Pook v Matchitt - Matangareka 3B [2019] Māori Appellate Court MB 167 (2019 APPEAL 167) [pdf, 671 KB]
...better interpretation of s 227A is that the words “interested or concerned” are limited to the personal interests or concerns of the individual trustees. He argued that the overarching duty of loyalty that trustees have will provide adequate protection for owners. That duty provides that where a decision in favour of a spouse or relative is challenged, the trustee must produce evidence to allay suspicion that his or her mind was improperly influenced by the relationship. Howeve...