Farmer loses trust battle

A High Court ruling has stripped wealthy Hawke's Bay farmer Tom Couper of control of a group of valuable trusts, ending a long-running family feud.
The dispute involves the high-profile Canterbury Kain family.
The Kains - Georgina, Harry, Charles, Tom and Michael - took Mr Couper, their uncle, to court in March in a dispute over control of a multimillion-dollar family trust.
The five claimed Mr Couper was shutting them off from trust income although Mr Couper argued he was protecting the trust money for future generations.
At the centre of the dispute was a raft of 17 family trusts that control a wealth of farming properties mainly in Hawke's Bay.
The property empire grew from an estate left by Ernest and Helen Couper to their son Tom Couper and daughter Janet Kain - deceased mother of the Canterbury plaintiffs.
The dispute was heard by Justice Panckhurst, who released his decision last week.
Justice Panckhurst ruled that an independent trustee must be appointed to manage the family trust because family relationships had deteriorated so badly.
The Kains wanted Mr Couper, his former wife Annette Couper, their brother-in-law Jonathon Hutton and Mr Couper's accountant, Wayne Startup, removed as trustees.
All were removed by Justice Panckhurst, as was Tom Couper's power to appoint trustees.
Justice Panckhurst said he had a "real measure of sympathy" for Tom Couper "that after his life work and at his age he is confronted with the present difficulties."
"Basically I think Mr Couper is a hardworking and able farmer ... Mr Couper has made it his life's work to expand the farming base for the benefit of his family. Personal wealth has not greatly motivated him."
But Justice Panckhurst said Tom Couper did not fully understand his duties as a trustee.
Justice Panckhurst said Mr Hutton, Mr Startup and Annette Couper were honest and conscientious but were "too close" to Tom Couper to carry out the role of trustee independently.
The family falling-out began in 1995 over plans by Tom Couper to create a single trust to encompass the 17 trusts. The Kains agreed with the principle of Mr Couper's idea, but preferred a company structure to a single trust. Relations then began to deteriorate before ending in acrimony and before the court.
In 1998 Tom Couper wrote to the Kains' father George Kain that his children had disproportionately benefited from the trust.
Mr Couper said his priority was now "not to disadvantage the next generation whom I am now more concerned about".
The Kains then received no more money from the trust. In his ruling Justice Panckhurst said a reworking of farming profits from the trust had to be done back to July 1996 so they could be reallocated among the entitled parties, including the Kains.
He also ruled that any appointed trustee must recognise the principle of equality between all parties.
A Kain family spokesman said the plaintiffs were happy with the decision. He said an independent trustee was the only way to solve the family impasse over the trust.
The spokesman also hoped the decision would help the family heal its bitter division over time.