New Zealand Case Law: Decisions & Judgments

Topic

Transitional provisions of trusts act 2019

Legal area

Court

7 Jun 2023

RE RODLEY (EJM FAMILY TRUST) [2023] NZHC 1411

Citation

[2023] NZHC 1411
Court

High Court

Leave to proceed by originating application was granted because the matter was administrative, unopposed and suitable for summary determination under r 19.5; because the trustee changes occurred before the Trusts Act 2019 commencement, sch 1 cl 11(2) required application of s 52 Trustee Act 1956; applicants were validly appointed trustees and beneficiaries consented; accordingly a vesting order under s 52 was necessary and properly granted to vest OT91/263 in the current trustees.
9 Feb 2023

WELLS v MARSHALL [2023] NZHC 136

Citation

[2023] NZHC 136
Court

High Court

Because the respondent was validly removed prior to the commencement of the Trusts Act 2019 and clause 11 of sch 1 requires vesting to be completed as if that Act had not commenced, and because the court is satisfied it is expedient (on grounds of suitability, practicality and efficiency) to vest the property in the continuing trustees to enable proper administration and address pressing mortgage matters, a vesting order under s 52(1)(h) Trustee Act 1956 is warranted.
24 Mar 2022

MASON v STOCKER [2022] NZHC 564

Citation

[2022] NZHC 564
Court

High Court

Because the Trusts Act 2019 transitional provision (sch 1 cl 11) required completion of divesting and vesting as if the new Act had not commenced, and because a trustee named on title was incapacitated and another trustee had been validly removed for incapacity, the Court had jurisdiction under s 52 Trustee Act 1956 to make a vesting order; further, leave to use an originating application was justified under r 19.5 and service was properly dispensed with, therefore the property was vested in the current trustees to enable winding up of the Trust.
19 Nov 2021

RE THE PAGEL FAMILY HOME TRUST [2021] NZHC 3142

Citation

[2021] NZHC 3142
Court

High Court

Given credible medical evidence of incapacity affecting the validity of a trustee's resignation and appointment, the consent of the co‑trustee and primary beneficiaries, and the transitional operation of the Trusts Act 2019 which requires the matter be dealt with under the Trustee Act 1956, the court will exercise its statutory and equitable jurisdiction to remove the incapacitated and resigning trustees, confirm and appoint the replacement trustees, and vest the trust property in them, permitting the application to proceed without service or a litigation guardian where appropriate.

New Zealand Case Law

RE RODLEY (EJM FAMILY TRUST) [2023] NZHC 1411

WELLS v MARSHALL [2023] NZHC 136

MASON v STOCKER [2022] NZHC 564

RE THE PAGEL FAMILY HOME TRUST [2021] NZHC 3142