day after the date on which the resolution to be confirmed was passed.

Subject to this Act and to any regulations made under this Act, Parts 16 and 17 of the Companies Act 1993, with such modifications as may be necessary, shall apply to the liquidation as if the resolution had been passed under section 241(2)(a) of that Act.

A board may be put into liquidation by the appointment by the court as liquidator of a named person or an Official Assignee for a named district if the court is satisfied that it is just and equitable that the board should be put into liquidation.

Any application to the court to put a board into liquidation may be presented by—

All costs incurred by the Attorney-General or the Registrar in making the application shall, unless the court otherwise orders, be a first charge on the assets of the board.

Subject to this Act and to any regulations made under this Act, Parts 16 and 17 of the Companies Act 1993 shall apply, with such modifications as may be necessary,—

The Registrar may remove a board from the register if the Registrar is satisfied that the board—

The Registrar must—

The board is removed at the time the removal is recorded in the register.

The Registrar may restore a board to the register if the Registrar is satisfied that a removal under section 26 was made in error.

The Registrar must—

The board is restored at the time the restoration is recorded in the register, as if no removal had taken place, with effect from the time that the board was removed.

It is sufficient to satisfy the Registrar, for the purposes of section 26(1), that a board is no longer carrying on its operations if—

Nothing in this section prevents the Registrar from satisfying himself or herself in any other manner that the board is no longer carrying on its operations.

On the liquidation of a board or on its dissolution by the Registrar, all surplus assets after the payment of all costs, debts, and liabilities shall be disposed of as the court directs.

The Registrar shall keep a register in which shall be recorded all matters required by this Act or by any regulations under this Act to be recorded by the Registrar.

The register may be kept in any manner that the Registrar thinks fit, including, either wholly or partly, by means of a device or facility—

The seal of the Registrar may be used for the authentication of any documents required for the purposes of this Part.

The Registrar may make any amendments to the register that are necessary or desirable—

Any person may inspect the documents kept by the Registrar on payment of such fees as may be prescribed.

Any board may, on payment of the prescribed fee and on proof that every certificate of the incorporation of the board which has previously been issued has been lost or destroyed, require the Registrar to issue under his seal a further certificate of incorporation in respect of the board.

Any person may, on payment of the prescribed fee, require a copy of or extract from the register or any document lodged with the Registrar under this Act to be given or certified by the Registrar under his hand and seal.

No process for compelling the production of any document kept by the Registrar shall issue from any court, except with the leave of that court, and any such process if issued shall bear thereon a statement that it is issued with the leave of the court.

A copy of or extract from any document kept by or lodged with the Registrar under this Part, certified to be a true copy or extract under the hand and seal of the Registrar (whose official position it shall not be necessary to prove), shall in all legal proceedings be admissible in evidence as of equal validity with the original document.

At any time while there are no regulations prescribing the fees payable under this section, or so far as no such fees are prescribed by any regulations, the fees so payable shall be the same as those payable under the corresponding provisions in section 363 of the Companies Act 1993. All fees paid to the Registrar under this Act shall be paid into a Crown Bank Account, and shall form part of a Crown Bank Account.

Except as provided in section 29, no fee shall be payable to the Registrar in respect of any document made or thing done under or for the purposes of this Part.

A society incorporated as a board under this Part may continue to be incorporated under this Part as if this Act had not been amended by sections 259 to 267 of the Incorporated Societies Act 2022.

However, a society incorporated as a board under this Part may apply to be reregistered as a society under the Incorporated Societies Act 2022 under Part 1 of Schedule 1 of that Act (see clause 2(4) of that schedule).

In this Part, unless the context otherwise requires,—

Subject to the provisions of subsection (3), in any case where any property or income is given or held upon trust, or is to be applied, for any charitable purpose, and it is impossible or impracticable or inexpedient to carry out that purpose, or the amount available is inadequate to carry out that purpose, or that purpose has been effected already, or that purpose is illegal or useless or uncertain, then (whether or not there is any general charitable intention) the property and income or any part or residue thereof or the proceeds of sale thereof shall be disposed of for some other charitable purpose, or a combination of such purposes, in the manner and subject to the provisions hereafter contained in this Part.

