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Kruize v Kruize [2022] NZFC 4893

Published 21 September 2023

Relationship property proceedings — application to replace trustees — Property (Relationships) Act 1976, s 33(3)(m) — Trusts Act 2019, ss 38, 114 & 141 — Guest v Warner [2018] NZHC 666. The parties were involved in relationship property proceedings. This hearing was to determine an application by the applicant for removal of trustees from three of the named trusts and their replacement by an independent trustee, either under s 33(3)(m) of the Property (Relationships) Act or s 141 of the Trusts Act. Counsel for the respondent submitted that the Court did not have jurisdiction under s 33(3)(m). The Court agreed on this point; however the Court did have jurisdiction to intervene pursuant to ss 114 and 141 of the Trusts Act. Given the disharmony between the trustees, the Court considered it appropriate to remove the existing trustees and replace them with an independent trustee. The respondent was given an opportunity to file a response as to the suitability of the independent trustee suggested by the applicant. Judgment Date: 30 May 2022. * * * Note: names have been changed to comply with legal requirements. * * *