Henderson (as trustee of the Wharekahika A47 Trust) v Brooking (as trustee of the Wharekahika A47 Trust) - [2025] 3 NZLR 187

Trustee — Default duties — Modified by express or implied terms — No express terms — Trustee employee entitled to be paid — No contract — Proposal too vague — Expenses can be paid — Not authorised — Trust order not authorise use for personal benefit — Permissible to live in house with lease — Not permissible to be paid — Possible to imply term but not readily — Exchange for work but no contract — Implication contrary to Act — Nothing in Trust Deed justify implication of term — Not relevant Rangatira worked the land — No express or implied term permitting remuneration or self-dealing — Te Ture Whenua Māori Act 1993 s 227A.

Trustee — Removal — Not entirely discretionary — Whether grounds meet not discretionary — Focus trustee’s own actions — ‘[W]hether desirable for the proper execution of the trust’ discretionary — Wide ranging extend beyond trustee’s actions — Removal guidelines — Serious step — Technical breach may not require — Assets at risk — Real abuse, failure or malfeasance — Absence of tenable defence — Regardless of work — Breaches blatant and repeated — Complete failure to understand trustee obligations — Breach consent order — Not accept his duties as trustee — Not suitable to be trustee — Assets at risk — Counter to appointment process and best interest beneficiaries — Te Ture Whenua Māori Act 1993 s 240(1)(b).

Trustee — Farm management direction — Trustee not interested — Direction has lapsed — Proposal too uncertain — Set aside.