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      Under the law of charity, is the principle of 'public benefit' being hindered by the doctrinal rule of precedent?

      Chevalier-Watts, Juliet
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      Under the Law of Charity.pdf
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       www.waikato.ac.nz
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      Chevalier-Watts, J. (2008). Under the law of charity, is the principle of ‘public benefit’ being hindered by the doctrinal rule of precedent? Waikato Law Review, 16, 194–208.
      Permanent Research Commons link: https://hdl.handle.net/10289/9683
      Abstract
      There is no explicit definition of what constitutes a ‘charitable trust’. S 2 of the Charitable Trusts Act 1957 defines it as ‘every purpose which in accordance with the law of New Zealand is charitable’.

      For a trust to be charitable legally, it must be for the public benefit, meaning:

      a) The purpose must be beneficial in a way that is charitable; and

      b) The benefit has to be shown to be available to the public, or a significant portion of it, not just to a distinct group of particular individual (other than in the case of relief of poverty).

      The definition of ‘charitable’ owes its origins to the list of purposes contained in the Preamble to the Elizabethan Statute of Charitable Uses Act 1601. The preamble stated that the following uses were deemed to be charitable:...
      Date
      2008
      Type
      Journal Article
      Publisher
      Te Piringa - Faculty of Law, University of Waikato
      Rights
      This article is published in the journal: Waikato Law Review. Used with permission.
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      • Law Papers [303]
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