3 Nov 2023
AUIMATAGI & ORS v MANGERE CONGREGATIONAL CHURCH OF JESUS TRUST BOARD [2023] NZHC 3120
- Citation
- [2023] NZHC 3120
- Court
- High Court
Claims alleging fiduciary duties owed by the charitable trust and its trustees to individual congregants are legally misconceived because charitable trusts have objects not private beneficiaries; therefore those causes of action fail as a matter of law. The Trust's constitution gave the Board authority to manage property, including appointment of a minister and manse allocation, so the pleaded challenges to power fail. First, fourth and fifth causes of action were struck out; second and third causes as pleaded did not disclose a tenable claim but may be amended to plead bad faith revocation o…