Waho v Te Kohanga Reo National Trust

Toni Waho, a former trustee of Te Kōhanga Reo National Trust, brought proceedings against the Trust, seeking declarations that his removal from office was unlawful and that he did not bring the Trust into disrepute. The Trust removed Mr Waho on the grounds he had brought the Trust into disrepute by, in particular, going to Ministers with allegations of wrongdoing by Trust Board members and by members of the Board of Te Pātaka Ōhanga Ltd, the Trust’s commercial arm. The Court found Mr Waho was unlawfully removed and awarded him indemnity costs. The Trust sought to limit the costs it would be required to pay. The issues for the Court were whether Mr Waho was entitled to indemnity costs and, if so, in what amount. The Court found Mr Waho was entitled to indemnity costs, whether by operation of cl 10.1 of the Trust Deed or s 38(2) of the Trustee Act. The Court found it was unable to assess the reasonableness of Mr Waho’s costs on the basis of the submissions and material before it. The Court directed the defendant to identify the costs it maintained were unreasonable, the reasons for its position and the further information requested in the judgment. The Court directed the defendant to file its memorandum by 15 February 2019.