Tau v Tahere - Rangihamama X3A (2016) 137 Taitokerau MB 68 (137 TTK 68) [pdf, 494 KB]
...test of satisfactory performance need not be judged solely on objective standards. The Court is entitled to consider the nature of the trust, its performance and the views of the owners in coming to a determination.” I still concur with that statement and my view is reinforced by the statutory provisions that I have just referred to. That is not to say that the Court must blindly follow the wishes of the owners. There must still be grounds under section 240 for the Court to exerci...