Setter v
[2021] NZHC 1381
•10 June 2021
IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY
I TE KŌTI MATUA O AOTEAROA AHURIRI ROHE
CIV-2021-441-6
[2021] NZHC 1381
UNDER Part 18 of the High Court Rules 2016 and the Trusts Act 2019 IN THE MATTER OF
an application without notice for directions as to service and representation
IN THE MATTER OF
an application to the Court for authorisation to vary a trust deed
BETWEEN
ALISTAIR JAMES SETTER, PATRICK MARCUS PEACOCK, KAREN ELIZABETH MIDDELBERG, ELIZABETH CLEMENT JANE GRAY TOSWILL, CALLUM LEICESTER GRAY, CATERINE ANNE AVERY, AND GEORGE HUGH WILLIAMS AS TRUSTEES OF CENTRAL HAWKES BAY CONSUMERS POWER TRUST
Applicants
Hearing: On the Papers Counsel:
H J P Wilson for Applicants G Kelly for Beneficiaries
Judgment:
10 June 2021
RESULTS JUDGMENT OF ISAC J
[1] This proceeding concerns an application for authorisation to vary a trust deed of the Central Hawkes Bay Consumers Power Trust. Following a minute of 11 May 2021, I received further submissions from counsel on 2 June 2021.
Setter [2021] NZHC 1381 [10 June 2021]
[2] In a memorandum today, counsel enquired whether a judgment will issue shortly given that the returning officer supervising an election of trustees to the Trust will need to know the number of nominations to call by 18 June 2021.
[3] In light of that, I confirm the variation of the trust deed — as annexed to the affidavit of Alistair James Setter at AJS-2 — is granted with reasons to follow.
Isac J
Solicitors:
Dentons, Kensington Swan, Wellington for Applicants