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Charitable Trusts Act 1957

Schemes in respect of charitable funds raised by voluntary contribution

50: Attorney-General or court may dispense with meeting of contributors

You could also call this:

“Attorney-General or court can change how meetings about charity money are held or skip them if not worth the trouble”

The Attorney-General or the court can make changes to how a meeting about charity money is organized. They can say it’s okay not to advertise the meeting in the usual way. Instead, they can let the person in charge tell people about the meeting in a different way. This can happen before or after the meeting is supposed to happen.

Sometimes, the Attorney-General or the court might think that having a meeting or advertising it isn’t worth the trouble or cost. In these cases, they can say it’s okay not to do these things. This usually happens when there’s less than 200 pounds involved, or if it’s been more than 5 years since people gave money or goods.

If they decide not to have a meeting, they still need to do some things. They have to try to find anyone who gave more than 10 pounds and whose name and address they can find. These people need to be told in writing about the plans for the money. They also need to be told they can get their money back if they want, but they have to ask within at least 3 weeks.

When they need to tell someone in writing, they can do it in different ways. They can give the letter to the person, leave it at their home in New Zealand, or send it by post. If they send it by post, they assume the person got it when it would normally have been delivered.

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49: Contributor may get back money before date fixed for first meeting of contributors, or

"You can ask for your donation back before the meeting about changing the charity's purpose"

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51: Administration of schemes, or

"How different groups can run charitable projects"

Part 4 Schemes in respect of charitable funds raised by voluntary contribution

50Attorney-General or court may dispense with meeting of contributors

  1. 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.

  2. 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—

  3. the amount involved is less than 200 pounds; or
    1. a period exceeding 5 years has elapsed since the contribution or receipt of any part of the money or the sale of any part of the goods.

      1. 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—

      2. due inquiries have been made as to whether there are any living contributors whose names and addresses are known or reasonably ascertainable and who have each made contributions exceeding a total of 10 pounds;
        1. every such contributor has been notified in writing of the proposal and of his right under section 49 to get back his contribution or part thereof within such period (being not less than 3 weeks after the date on which he is notified) as may be specified in the notification; and
          1. every period so specified has expired.

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

            2. by delivering it to the person to whom it has to be given; or
              1. by leaving it at the usual or last known place of abode in New Zealand of that person; or
                1. by sending it by post in a letter addressed to that person at his usual or last known place of abode, in which case it shall be deemed to have been given at the time at which the letter would have been delivered in the ordinary course of post.

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