Subject to the provisions of subsection (3), in any case where any property or income is given or held upon trust, or is to be applied, for any charitable purpose, and the property or the income which has accrued or will accrue is more than is necessary for the purpose, then (whether or not there is any general charitable intention) any excess property or income or proceeds of sale may be disposed of for some other charitable purpose, or a combination of such purposes, in the manner and subject to the provisions hereafter contained in this Part.

This section shall not operate to cause any property or income to be disposed of as provided in subsection (1) or subsection (2)—

Subject as aforesaid, this section shall extend to cases where the charitable purpose affecting any property or income is defined by a scheme approved by the court under this Part or otherwise or approved by the Attorney-General under Part 4, and in any such case the original purpose or purposes may be restored, with or without modifications.

The provisions of this section shall apply with respect to trusts created, and to schemes approved, before or after the commencement of this Act.

In any case where it is made to appear that any property or income is given or held upon trust, or is to be applied, for any charitable purpose, and the administration of the property or income or the carrying out of the trust could be facilitated by extending or varying the powers of the trustees or by prescribing or varying the mode of administering the trust, the powers of the trustees may be extended or varied, and the mode of administering the trust may be prescribed or varied, in the manner and subject to the provisions hereafter contained in this Part:

provided that nothing in this section shall restrict the powers that are or may be conferred on the court or the trustees by or under the Trusts Act 2019 or any other Act or by law.

Where the trustees of any such property or income are desirous that it shall be dealt with subject to this Part, they may prepare or cause to be prepared, in accordance with this Part, a scheme for the disposition of the property or income and for extending or varying the powers of the trustees or for prescribing or varying the mode of administering the trust.

Every scheme prepared under this Part shall be submitted to the Attorney-General, together with full information as to all the facts upon which it is proposed to make the disposition set out in the scheme, and with copies of any instruments necessary to explain the scheme so prepared; and the Attorney-General shall, in respect of every such scheme, have the following powers and duties:

At any time after delivery to them of the report of the Attorney-General, the trustees may apply to the court for approval of the scheme, and on making any such application shall file therewith the scheme and the report of the Attorney-General thereon.

Every such application shall be filed in the office of the court at or nearest the place where the trustees or the majority of them reside or the property is situated, or, if the property is personal property and the trustees or the majority of them reside out of New Zealand, then in some office of the court specified by the Attorney-General:

The application, scheme, and report shall be open for inspection by the public without any fee or charge.

Before any such application is considered by the court, notice of the application shall be given as hereafter provided in this section once in the Gazette, and at least 3 times with an interval of not less than 6 days between any 2 insertions in 1 newspaper circulating in the judicial district in which is situated the office of the court in which the application has been filed. The first such notice shall be so published not more than 3 months and not less than 1 month before the date proposed for the consideration of the scheme by the court.

Every such notice shall give particulars of the scheme, shall state the date proposed for the hearing of the application by the court, and shall require any person desiring to oppose the scheme to give written notice of his intention to do so to the Registrar and the trustees and the Attorney-General not less than 7 clear days before that date.

Any person desiring to oppose the scheme shall, not less than 7 clear days before the date proposed for the hearing of the application by the court, give written notice of his intention to oppose the scheme to the Registrar and the trustees and the Attorney-General.

In this Part, unless the context otherwise requires, the term charitable purpose means every purpose which in accordance with the law of New Zealand is charitable; and includes the following purposes, whether or not they are beneficial to the community or to a section of the community:

This Part is applicable to cases in which money has been raised for any charitable purpose by way of voluntary contribution, or by the sale of goods voluntarily contributed, or as the price of admission to any entertainment, or in any other manner of voluntary contribution, whether or not the money has been invested pending application for that charitable purpose.

In any case to which this Part applies—

then, whether or not there is any general charitable intention, the money and the income therefrom or any part or residue thereof shall be disposed of for some other charitable purpose, or a combination of such purposes, in the manner and subject to the provisions hereafter contained in this Part.

In any case to which this Part applies, if the money raised and the income which has accrued or will accrue therefrom or any residue thereof is more than is necessary to carry out the original charitable purpose, any excess money or income may be disposed of for some other charitable purpose, or a combination of such purposes, in the manner and subject to the provisions hereafter contained in this Part.

This section shall extend to cases where the charitable purpose for the time being affecting any money or income is defined by a scheme approved by the Attorney-General or the court under this Part or otherwise approved by the court, and in any such case the original purpose or purposes may be restored, with or without modifications.

