New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Section 130 trusts act 2019

Legal area

Court

24 Aug 2023

RE THE JUBILEE CRIPPLED CHILDREN FOUNDATION TRUST BOARD [2023] NZHC 2318

Citation

[2023] NZHC 2318
Court

High Court

The Court has jurisdiction under s130 of the Trusts Act to vary trustees' appointment powers; the proposed variation vesting appointment power in the trustees is necessary and desirable for proper management, does not alter beneficiary interests or involve distribution, and interested persons were afforded an opportunity to be heard (advertised on the trust website); the Attorney-General does not oppose the application, therefore clause 6 is varied as proposed.
10 Jun 2021

SETTER [2021] NZHC 1603

Citation

[2021] NZHC 1603
Court

High Court

The Court authorised the variation of the Trust Deed under its inherent jurisdiction because the proposed change (expanding beneficiary appointment of trustees) did not alter beneficiaries' beneficial interests, was necessary or desirable for proper management, and while s130 broadly addresses variations of trustee powers, the particular amendment to appointment powers fell most appropriately to be authorised under the Court's inherent jurisdiction.