Application to the High Court
Within the last few years, there have been many changes in the business environment within which MainPower Trust operates. This necessitated a review of the MainPower Trust by the Trustees during which the Trustees identified a number of administrative changes that were required to the Trust Deed. The Trustees made those changes by resolution in June 2015 and January 2016. Those changes are referred to on the website and have previously been notified in The Press.
As a result of the review, the Trustees identified some other amendments to the Trust Deed which they consider are required. The Trust Deed does not give the Trustees the power to make these changes. They therefore applied to the High Court for an order conferring on them the power to amend the Trust Deed.
As part of the application to the Court, the Trustees identified those parties which may be interested in or adversely affected by the application and how those parties should be served with the application. The Trustees obtained a Court Order relating to service of the application and representation of beneficiaries: see Order of Associate Judge Osborne for directions as to service and order for representation dated 4 July 2016.
For beneficiaries, the Court ordered that service should be effected by public notice with copies of the documents to be available for viewing at the following locations:
- The Council offices of the Waimakariri and Kaikoura District Councils;
- The Public Libraries at Kaikoura, Oxford, Rangiora, Kaiapoi, Amberley, Cheviot and Hanmer Springs;
- The offices of the MainPower Trust, Koller & Hassall Limited, at 267 High Street, Rangiora; and
- On the website www.mainpowertrust.org.nz.
The Court also ordered that Mr Tom Weston QC be appointed to represent beneficiaries (but with leave reserved to any beneficiary by way of memorandum to notify the Court that he or she wishes to be represented independently). Mr Allan Berge and the Waimakariri, Hurunui and Kaikoura District Councils were also interested parties in the consultation around the Deed changes.
Following the consultation process the High Court heard the application for the changes to the Trust Deed on the 2nd of May 2017.
The High Court granted the application: see Order_of_Justice_Faire_2_May_2017.pdf1.21 MB
The Trustees signed the resolution to amend the Trust Deed in accordance with the Order of the High Court at the Trust meeting on the 21st of June 2017. A copy of the current Deed is available here.12.59 MB