Burnett Mount Cook Station Charitable Trust

[2016] NZHC 2361

IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY

CIV-2016-476-000026 [2016] NZHC 2361

IN THE MATTER OF

BURNETT MOUNT COOK STATION

CHARITABLE TRUST

BETWEEN

MICHAEL ASKIN, TRUSTEE OF THE BURNETT MOUNT COOK STATION CHARITABLE TRUST

First Applicant

JOSEPH GORDON BUTTERFIELD DEREK JOHN TAYLOR

EUAN BOYD LINDSAY HILSON Second Applicants

THE ATTORNEY-GENERAL GUIDE HILL STATION LIMITED LINDA BEVERLEY SUNDBERG JANINE NORA SUNDBERG CLINT MILES

ALANA MILES DAVID GOULD

Parties Directed to be Served

NEVILLE JOHN CUNNINGHAM MOUNT COOK TROPHY HUNTING LIMITED

MAUREEN MYRA VANCE DAVID MICHAEL LAWRY ROYAL FOREST AND BIRD PROTECTION SOCIETY OF

NEW ZEALAND INCORPORATED KATRINA GRIFFITHS

Subsequent Parties (Objectors)

Hearing:

4 October 2016 (Day 3)

Appearances:

R J Hopkins for Public Trustee
J V Ormsby, H T Shaw and S D Campbell for Applicants
P J Page for Guide Hill Station Limited
G A Hair and M J McKay for L and J Sundberg
T J Castle for N Cunningham and Mount Cook Trophy Hunting
Limited

P Anderson for Royal Forest and Bird Protection Society of

RE:  BURNETT MOUNT COOK STATION CHARITABLE TRUST [2016] NZHC 2361 [4 October 2016]

New Zealand Incorporated

M M Vance - In Person
J R Finlayson - In Person
Professor R H Tane - In Person

Ruling:

4 October 2016

ORAL RULING (NO. 1) OF GENDALL J

[1]      Before the Court today is one remaining application with respect to this matter.  This is an application under s 66 Trustee Act 1956.  Ms Hopkins, counsel for the Public Trustee,  who  is  now the trustee of the Burnett  Mount  Cook  Station Charitable Trust, has confirmed today that the Public Trustee is prepared to be the applicant with respect to the s 66 application.

[2]      Notwithstanding this, Ms Hopkins indicated that the Public Trustee’s position seems to be that it is likely to simply abide the decision of the Court with respect to this application.

[3]      In  addition,  the  Public Trustee  wishes  to  make  it  clear  that  she  will  be protected for costs with respect to this application and confirmation from this Court is now provided regarding that aspect.

[4]      In terms of the overall application itself which was dated 9 May 2016 and filed in this Court on 10 May 2016 (which has now been effectively adopted by the Public Trustee as the substitute applicant), the application seeks in part orders from this Court for directions under s 66 of the Trustee Act 1956 concerning the sale of certain properties known respectively as Mount Cook Station and Cox’s Downs. Before me today Ms Hopkins for the Public Trustee indicated that there would be some usefulness to the trustee in a decision being made with respect to the s 66 application.  She confirmed, however, and I note that the application which is now effectively one brought in the name of the Public Trustee is for directions as to the sale of the Mount Cook Station and Cox’s Downs property generally.  As I see the

position, this is precisely what the application before the Court dated 9 May 2016 seeks.  It is on this basis that the s 66 application before the Court is to proceed.

[5]      So far as that application is concerned, I confirm that all parties who were present and made submissions before me when the hearing of these matters commenced on 15 and 16 September 2016 are entitled to be heard with respect to the s 66 application today.

...................................................

Gendall J

Solicitors:

Wynn Williams, Christchurch

Crown Law Office, Wellington

Malley & Co, Christchurch
Gallaway Cook Allan, Dunedin

Timothy Castle, Wellington

Lane Neave Christchurch

Copy to: Public Trustee Ms M Vance Mr D Lawry

Royal Forest & Bird Protection Society of New Zealand

Ms K Griffiths