Taranaki Community Accountability Society Inc v Ussher - [2026] NZHC 2519

Urgent application for an interim injunction and prospective costs. The applicant seeks to restrain the trustees of Toi Foundation, a charitable trust, from voting on a proposed sale of shares in TSB Bank and requiring it to apply for directions under s 133 of the Trusts Act 2019 ahead of any such vote.

Held: Persons who my receive a benefit from a charitable trust are excluded from the meaning of "beneficiary" in the Trusts Act. The applicant is thus not a beneficiary and does not have standing to bring review under ss 126-127 of the Trusts Act. Nor can the claim be brought under the Court's inherent jurisdiction. The applicant has therefore not made out a serious question to be tried. Even if the applicant did have standing, a serious question to be tried has not been made out on the merits of its allegations. Application dismissed.

Held: As the applicant has not made out a seriously arguable case, it is not appropriate to grant prospective costs. Application dismissed.