The provisions of this section shall apply with respect to money raised, and to schemes approved as aforesaid, before or after the commencement of this Act.

If in any case it is made to appear that the administration of any money, or income from money, to which this Part applies could be facilitated by extending or varying the powers of the trustees or by prescribing or varying the mode of administering the trust on which the money or income is held, the powers of the trustees may be extended or varied, and the mode of administering the trust may be prescribed or varied, in the manner and subject to the provisions hereafter contained in this Part.

Nothing in this Part shall restrict the powers that are or may be conferred on the court or the trustees by or under the Trusts Act 2019 or any other Act or by law or restrict the operation of section 86 of the Public Trust Act 2001.

In any case to which section 40 or section 41 applies, any contributor of money raised for the charitable purpose or of goods sold to provide money for that purpose, or any holder or trustee of any such money or of any money received as the price of admission to any entertainment or paid in any other voluntary manner for that purpose, may proceed in the manner hereafter set out in this Part.

In any case where the holder or trustee of any money to which this section applies is an incorporated body of persons, that body may appoint any person to proceed on its behalf under this Part, and the provisions of this Part shall apply to the person so appointed as if he were the holder or trustee of the money.

The moving contributor or money holder (in this Part referred to as the convener) may call together a meeting of the contributors of money or goods as aforesaid by advertisement in a form approved by the Attorney-General and in the following manner:

Any other contributor may, by advertisement published at least 3 times before the day fixed for the meeting in the newspaper or newspapers in which the original advertisement was published, or by advertisement or notice given or published in the manner approved under subsection (1) of section 50 for the purpose of calling the meeting of contributors, intimate that he will propose at the meeting some charitable purpose or some proposal relating to the powers of the trustees or the mode of administering the trust other than the purpose or proposal mentioned in the first advertisement or notice of the meeting, and that other purpose or proposal shall be distinctly specified in the advertisements published or the notice given under this section.

The proceedings at the meeting held pursuant to the advertisement or notice shall be conducted in the following manner, that is to say:

After the determination by the meeting of the purpose or proposal, the meeting shall proceed to choose a scheme committee of 3 contributors, who shall within 2 months from the date of the meeting prepare or cause to be prepared a scheme to give effect to the resolution of the meeting.

The scheme committee shall, within the period of 2 months last mentioned, lay before the Attorney-General—

The Attorney-General shall in respect of every such scheme have the following powers and duties:

A verified copy of every scheme approved by the Attorney-General, and of the Attorney-General’s approval, shall be filed by the committee in the office of the court at or nearest to the place where the meeting was held; and an approval of a scheme by the Attorney-General under this section shall have the same effect as an approval of the scheme by the court.

An office copy of any scheme approved by the Attorney-General, and of his approval, shall be sufficient proof of the scheme and approval in the absence of proof to the contrary.

At any time after delivery to the committee of any such report, the committee may apply to the court for approval of the scheme, and on making any such application shall file therewith the scheme and the report of the Attorney-General thereon.

Every scheme, approval, report, and application which is filed as aforesaid in the office of the court shall be open to inspection by the public without any fee or charge.

In any case where any advertisement has been published or any notice has been given in accordance with this Part specifying a newly proposed charitable purpose for which any money to which this Part applies may be used, any contributor of any part of the money may, at any time after the publication of the advertisement or the giving of the notice and before the day mentioned in the advertisement or notice for the meeting, or at any time within the period fixed by a written notification to that contributor given under subsection (3) of section 50, but not afterwards, demand from that holder the amount of his contribution or a rateable proportion thereof out of the residue left after deductions made for reasonable expenses and expenditure in pursuance of the original purpose and proposals; and, subject to the contributor satisfying the money holder of the fact and amount of his contribution, the money holder shall thereupon pay that amount or proportion to that contributor.

The Attorney-General or the court may in any case dispense with advertisement in accordance with section 43, and may authorise the convener to call the meeting of contributors by notice or advertisement given to the contributors or published in a form and manner approved by the Attorney-General or the court. Irrespective of whether the scheme which is prepared under this Part in respect of the money is approved by the Attorney-General or submitted to the court for approval, any such dispensation and authorisation may be given by either the Attorney-General or the court at any time either before or after the date on which the notice is given or the advertisement is published or the date on which the meeting is held:

provided that no such dispensation or authorisation may be given by the Attorney-General in respect of any such scheme after an application has been made to the court for approval thereof.

