6 May 2021
PUBLIC TRUST v KAIN [2021] NZHC 1000
- Citation
- [2021] NZHC 1000
- Court
- High Court
Public Trust is not bound by the 1997 Deed of Arrangement as trustee; for the Waitaha Trust Public Trust must, when reasonably able and consistent with its duties, take into account the Equality Clause for the six signatories to the 1997 deed but is not required to apply equality more broadly to non‑signatory beneficiaries or to other trusts (and cannot take the 1997 deed into account for the Middle Road Block Trust where no signatories are beneficiaries); trustees must take into account the settlor's wishes and may, in principle, treat later inconsistent wishes as overriding earlier ones whi…