28 Oct 2014
McCaw Lewis Trustees (No. 4) Limited [2014] NZHC 2627
- Citation
- [2014] NZHC 2627
- Court
- High Court
The court held that a reasonable and properly informed reader of the deed would construe "other public charitable institution" to include charitable trusts such as the Mahi-a-Ngakau Trust; there is no sustainable legal distinction in the deed between "public" and "private" charities sufficient to exclude a registered charitable trust, and therefore trustees are entitled to distribute income or capital to Mahi-a-Ngakau Trust.