Without restricting the provisions of subsection (1), but subject to the provisions of subsection (3), in any case where, in connection with any scheme or proposed scheme under this Part, the Attorney-General or the court considers that no useful purpose proportionate to the trouble and expense involved would be served by holding a meeting of contributors, or by advertising or giving notice, in accordance with this Part, the Attorney-General or the court may, on such conditions as he or it thinks fit, dispense with all or any of the requirements of this Part in connection therewith or incidental thereto, and approve the scheme accordingly; and thereupon all the provisions of this Part relating to schemes that have been approved under this Part shall apply to the scheme:

provided that no such dispensation shall be given unless—

In any case where the holding of a meeting of contributors, or all the requirements of this Part relating to advertising or the giving of notice of the holding of such a meeting, are dispensed with under subsection (2), the scheme shall not be approved under that subsection until—

Where any written notification has to be given under subsection (3), it may be given—

Where any voluntary association has been constituted at any place for any charitable purpose within the meaning of Part 4, and the means for carrying out that purpose are raised by voluntary contributions from time to time, and the business of the association is carried on by office bearers elected by contributors or by a public meeting, it shall be lawful to provide in any scheme approved under Part 4 that the purposes of the scheme may in whole or in part be carried out, and the funds or parts thereof be administered, by any such voluntary association or by the office bearers for the time being of any such voluntary association.

Without restricting the foregoing provisions of this section or the power to make any other provision for carrying out the purposes of any scheme or for administering any property, income, or money to which any scheme applies, it is hereby declared that any scheme approved under Part 3 or Part 4 may provide that the purposes of the scheme may in whole or in part be carried out, and that any property, income, or money to which the scheme applies may be administered, by—

Any scheme prepared and approved under this Act may provide that all reasonable expenses of or incidental to preparing, perusing, and advertising the scheme shall be paid out of and be a charge upon the property or income or money affected.

Where application for approval of any scheme is made to the court under Part 3 or Part 4—

Notice of any approval of a scheme under Part 3 or Part 4, or of the refusal of the court to approve any scheme under Part 3 or Part 4, shall be published by the Registrar of the court in the Gazette as soon as practicable after the date thereof, together (in the case of a refusal) with a statement of the reason for the refusal.

Either the court or the Attorney-General, when approving a scheme, may waive any non-compliance with the procedural requirements of this Act in relation to the scheme.

No scheme shall be approved by the court under Part 3, or by the court or the Attorney-General under Part 4, unless the court or the Attorney-General is satisfied—

No refusal of the court or the Attorney-General to approve any scheme under this Act shall prevent fresh steps from being taken in accordance with this Act to obtain the approval to any other scheme in respect of the same property, income, or money.

No fee shall be payable to the Registrar in respect of any application, scheme, report, order, or document filed or made under Part 3 or Part 4.

It shall be lawful for the Attorney-General from time to time, as he in his discretion may think fit, to examine and inquire into all or any charities in New Zealand, including trusts for charitable purposes within the meaning of Part 4, and to examine and inquire into the nature and objects, administration, management, and results thereof, and the value, condition, management, and application of the property and income belonging thereto.

The Attorney-General may, instead of himself making any such inquiry or examination, from time to time appoint an officer of the Government service or any person to make the inquiry or examination in any specified case or cases; and it shall be lawful for the officer or person so appointed to examine and inquire into the charity or charities in New Zealand to which his appointment relates, including trusts for charitable purposes within the meaning of Part 4, and the nature and objects, administration, management, and results thereof, and to examine and inquire into the value, condition, management, and application of the property and income belonging thereto.

It shall be the duty of all trustees and persons acting or having any concern in the management or administration of any such charity into which any such examination or inquiry is being made, or of the property or income thereof, on request, to produce to the Attorney-General or to the officer or person making the examination or inquiry all books, papers, writings, and documents in relation to the charity or the property and income thereof, or to the administration, management, value, condition, and application of that property and income, and to answer all questions and give all assistance in connection with the examination or inquiry which they are reasonably able to answer or give. Every person who acts in contravention of or fails to comply in any respect with any provision of this subsection commits an offence and shall be liable on conviction to a fine not exceeding 20 pounds.

