In the matter of: an application under ss64 and 66 of the Trustee Act 1956 for orders in respect of the trusts of a deed dated 1 August 1994
David Allen Bulley
Kevin Joseph Hennessy
Brian Edwin Ponting
Peter James Patterson
Donna Maree Smit and Wade Ross Brown as the trustees of The Eastern Bay Energy Trust
V
The Attorney-General for and on behalf of the Ministry of Energy
Graham Pryor
Stephen Tipene Perenara Marr
Cathy Dewes
Kenneth Raureti
Harina Warbrick
Martin Marr and Merepeka Raukawa-Tait as trustees of the Te Mana O Ngati Rangitihi Trust
Analysis
Share ownership, consumer poll, trust deed interpretation
JUDGMENT CLIFFORD J: Introduction [1] The applicants are the current trustees (“the Trustees”)¹ of the Eastern Bay Energy Trust (“the Trust”), a trust for the benefit of Consumers of electricity in the (Eastern) Bay of Plenty. The terms of the Trust, including the definition of the term Consumer, are recorded in a deed of trust …
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