The Supreme Court and the Law of Trusts and Charities

Abstract

This chapter looks closely at two trust law decisions arising from the past decade of the New Zealand Supreme Court: Clayton v  Clayton [Vaughan Road Property Trust] and Attorney-General v  Family First New Zealand. On their face, these cases could not be more different. In the first, a wife wishes to access assets in a (private) discretionary trust after a relationship breakdown. The other involves a conservative organisation that advocates for the traditional family seeking (public) charitable trust status. Despite these differences — and how trust law has been traditionally conceptualised — these cases show how values may play a role in disputes involving trusts. In each case, the Court’s guidance was essential because the issues were not clearly resolved by legislation. 

Keywords: Trusts, Charities, New Zealand Supreme Court