Patea Old Folks Association Incorporated

[2022] NZHC 1856

IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY

I TE KŌTI MATUA O AOTEAROA NGĀMOTU ROHE

CIV-2022-443-28

[2022] NZHC 1856

UNDER

section 8 of the Trusts Act 2019

IN THE MATTER OF

an application by the Patea Old Folks Association Incorporated for an Order that the land in Record of Title TN20/226

(Taranaki Registry) be transferred into the name of the Patea Old Folks Association Incorporated and that its name be registered as the owner of such land

Counsel:	I D Matheson for the Applicant
Judgment:	29 July 2022

JUDGMENT OF PALMER J

Solicitors
Connect Legal Taranaki, New Plymouth

PATEA OLD FOLKS ASSOCIATION INCORPORATED [2022] NZHC 1856 [29 July 2022]

[1]    The Patea Old Folks Association Inc (the Association) applies to bring proceedings by way of originating application without notice, because no one else has an interest in the proceedings. It seeks an order that land at 137 Egmont St, Patea, (upon which is the hall used by the Association), be transferred into its name. The land was purchased in 1964 before the Association was incorporated in 1972. It was purchased in the name of the Chair of the Association at the time, Mr Douglas Ansley, who died in September 1971. His wife, Mrs Eileen Ansley, died in 1975 with no will. The land has never been transferred into the name of the Association. Land Information New Zealand declined an application to transfer the land to the Association on the basis it considers the land was held in trust for the Association. That appears to be correct.

[2]    On 27 June 2022, I directed the applicant to file an affidavit regarding the position of the only surviving child of Mr Douglas Ansley, Mr Rex Ansley. The applicant has filed an affidavit by Ms Bayley Roylance, solicitor, who exhibits correspondence with Ms Petra Allen, solicitor for Mr Rex Ansley. Ms Allen was advised of the call of the matter in the List. She formally confirms by letter of 5 July 2022 that Mr Rex Ansley consents to the orders sought by the Association.

[3]    In Keeley v R, Gault J ordered that property held by a company on trust at the time it was removed from the Companies Register vested in the applicants, under     s 52(1)(h) of the Trustee Act 1956.1 There is no equivalent provision in the Trusts Act 2019. But in Kahu v Westpac New Zealand Ltd, I held that the High Court has an equivalent power to that provision under its inherent jurisdiction.2

[4]    I am satisfied that Mr Douglas Ansley held the property on trust for the Association, it is still held on trust for that Association, and it is just and equitable for the title to be transferred to the Association. I make the order sought, transferring the title, as sought.

Palmer J

1      Keeley v The Crown [2019] NZHC 2533.

2      Kahu v Westpac New Zealand Ltd [2022] NZHC 1281 at [4], citing Ballantyne v Ballantyne [2021] NZHC 1190 at [17].