New Zealand Case Law: Decisions & Judgments

Topic

Trustee powers

Legal area

Court

4 Dec 2023

BLAKEBOROUGH v BLAKEBOROUGH-KIRK [2023] NZHC 3495

Citation

[2023] NZHC 3495
Court

High Court

The trustees had power under cl10.1 of the deed, with the appointor's consent, to resettle unallocated trust capital; the Court under s66 Trustee Act 1956 should direct resettlement because it best protects beneficiary interests given risk of imprudent management, the settlors' memorandum of wishes, the breakdown of trustee-beneficiary relations, and the formal proof requirements were satisfied.
11 Sept 2023

KAIN v PUBLIC TRUST [2023] NZHC 2535

Citation

[2023] NZHC 2535
Court

High Court

Application dismissed because the Court was not satisfied the distribution deed was reasonably necessary for the applicants to enforce the Trust: their contingent interests have been effectively extinguished, significant delay undermines the utility of disclosure, no convincing confidentiality concern was shown, and disclosure would not alter the present position; therefore disclosure was not required under ss 52–53 of the Trusts Act 2019.
5 May 2023

STOTTER and HALE [2023] NZHC 1032

Citation

[2023] NZHC 1032
Court

High Court

The notations were removed because Parliament no longer provides for adding such notations, they serve no useful purpose, they impede trust administration under s132, the trustees have authority to deal with the land, beneficiaries consented, and removal causes no prejudice; accordingly the Court ordered removal and dispensed with advertisement.
19 Aug 2022

KERRI-ANN MAREE HALLIDAY v SHANE CHRISTOPHER HANNAH [2022] NZHC 2066

Citation

[2022] NZHC 2066
Court

High Court

Summary judgment was declined because disputed factual and credibility issues exist regarding the trustee's state of mind and knowledge at the time of the 2021 transfer and because the Trust Deed and the pleadings do not establish an unambiguous basis for an order for sale; even if sale were available, mandatory discretionary considerations (including contributions and hardship) require a full factual inquiry unsuited to summary disposition.
12 May 2022

RE THE NEW ZEALAND MEDICAL EDUCATION TRUST EX PARTE PERPETUAL TRUST LTD [2022] NZHC 996

Citation

[2022] NZHC 996
Court

High Court

The Court held the proposed scheme would facilitate administration of the charitable trust by replacing an impracticable Council with an Advisory Board and vesting decision-making power in the trustee; given Perpetual's experience and the modest corpus the continuation of Perpetual as sole trustee is appropriate provided an independent remuneration review mechanism is added; accordingly the scheme was approved with the specified modification.
5 Mar 2021

OSBORNE FAMILY TRUST (EX PARTE APPLICATION) [2021] NZHC 391

Citation

[2021] NZHC 391
Court

High Court

The court granted sanction to remove the "no survivorship" endorsement because the notation is no longer necessary, its continuation would serve no useful purpose and could stifle dealings under s 132, the trustees are empowered by the trust deed to deal with the land, beneficiaries consent and no prejudice arises.
22 Jun 2020

MACKINTOSH & ANOR v THOMAS & ORS [2020] NZHC 1404

Citation

[2020] NZHC 1404
Court

High Court

The application for declarations was dismissed because the matters sought were not omitted issues within the court's reserved leave and because the court will not alter terms of a negotiated sale and loan agreement or impose alternative security arrangements beyond the parties' agreement.
11 Mar 2020

JUSTITIAE TRUSTEE CO LTD v NZF NOMINEES LTD [2020] NZHC 471

Citation

[2020] NZHC 471
Court

High Court

Leave to discontinue was granted because the disputed issues are primarily internal to the trust and concern the exercise of trustee powers by NZF; Trinity is a stranger to the administration of the trust, supports discontinuance, and no injustice or abuse of process was demonstrated that would justify refusing discontinuance; the interim injunction circumstances had changed and the plaintiff undertook to delete declarations directed at Trinity.
27 Jan 2020

SCRIVENER v BURT [2020] NZHC 27

Citation

[2020] NZHC 27
Court

High Court

Because the co‑trustee could not be located and the only estate asset required sale under the will, the Court dispensed with service under r 7.23 and, pursuant to s 52 Trustee Act 1956, vested the property in the sole remaining trustee (Scrivener) and ordered its sale to give effect to the testator's will, with sale‑related costs to be paid from the estate.
8 Apr 2019

DAWSON v SNEDDEN & ANOR [2019] NZHC 736

Citation

[2019] NZHC 736
Court

High Court

The Court, exercising its inherent jurisdiction, ordered the executors to make an interim distribution of $100,000 from the estate to the trust to be paid to Ms Reid because (i) the trust held negligible cash yet the estate held substantial assets, (ii) Ms Reid faced real and pressing hardship and would likely be entitled to a significant share even if competing claims succeeded, and (iii) the distribution would not likely prejudice other beneficiaries; the order was made subject to a written undertaking indemnifying the executors against shortfall liabilities.