Finch

[2025] NZHC 3041

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2025-485-482

[2025] NZHC 3041

IN THE ESTATE

of BRUCE ROBERT FINCH

BETWEEN

CAMERON DIRK FINCH

Applicant

Hearing:	On the papers
Appearances:	G W D Manktelow for Applicant
Judgment:	15 October 2025
Reissued:	5 November 2025

JUDGMENT OF ISAC J

[Application for letters of administration]

Background

[1]                 The applicant, Mr Cameron Finch, seeks the grant of letters of administration in the estate of his late father,  Mr  Bruce  Finch,  who  died  on  26  March  2024. Mr Finch Snr died leaving three adult children but did not have a surviving spouse or partner. Accordingly, his three children (including the applicant) have a prior right to administration of the estate under s 6 of the Administration Act 1969.

[2]                 One of the applicant’s sisters, Ms Natalie Finch, has provided a signed consent to the appointment of Cameron as sole administrator of the estate. A consent has also been provided by Mr Finch Snr’s former wife, although her consent was unnecessary. Their marriage was dissolved some years ago and Mr Finch Snr did not subsequently remarry, enter into a civil union, or live in a de facto relationship prior to his death.

FINCH [2025] NZHC 3041 [15 October 2025]

[3]                 That leaves the position of Mr Finch Snr’s other daughter, Juliette Finch. Juliette is said to reside somewhere in the United States of America and is not in contact with her New Zealand based family. The applicant has no means of effecting personal service on her, and for that reason made an application for substituted service by sending the papers to Juliette’s last known email address. McQueen J granted that order on 12 August 2025, but as McHerron J noted in a minute of 2 September 2025, in effecting service Juliette was not asked whether she consented to Cameron’s appointment as administrator. He directed that Juliette should be sent a further email requesting her consent within two weeks, accompanied by a direction that the Court would assume that Juliette did not oppose the application if no response was forthcoming.

[4]                 A further email was therefore sent to Juliette. No response has been forthcoming. The proceeding has therefore been referred to me as Duty Judge for determination.

Consideration

[5]                 Under s 6(1) of the Administration Act, in granting letters of administration the Court must have regard to the rights of all persons interested in the estate, provided that where the deceased died wholly intestate “administration shall be granted to some 1 or more persons beneficially interested in the estate of the deceased, if they make an application for the purpose”.

[6]                 Under r 27.35(4) of High Court Rules 2016, persons having a beneficial interest in the estate are entitled to a grant of administration in the following order of priority:

(a)the surviving spouse or civil union partner or de facto partner entitled to succeed on the intestacy, if paragraph (b) does not apply and his or her beneficial interest in the estate is not affected,—

(i)    in the case of a surviving spouse, by section 12(2) of the Matrimonial Proceedings Act 1963 (as applied by section 191(3) of the Family Proceedings Act 1980); or

(ii)in the case of a surviving spouse or a surviving civil union partner, by section 26(1) of the Family Proceedings Act 1980; or

(iii)in the case of a surviving de facto partner, by section 77B of the Administration Act 1969; or

(iv)in every case, by the choice of option A under section 61 of the Property (Relationships) Act 1976:

[…]

(c)the children of the deceased (including any persons entitled by virtue of the Legitimation Act 1939 or the Status of Children Act 1969) or, failing them, the issue of a child who has died during the lifetime of the deceased:

(d)the parent or parents of the deceased:

(e)brothers and sisters of full or half blood, or, failing them, the issue of any such brother or sister who has died during the lifetime of the deceased:

(f)grandparents:

(g)uncles and aunts of full or half blood, or failing them, the issue of an uncle or aunt who has died during the lifetime of the deceased.

[7]                 Having considered the evidence filed in support of the application, I am satisfied it is appropriate to grant letters of administration on the applicant. The following factors lead me to this conclusion:

(a)in terms of s 6(1) of the Administration Act, the applicant is beneficially interested in the estate and has applied for administration for that purpose;

(b)the applicant has equal priority with his siblings to the grant of administration;

(c)there are no family members with a higher priority;

(d)there is evidence confirming Mr Finch has no other children or family who might have an interest in his estate;

(e)one sibling consents to the application;

(f)the other has been served and does not oppose the application; and

(g)the deceased’s estate is modest — being approximately $30,000.

Result

[8]                 The application for an order granting the applicant letters of administration is granted.

Isac J

Solicitors:

Guy Maktelow, Lower Hutt for Applicant