18 Nov 2015
NZ MAORI COUNCIL v FOULKES CA247/2014 [2015] NZCA 552
- Citation
- [2015] NZCA 552
- Court
- Court of Appeal
The trust deed (clause 6.2) does not authorize NZMC or FOMA to delegate their joint power of appointment to a separately constituted third party; the power is fiduciary and non‑delegable absent express authority; the January 2014 agreement constituted an unlawful delegation; parties may, however, form bodies to make recommendations provided ultimate appointment decisions are made by and under the control of each appointor's executive in accordance with their constitutions; appeal dismissed and fresh evidence excluded.