High Court Wellington
21 May; 21 August 1959
T. A. Gresson J.
21 May; 21 August 1959
T. A. Gresson J.
Trusts and trustees — Charitable Trust — Borough receiving Subsidy for Erection of War Memorial Hall on Trust that Hall Available for Use of All Sections of Community — Refusal to allow Lawful Section of Community to use Hall — Breach of Terms of Trust
Public reserves and domains — Land vested in Borough for Recreation Purposes and Memorial Hall erected thereon — Such Land held on Charitable Trust — Council's Powers Administrative Only — Power to Regulate Admission including Power to prohibit Admission on Reasonable Grounds — Refusal of Use of Hall for Public Bible Reading constituting Unjust Discrimination — Public Reserves and Domains Act 1953, s. 32 (1) (g)
Administrative law — Land with Memorial Hall thereon Vested in Borough — Council's Powers to Regulate Admission to Hall including Power to prohibit Admission on Reasonable Grounds — Council's Powers administrative only — Council not required to act, in Respect of regulating Admission to Hall, in Judicial or Quasi-judicial Manner — Reserves and Domains Act 1953, s. 32
Practice — Parties — Foreign Corporation Suing in Corporate Name — Such Corporation competent to seek Declaratory Order or an Order under Charitable Trusts Act 1957 — "Person" — Acts Interpretation Act 1924, s. 4 — Declaratory Judgments Act 1908, s. 3 — Charitable Trusts Act 1957, s. 60.
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