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Court of Appeal Wellington
CA436/2012; [2014] NZCA 628
31 March; 3 April; 19 December 2014
Ellen France, Harrison and French JJ
CA436/2012; [2014] NZCA 628
31 March; 3 April; 19 December 2014
Ellen France, Harrison and French JJ
Constitutional law — Crown as trustee — Duty of Crown to balance competing interests — Duty of loyalty to beneficiaries — Whether and when Crown might be trustee.
Equity — Fiduciary relationship — Need for duty of loyalty — Whether requirement for loyalty to constitute fiduciary relationship — Whether and when requirement might be relaxed.
Equity — Resulting trusts — Grant by Crown to purchaser of land purchased before 1841 — Land purchased from Maori with commitment by purchaser to reserve land for Maori — Whether failure to reserve land created resulting trust for Maori vendors.
Practice and procedure — Limitations — Continuing breach — Observation as to notion of continuing breach undermining limitations.
Practice and procedure — Statute bar — Whether claims of breach of trust barred by Settlement Act or preserved by exemption — Ngati Koata, Ngati Rarua, Ngati Tama ki Te Tau Ihu, and Te Atiawa o Te Waka-a-Maui Claims Settlement Act 2014, s 25.
Trusts and trustees — Crown as trustee — Duty of loyalty to beneficiaries — Duty of Crown to balance competing interests — Whether and when Crown might be trustee.
Trusts and trustees — Express trusts — Whether three certainties present — Declaration that proportion of land would be held in trust for Maori — Whether certainty of subject matter existed.