Church Property Trustees v Attorney-General - [2013] 2 NZLR 428

Insurance — Property insurance — Property owned by trust — Whether insurance proceeds beneficially owned by beneficial owners of trust property — Whether insurance proceeds subject to terms of original trust — Trustee Act 1956, s 25.

Trusts and trustees — Breach of trust — Trust assets severely damaged in earthquake — Whether insurance proceeds subject to terms of original trust — Whether breach of trust to build temporary building away from site designated in original trust — Beneficial owners of insurance proceeds — Anglican (Diocese of Christchurch) Church Property Trust Act 2003.

Trusts and trustees — Liability of trustees — Whether acted honestly and reasonably — Whether acted in good faith — Whether ought to be fairly excused for breach — Whether relief provision of specific Act prevailed over general relief provision — Provisional finding — Anglican (Diocese of Christchurch) Church Property Trust Act 2003, s 11.