Trustees of a substantial private trust obtained judicial protection from potential liability while at the same time asking for and getting anonymity; to avoid being besieged by requests for money, they claimed. Immunity, without identification, does not count as a textbook case of open justice.
Trustees obtained High Court ‘blessing’ for distribution of trust assets described only as ‘eye-watering amounts of money’ with distribution terms finalised three years after the prime beneficiary’s death and the court file sealed.
Their application for Trusts Act blessing reduces personal liability for potential later claims; described in this case by Justice Becroft as ‘legal complications that are unnecessary [to disclose publicly].’
The court judgment made public did disclose the manner in which the private trust was established and dissolved.
Names were anonymised.
Zenith Trust was established in 2007 to hold substantial compensation paid Aaron after suffering serious injuries in an overseas motor vehicle accident, leaving him disabled and with head injuries affecting short term memory and decision making.
Aaron returned to New Zealand to live in a trust-owned property in Auckland.
Trust assets were increased by a bequest following his father’s death.
He died in 2023, earlier than expected, with complications following a stroke.
Substantial capital, intended to support him for many more years, remained intact.
Prior to his death, Aaron lived at his Auckland home with long-term partner Claire.
Implementing what the trustees said were Aaron’s wishes, a new trust was established for distribution of assets to Claire, members of a family described as being close to Aaron during his life, and charities.
While not legally required, trustees sought High Court approval to this distribution.
Given the amount of money involved, court approval provides a cross-check and reassurance that proper and careful processes have been undertaken, without any bias, undue influence, self interest, or conflict of interest, Justice Becroft said.
Names of the trustees were anonymised, beyond identification as being two lawyers: one male, one female. Aaron Adams Trustee Ltd named on the court record as supposed trustee does not exist on the New Zealand companies register.
Aaron Adams Trustee Ltd v. Jones – High Court (1.07.26)
26.197