Clarke v Downs Lake - Taupo Forest Trust [2014] Māori Appellate Court MB 16 (2014 APPEAL 16) [pdf, 165 KB]
...(b) that there is a sufficient degree of support for the variation among the beneficiaries. The Lower Court Decision [5] The lower Court’s decision given at 301 Aotea MB 20-26 referenced s244 of the Act. In particular the learned Judge stated that the power to vary a Trust Order is limited unless the Court can be satisfied that the beneficiaries of the Trust have had sufficient notice of the application by the trustees to vary the Trust, and sufficient opportunity to d...