Convicted murderer Anthony Ballantyne was removed as trustee of his family trust by court order, part of a deal awarding him a half share of trust assets.
Ballantyne was sentenced to life imprisonment for the 2015 murder of acquaintance Ivan Kapluggin after an evening socialising at Ballantyne’s Whangamata home. The Achilles Avenue property in Whangamata is owned by a family trust: the Tunku Family Trust. The Trust also owns a property at MacDonald Road in Hamilton, occupied by former spouse, Eugenia. Ballantyne is one of three trustees; Eugenia Ballantyne is also a trustee, along with third trustee Wallace Jones.
The High Court was told rates on Achilles Avenue have not been paid since Ballantyne was convicted and local council is threatening a forced sale. The property has been valued variously at between $1.05 and $1.5 million. From prison, Ballantyne agreed to a sale, but the remaining trustees foresaw difficulties in getting legal documents signed while he is behind bars; current rules require detailed in person identification procedures when selling property. Requests he resign as trustee have been refused.
Justice Davison approved Anthony Ballantyne’s removal as trustee. Ballantyne’s inability to actively carry out duties as trustee meant trust property was ‘endangered.’ The two remaining trustees are free to complete a sale and deal with the proceeds. Along with sale of Achilles Avenue, the court approved a rearrangement of Trust assets with half the Trust's net value being paid to Mr Ballantyne.
Ballantyne had told the court he was willing to ‘step down’ as trustee during the sale process, provided he was reinstated afterwards. He is a discretionary beneficiary of the Tunku Trust. His removal as trustee means he has no say in future trust decisions.
Tunku Family Trust v. Ballantyne – High Court (26.05.21)
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