Without restricting the generality of the foregoing provisions of this section, it is hereby declared that for the purposes of any such inquiry or examination the provisions of the Commissions of Inquiry Act 1908 shall, so far as they are applicable and with the necessary modifications, apply as if the Attorney-General or the officer or person were a commission of inquiry appointed under that Act.

Where any scheme which has been approved by the court under Part 3 or Part 4, or by the Attorney-General under Part 4, designates any institution, body, or person to hold or receive any property, money, or income under the scheme, the trustees in whom the property, money, or income is vested shall convey, transfer, or pay over the same with all profits or interest which may have accrued thereon to that institution, body, or person; and upon so doing shall no longer be liable in respect of any express or implied trust upon which they held the property, money, or income, except for wilful negligence or misappropriation thereof.

The said trustees may execute all instruments and do all acts necessary for giving effect to this section.

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—

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.

In any case where any company or society or corporation incorporated under this Act or any other Act or otherwise holds any property upon trust for any charitable purpose defined by reference to the rules or other documents constituting the company or society or corporation, no alteration of the said rules or documents shall vary the trusts for the time being affecting any such property, unless the variation is permitted by the instruments creating the trust and defining its purpose or is approved under Part 3 or Part 4 or is otherwise approved by the court.

Subject to the provisions of this section, it shall for all purposes be and be deemed always to have been charitable to provide, or assist in the provision of, facilities for recreation or other leisure-time occupation, if the facilities are provided in the interests of social welfare:

provided that nothing in this section shall be taken to derogate from the principle that a trust or institution to be charitable must be for the public benefit.

The requirement of subsection (1) that the facilities are provided in the interests of social welfare shall not be treated as satisfied unless—

Without restricting the generality of the foregoing provisions of this section it is hereby declared that, subject to the said requirement, subsection (1) applies to the provision of facilities at public halls, community centres, and women’s institutes, and to the provision and maintenance of grounds and buildings to be used for purposes of recreation or leisure-time occupation, and extends to the provision of facilities for those purposes by the organising of any activity.

Nothing in this section shall be taken to restrict the purposes which would be regarded as charitable if this section had not been passed.

Nothing in this section shall—

Except as provided in subsection (7), nothing in this section shall require anything to be treated for the purposes of any enactment as having been charitable at a time before the date of the commencement of this section, so as to invalidate anything done or any determination given before that date.

In this section the term imperfect trust provision means any trust under which some non-charitable and invalid as well as some charitable purpose or purposes is or are or could be deemed to be included in any of the purposes to or for which an application of the trust property or any part thereof is by the trust directed or allowed; and includes any provision declaring the objects for which property is to be held or applied, and so describing those objects that, consistently with the terms of the provision, the property could be used exclusively for charitable purposes, but could nevertheless (if the law permitted and the property was not used as aforesaid) be used for purposes which are non-charitable and invalid.

No trust shall be held to be invalid by reason that the trust property is to be held or applied in accordance with an imperfect trust provision.

Every trust under which property is to be held or applied in accordance with an imperfect trust provision shall be construed and given effect to in the same manner in all respects as if—

This section shall apply to every trust under which property is to be held or applied in accordance with an imperfect trust provision, whether the trust is declared before or after the commencement of this section:

provided that this section shall not apply to any trust declared by the will of any testator dying before, or to any other trust declared before, 26 October 1935 (being the date of the passing of the Trustee Amendment Act 1935), if before 1 January 1957 (being the date of the commencement of the Trustee Act 1956)—

The Governor-General may from time to time, by Order in Council, make all such regulations as in his opinion may be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof.

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The enactments specified in Schedule 3 are hereby repealed.

Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the repeal of any provision by this Act shall not affect any document made or any thing whatsoever done under the provision so repealed or under any corresponding former provision, and every such document or thing, so far as it is subsisting or in force at the time of the repeal and could have been made or done under this Act, shall continue and have effect as if it had been made or done under the corresponding provision of this Act and as if that provision had been in force when the document was made or the thing was done.

Where any board has been duly incorporated under any provision repealed by this Act or under any corresponding former enactment, and the board is in existence at the commencement of this Act, it shall be deemed to have been duly incorporated under this Act.

Every certificate in respect of a scheme given by the Attorney-General under Part 4 of the Religious, Charitable, and Educational Trusts Act 1908 shall be deemed to be an approval of the scheme by the Attorney-General under Part 4 of this Act.