New Zealand Acts

CHARITABLE TRUSTS ACT 1957

- As at 30 March 2025
- Act 18 of 1957

TABLE OF PROVISIONS

           Long Title

   1.      Short Title and commencement
   2.      Interpretation
   2A.     Principal Act to bind the Crown
   2B.     Transitional, savings, and related provisions

   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.      Applications for incorporation may no longer be made by societies
   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
   15A.    Registrar may change name
   16.     Change of name at application of board
   16A.    Effect of 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
   22A.    Acknowledgement of registration
   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
   25A.    COVID-19 business debt hibernation may apply
   26.     Removal by Registrar
   26AA.   Restoration to register
   26A.    Registrar may inquire whether board still carrying on operations
   27.     Distribution of surplus assets
   28.     Register of boards and seal of Registrar
   28A.    Amendments to register
   29.     Inspection, production, and evidence of documents kept by Registrar
   30.     Exemption from fees
   30A.    Society may reregister under Incorporated Societies Act 2022

   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 1AA
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3