Great Christchurch Buildings Trust v Church Property Trustees - [2013] 2 NZLR 230

Judicial review — Jurisdiction — Whether statutory trust had power to make decision — Whether decision affected “rights” of any person — Judicature Amendment Act 1972, s 4.

Judicial review — Statutory power of decision — Whether decision in accordance with terms of trust — Whether trust required Cathedral on the site — Whether decision to deconstruct Cathedral lawful — Whether decision complete — Use of insurance money — Whether relief to be granted to reconsider decision — “Trust property” — “Cathedral” — Trustee Act 1956, ss 15, 19 and 25.

Trusts and trustees — Charitable trusts — Standing of non-beneficiaries to sue — Public interest — Significance of Cathedral building — Public and private funding — Whether surrounding events were usual — Whether trust performed civic role — Whether lawfulness of decision would otherwise be tested — Whether applicant lacked good faith or was frivolous or vexatious.