Bully & ors v Attorney-General & ors WTLR(w) 2012-01

WTLR Issue: Web Only

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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