IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2024-404-000752
[2025] NZHC 364
UNDER Part 19 of the High Court Rules 2016 IN THE MATTER
of the Calvary Indian Assembly of God
BETWEEN
SON SINGH
First Applicant
RAJESH JATTAN
Second Applicant
AND
CHERYL SINGH
First Respondent
CARROL PRASAD
Second Respondent
URMILA NARAYAN
Third Respondent
Hearing: 26 September 2024 Counsel:
P J Napier and J Y Leenoh for Applicants N W Woods and for Respondents
Judgment:
3 March 2025
JUDGMENT OF VAN BOHEMEN J
This judgment was delivered by me on 3 March 2025 at 3 pm pursuant to r 11.5 of the High Court Rules 2016.
Registrar/Deputy Registrar
……………………………..
Solicitors:
K3 Legal, Auckland Rice Craig, Auckland
SINGH v SINGH [2025] NZHC 364 [3 March 2025]
[1] This application concerns the Calvary Indian Assembly of God (Calvary, sometimes referred to as the Assembly or the Church). Calvary has been established as a charitable trust (the Trust). The Trust has a board of trustees (the Trust Board), who hold assets on trust for Calvary under a trust deed. The assets include a church at Nikau Road, Ōtāhuhu for services for the members of Calvary. Under separate rules providing for Calvary to be an incorporated society, it also has a board, which is responsible for its management and organisation (the Church Board).
[2] In the period under consideration, all members of the Trust Board were also members of the Church Board and, with one exception, all members of the Church Board were also members of the Trust Board. Despite the slight mismatch in memberships, in practice, the two Boards were treated as one and the same. I note that the same applied to equivalent bodies considered by the Court of Appeal in Time v Fagalilo, another decision involving an Assembly of God church.1
[3] However, because the two Boards are subject to different rules, I consider it important to maintain the distinction between the two sets of memberships. In this judgment, I use the terms “Trustees” to refer to members of the Trust Board and “Board members” to refer to members of the Church Board.
The application
[4] Son Singh and Rajesh Jattan (the Applicants), who were elected as Trustees and Board members in July 2022, apply under ss 112, 114 and 133 of the Trusts Act 2019 for orders directing that:
(a)all current Trustees and Board members retire; and
(b)a special meeting of members of Calvary is called to elect five new Trustees/Board members.
[5] The application proposes eligibility criteria for persons who could be nominated for election as Trustees/Board members and for Calvary members entitled
1 Time v Fagalilo [2011] NZCA 402 at [24].
to vote in the elections. The proposed criteria are based on completion of membership forms, attendance at Church services and the payment of tithes.
[6] The Applicants say the orders are needed because there is an irreconcilable division between the current Trustees/Board members. The division has resulted…
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