J H TAMIHERE & ORS V E TAUMAUNU & ORS HC AK CIV 2005-404-6958

J H TAMIHERE & ORS V E TAUMAUNU & ORS HC AK CIV 2005-404-6958

The Rules vested the Whanau with the right to elect trustees; the AGM validly elected five named plaintiffs (as part of seven elected trustees to fill vacancies up to the Rules' maximum) and the Board had no power under the Rules or law to refuse recognition or to substitute its own appointees; consequently interim injunctive relief ordering recognition and participation was warranted.

Citation
openlaw-10a91ac6_bcc8_4824_9617_372063e5ba1e.pdf
Parties
Plaintiff: John Henry Tamihere; Plaintiff: Sean McGarry; Plaintiff: Dixon McIver; Plaintiff: Moyna Grace; Plaintiff: Airini Tukerangi; First Defendant: Evelyn Taumaunu; First Defendant: Rangimarie Naida Glavish; First Defendant: Ricky Martin Houghton; First Defendant: Isabella Mano; First Defendant: Ngaire Te Hira; First Defendant: Robert Mervyn Newson; First Defendant: Joseph Tarau; First Defendant: Alfred Benjamin Pukepuke; Second Defendant: Rawiri Waititi; Second Defendant: Joseph Teira Waru
Court
High Court
Jurisdiction
New Zealand
Judgment Date
21 December 2005
Procedural Posture
Civil Proceeding Charitable Trust Dispute / Interim Injunction Hearing (interlocutory)
Outcome
Interim injunction granted; plaintiffs recognised as trustees pending further order
Legal Topics
Validity of Trustee Election, Interpretation of Trust Rules/constitution, Powers of Board Vs Beneficiaries, Interim Injunctive Relief, Uncertainty in Trust Rules
Charitable Trust Law Trusts and Fiduciary Duties Company/board Governance Civil Procedure Injunctions Incorporation Under Charitable Trusts Act Validity of Trustee Election Interpretation of Trust Rules/constitution Powers of Board Vs Beneficiaries +2 more

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Parties

John Henry Tamihere

Plaintiff

Sean McGarry

Plaintiff

Dixon McIver

Plaintiff

Moyna Grace

Plaintiff

Airini Tukerangi

Plaintiff

Evelyn Taumaunu

First Defendant

Rangimarie Naida Glavish

First Defendant

Ricky Martin Houghton

First Defendant

Isabella Mano

First Defendant

Ngaire Te Hira

First Defendant

Robert Mervyn Newson

First Defendant

Joseph Tarau

First Defendant

Alfred Benjamin Pukepuke

First Defendant

Rawiri Waititi

Second Defendant

Joseph Teira Waru

Second Defendant

Procedural Posture

Civil Proceeding Charitable Trust Dispute / Interim Injunction Hearing (interlocutory)

Legal Issues

  1. 1 Whether five plaintiffs were validly elected as trustees at the AGM
  2. 2 Whether the existing Board had power under the Rules or law to refuse to recognise those elected trustees
  3. 3 Whether the "disrepute" resolution could validly be used to exclude elected trustees

Ratio Decidendi

The Rules vested the Whanau with the right to elect trustees; the AGM validly elected five named plaintiffs (as part of seven elected trustees to fill vacancies up to the Rules' maximum) and the Board had no power under the Rules or law to refuse recognition or to substitute its own appointees; consequently interim injunctive relief ordering recognition and participation was warranted.

Court Disposition

Interim injunction granted; plaintiffs recognised as trustees pending further order

Orders

  • The Defendants shall recognise John Henry Tamihere, Sean McGarry, Dixon McIver, Moyna Grace and Airini Tukerangi as validly elected members of the Trust Board of Te Whanau o Waipareira Trust.
  • The Defendants shall permit the five named plaintiffs to participate as members of the Trust Board in carrying out the Board's functions under rule 4 of the Rules.