Christchurch private school St Margaret’s College received a handsome bequest on the 2024 death of former pupil Amber Gazzard, but a gift of $567,000 specified for ‘general upkeep and preservation of school archives’ well exceeded school needs. A High Court order was needed to amend terms of this gift, allowing funds to be used in part for general school purposes.
Charities law is zealous in ensuring gifts for a charitable purpose are in fact used for their stated purpose.
For St Margaret’s College, it became an embarrassment of riches if Amber Gazzard’s bequest had to be used solely for upkeep of school archives. The High Court was told about $90,000 would be used to upgrade College archives: installing new shelving and display cabinets, upgrading lighting and technology, plus repainting.
It sought approval for the balance to be transferred to the College Foundation’s endowment fund, for general use within the College.
Charitable Trusts Act allows trust assets to be re-allocated, with court approval.
Courts are very sparing. Wishes of the original donor are to be respected.
As a guide, judges follow an ancient common law legal principle, known as the cy-pres doctrine: the proposed new purpose must fit as close as possible to the original purpose specified by the donor.
In the High Court, Justice Boldt ruled transfer of a $470,000 surplus to the College endowment fund would provide a benefit to the school, analogous to wording of her bequest.
The court was told Ms Gazzard was devoted to the school. She had for many years volunteered, maintaining school archives.
The $567,000 she gifted was the balance of her estate, after payment of several specific bequests.
re application by William Herbison for variation of Gazzard Charitable Trust – High Court (24.10.25)
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