24 Nov 2022
MCKEEFRY & ORS as trustees of SCANPOWER CUSTOMER TRUST [2022] NZHC 3102
- Citation
- [2022] NZHC 3102
- Court
- High Court
Clause 15 of the Trust Deed authorises court amendment; the existing definition risked including retailers contrary to the Trust's manifest purpose to benefit end‑point consumers and to the separation imposed by the Electricity Industry Reform Act 1998; precedent supports court approval of such an amendment where lawful, made in good faith and not unreasonable; accordingly the Court granted the trustees' application to replace the definition of 'Customer' and 'the Customers' to align with the Trust's original purpose.