10 Sept 2021
RE THE OREWA ROTARY TRUST BOARD INCORPORATED [2021] NZHC 2377
- Citation
- [2021] NZHC 2377
- Court
- High Court
The court refused to approve the proposed scheme because the applicant failed to establish that the substituted trust deed accords as closely as is reasonably possible with the terms of the original trust settlement—in particular there was insufficient evidence that limiting the geographic focus to the Hibiscus Coast reflected the settlor's intention—and the applicant did not demonstrate that the original purposes were impossible, impracticable or inexpedient; procedural prerequisites were met but substantive statutory tests under ss 32 and 33 were not satisfied.