New Zealand Case Law: Decisions & Judgments

Topic

Trustee powers and duties

Legal area

Court

20 May 2021

CHURCH PROPERTY TRUSTEES v CARRELL [2021] NZHC 1130

Citation

[2021] NZHC 1130
Court

High Court

The Court directed that the surplus arising from the insurance settlement be held for building insurance on the same trusts as the respective property trusts and that the portion relating to contents be held for the ministry units that beneficially own the contents; the surplus is to be allocated to insured properties/contents where entitlements arose and divided proportionately according to the value of each claim entitlement; CPT's reimbursement of the GTE and contributing ministry units for the 2012/2013 premiums, including interest, was lawful; CPT may recover indemnity costs from the sur…
19 Sept 2012

JASPERS v GREENWOOD & JASPERS HC WN CIV 2012-485-1772

Citation

openlaw-24d584c8_8922_4605_a2d4_6a0fe8dc0892.pdf
Court

High Court

S68 did not apply because the trustee's duty to sell derived from the High Court consent orders (s66 direction) rather than from the Trustee Act; even if s68 applied the applicant bore the onus to demonstrate ultra vires action, bad faith, irrelevant consideration or Wednesbury unreasonableness; the trustee's decision to prefer open-market sale and to reject off-market proposals by a beneficiary was within the range of reasonable responses and not reviewable, so the application was dismissed.
3 Aug 2011

THE ST BARNABAS ROSENEATH TRUST BOARD HC WN CIV-2011-485-1254

Citation

openlaw-10ac4cb1_63d6_486c_94d8_0dd6cd42eae9.pdf
Court

High Court

The application was granted because the Attorney-General reported the changes were administrative, the evidence demonstrated the s33 test of facilitating administration was met, and proper public notice had been given.
17 Dec 2003

DOREEN MARY FITZGERALD AND RODNEY ARTHUR MILLS V ARNOLD GERARD FITZGERALD, MARIE ROSE MILLS, DANIEL ANTHONY FITZGERALD, THERESE MARY MUGGERIDGE, ANGELA MARY KISER, PATRICIA MARY MUGGERIDGE AND LOUISE MARY BUGLER CA CA86/03

Citation

openlaw-66f7c613_dae5_4b42_85e0_8a2a3c8fec4f.pdf
Court

Court of Appeal

The Court held clause 1(c)(4) vests net annual income arising after each beneficiary attains 21 equally as tenants in common; however trustees' annual determinations under clauses 3 and 4 can and did operate to retain part of income as a reserve so that retained accumulated income did not vest in the beneficiaries; therefore Salmon J's orders were set aside and the appeal allowed.

New Zealand Case Law

CHURCH PROPERTY TRUSTEES v CARRELL [2021] NZHC 1130

JASPERS v GREENWOOD & JASPERS HC WN CIV 2012-485-1772

THE ST BARNABAS ROSENEATH TRUST BOARD HC WN CIV-2011-485-1254

DOREEN MARY FITZGERALD AND RODNEY ARTHUR MILLS V ARNOLD GERARD FITZGERALD, MARIE ROSE MILLS, DANIEL ANTHONY FITZGERALD, THERESE MARY MUGGERIDGE, ANGELA MARY KISER, PATRICIA MARY MUGGERIDGE AND LOUISE MARY BUGLER CA CA86/03