26 Jun 2012
PROPRIETORS OF WAKATU INCORPORATED v THE ATTORNEY-GENERAL HC WN CIV-2010-442-181
- Citation
- openlaw-4df1ce18_e57e_4bd9_b061_5e1899d912b3.pdf
- Court
- High Court
The 1845 Crown Grant and surrounding historical materials did not establish the requisite certainty of intention to create the private law express trust alleged; the Crown was acting in a governmental/public capacity and contemporaneous arrangements and legislation (including the pathway to statutory administration of reserves) point to public trust/administrative regimes rather than a private endowment trust; resulting, institutional constructive trust and relational good faith claims were not supported on the facts or law; the plaintiffs lacked standing to enforce the asserted fiduciary cla…