New Zealand Case Law: Decisions & Judgments

Topic

Amendment of trust deed

Legal area

Court

4 Feb 2022

RE TREVOR WILSON TRUSTEE LIMITED [2022] NZHC 97

Citation

[2022] NZHC 97
Court

High Court

The Court granted leave to use the originating application for the s133 directions because it was efficient to consider the directions and the Charitable Trusts Act scheme application together, full pleadings and discovery were unnecessary given the purely interpretive nature of the issue, and hearing by originating application best promoted a just, speedy and inexpensive determination; the Court directed service on the parties named at para [2](k) and para [2](l) of the application and noted the statutory advertising and objection process under the Charitable Trusts Act 1957.
2 Oct 2020

The New Zealand Institute for Cancer Research Trust [2020] NZHC 2600

Citation

[2020] NZHC 2600
Court

High Court

The Court approved the amended deed because the deletion of the winding-up provision, explicit limits on amendment powers to prevent exhaustion of assets, and the imposition of a five per cent annual cap on capital application addressed the Court's and Attorney-General's concerns, and the Attorney-General reported the scheme and deed were proper and could be approved.
28 Aug 2019

Triezenberg v Mason [2019] NZHC 2125

Citation

[2019] NZHC 2125
Court

High Court

The Court held that while the first defendant was entitled in principle to indemnification from the Mamari No.2 Trust for reasonable costs incurred in defending removal as trustee, specific categories of costs were excluded: (a) costs arising from an improperly issued subpoena and the set-aside application (indemnity costs awarded against him are deductible), (b) costs related to the 11 March 2018 deeds and associated trustee meetings were not incurred in his capacity as trustee (they were appointer actions) and are excluded from indemnity. The remaining solicitor fees were not, on their face…
23 Aug 2017

RE THE DUFFY FAMILY TRUST [2017] NZHC 2025

Citation

[2017] NZHC 2025
Court

High Court

Given the death of one trustee and the established medical incapacity of a second trustee, the Court had power under the Trustee Act and its inherent jurisdiction to remove the incapacitated trustee, appoint a professional replacement trustee, vest the trust property in the continuing and replacement trustees, and amend the trust deed to add the proposed indemnity clause to enable proper ongoing administration of the trust.
13 Nov 2014

NYSSE v NYSSE [2014] NZHC 2833

Citation

[2014] NZHC 2833
Court

High Court

The defendant's conduct in diverting business and funds, causing financial detriment to the companies owned by the trust and failing to engage with co‑trustee or provide accounts amounted to conduct detrimental to the trust and beneficiaries; accordingly the Court has power under s51 Trustee Act 1956 and its inherent jurisdiction to remove the defendant as trustee, appoint an independent replacement and amend the trust deed to vest appointment/removal powers jointly in the plaintiff and the independent trustee to protect beneficiaries.
9 Sept 2014

BLACK AND PERPETUAL TRUST LTD v BLACK [2014] NZHC 2165

Citation

[2014] NZHC 2165
Court

High Court

The amended trust deed was approved because the applicants produced an amended draft that addressed the Court's prior reservations; the deed now provides for the merger of the AHC Nutt Trust assets with the CAC Trust and the Court made the order in accordance with the submitted draft order.

New Zealand Case Law

RE TREVOR WILSON TRUSTEE LIMITED [2022] NZHC 97

The New Zealand Institute for Cancer Research Trust [2020] NZHC 2600

Triezenberg v Mason [2019] NZHC 2125

RE THE DUFFY FAMILY TRUST [2017] NZHC 2025

NYSSE v NYSSE [2014] NZHC 2833

BLACK AND PERPETUAL TRUST LTD v BLACK [2014] NZHC 2165