Setter [2021] NZHC 1381

Setter [2021] NZHC 1381

The Court authorised the variation because the application complied with the Court's supervisory jurisdiction under the Trusts Act 2019 and High Court Rules, the proposed amendment was properly annexed and documented (AJS-2), and the beneficiaries (through counsel) did not oppose immediate authorisation; urgency tied to trustee election logistics justified immediate determination.

Citation
[2021] NZHC 1381
Parties
Applicant Trustee: Alistair James Setter; Applicant Trustee: Patrick Marcus Peacock; Applicant Trustee: Karen Elizabeth Middelberg; Applicant Trustee: Elizabeth Clement Jane Graytoswill; Applicant Trustee: Callum Leicester Gray; Applicant Trustee: Caterine Anne Avery; Applicant Trustee: George Hugh Williams; Trust: Central Hawkes Bay Consumers Power Trust; Respondent Beneficiaries: Beneficiaries
Court
High Court
Jurisdiction
New Zealand
Judgment Date
10 June 2021
Procedural Posture
Application for Authorisation to Vary a Trust Deed Under the Trusts Act 2019 / Judgment Issued (variation Granted; Reasons to Follow)
Outcome
Variation of the trust deed authorised
Legal Topics
Variation of Trust Deed, Court Authorisation of Trust Variations, Service and Representation Under High Court Rules Part 18, Trust Supervision
Trusts Civil Procedure Equity Variation of Trust Deed Court Authorisation of Trust Variations Service and Representation Under High Court Rules Part 18 Trust Supervision

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Parties

Alistair James Setter

Applicant Trustee

Patrick Marcus Peacock

Applicant Trustee

Karen Elizabeth Middelberg

Applicant Trustee

Elizabeth Clement Jane Graytoswill

Applicant Trustee

Callum Leicester Gray

Applicant Trustee

Caterine Anne Avery

Applicant Trustee

George Hugh Williams

Applicant Trustee

Central Hawkes Bay Consumers Power Trust

Trust

Beneficiaries

Respondent Beneficiaries

Procedural Posture

Application for Authorisation to Vary a Trust Deed Under the Trusts Act 2019 / Judgment Issued (variation Granted; Reasons to Follow)

Legal Issues

  1. 1 Whether the Court should authorise the proposed variation of the Central Hawkes Bay Consumers Power Trust deed as annexed to AJS-2
  2. 2 Whether directions as to service and representation were required for the application
  3. 3 Whether the urgent timing for trustee election processes justified immediate determination

Ratio Decidendi

The Court authorised the variation because the application complied with the Court's supervisory jurisdiction under the Trusts Act 2019 and High Court Rules, the proposed amendment was properly annexed and documented (AJS-2), and the beneficiaries (through counsel) did not oppose immediate authorisation; urgency tied to trustee election logistics justified immediate determination.

Court Disposition

Variation of the trust deed authorised

Orders

  • The variation of the trust deed annexed to the affidavit of Alistair James Setter at AJS-2 is granted
  • Reasons for this judgment to follow