sec.35Vesting of property in the public trustee

sec.35 Vesting of property in the public trustee

This section applies if the chief executive is satisfied— that in any case set forth in the Charitable Funds Act 1958 , section 5 the property in any fund or any part or residue thereof raised by or resulting from any appeal for support for any purpose to which part 3 applies may be dealt with under this section; or that any property (whether derived from funds received or held before or after the passing of this Act) of or held for or on behalf of any charity which is unable to make any lawful appeal for support under this Act may be dealt with under this section; or that any property (whether derived from funds received or held before or after the passing of this Act) of or held by or on behalf of any association, whose objects are a community purpose, which is unable to make any lawful appeal for support under this Act may be dealt with under this section; or that the Minister has given a direction in respect of any property pursuant to section 34 (1) ; or that any property (whether derived from funds received or held before or after the passing of this Act) is held on behalf of any charity, or is held on behalf of any association whose objects are or were a community purpose, which has ceased to exist or ceased to operate; or that there has been maladministration in respect of any property raised by or resulting from any appeal for support for any purpose to which part 3 applies and held by or on behalf of any charity or any association whose objects are a community purpose; or that a majority of at least three-quarters of the governing body or of the persons who are trustees or who have the control of any property raised by, or resulting from any appeal for support for any charitable purpose or community purpose, have consented to any or all of the property being vested in the public trustee. The chief executive may, by gazette notice, vest all or any of the property in the public trustee. Subject to subsection (4) , the property vested in the public trustee is held upon the trusts and for the purposes upon or for which they were held prior to being vested in the public trustee. A gazette notice may amend the trusts or purposes and vest the property, or part of the property, in a person for charitable or community purposes. The receipt of the public trustee shall be a sufficient discharge to any persons paying or transferring any property under the gazette notice, and the said persons shall not thereafter be liable or accountable therefor or be bound to see to the application, distribution, or appropriation thereof. This section applies to any property, charity, or association as aforesaid, irrespective of any action or proceedings taken in respect of such property, charity, or association under any other provision or provisions of this Act. s 35 amd 1975 No. 34 s 4 ; 1981 No. 34 s 10 ; 1995 No. 57 s 4 sch 1 ; 1997 No. 82 s 3 sch ; 2020 No. 17 s 55 (sec.35-ssec.1) This section applies if the chief executive is satisfied— that in any case set forth in the Charitable Funds Act 1958 , section 5 the property in any fund or any part or residue thereof raised by or resulting from any appeal for support for any purpose to which part 3 applies may be dealt with under this section; or that any property (whether derived from funds received or held before or after the passing of this Act) of or held for or on behalf of any charity which is unable to make any lawful appeal for support under this Act may be dealt with under this section; or that any property (whether derived from funds received or held before or after the passing of this Act) of or held by or on behalf of any association, whose objects are a community purpose, which is unable to make any lawful appeal for support under this Act may be dealt with under this section; or that the Minister has given a direction in respect of any property pursuant to section 34 (1) ; or that any property (whether derived from funds received or held before or after the passing of this Act) is held on behalf of any charity, or is held on behalf of any association whose objects are or were a community purpose, which has ceased to exist or ceased to operate; or that there has been maladministration in respect of any property raised by or resulting from any appeal for support for any purpose to which part 3 applies and held by or on behalf of any charity or any association whose objects are a community purpose; or that a majority of at least three-quarters of the governing body or of the persons who are trustees or who have the control of any property raised by, or resulting from any appeal for support for any charitable purpose or community purpose, have consented to any or all of the property being vested in the public trustee. (sec.35-ssec.2) The chief executive may, by gazette notice, vest all or any of the property in the public trustee. (sec.35-ssec.3) Subject to subsection (4) , the property vested in the public trustee is held upon the trusts and for the purposes upon or for which they were held prior to being vested in the public trustee. (sec.35-ssec.4) A gazette notice may amend the trusts or purposes and vest the property, or part of the property, in a person for charitable or community purposes. (sec.35-ssec.5) The receipt of the public trustee shall be a sufficient discharge to any persons paying or transferring any property under the gazette notice, and the said persons shall not thereafter be liable or accountable therefor or be bound to see to the application, distribution, or appropriation thereof. (sec.35-ssec.6) This section applies to any property, charity, or association as aforesaid, irrespective of any action or proceedings taken in respect of such property, charity, or association under any other provision or provisions of this Act.