Private investigator stalks power trustee after allegations he was not eligible to be elected

Auckland QC Bruce Stewart instructed private investigation firm Paragon to look into where Entrust trustee and former National MP Paul Hutchison, pictured, lived. Photo / Ross Setford

A private investigator was hired to spy on the home of a Auckland power board trustee in what has now developed into a legal stoush over where the trustee actually lives.

Papers have been filed with the Auckland High Court that allege Paul Hutchison, a Entrust trustee and a former National MP for the Hunua electorate, did not live within the district covered by Entrust, Newsroom has reported.

Entrust, formally known as the Auckland Energy Consumer Trust, owns 75 per cent of power company Vector which is New Zealand's largest distributor of electricity and gas.

The trust sees about paying $100m of Vector dividends to customers annually.

Since Entrust was formed in 1993 more than $1.5 billion of dividends have gone to Auckland customers

A statutory declaration has been signed by Hutchison rejecting the claim.

Auckland Queen Counsel Bruce Stewart instructed private investigation firm, Paragon, to look into where Hutchison lived.

A 17 page report was submitted to the court alleging Hutchison lived outside of the Entrust district, Newsroom reported.

The report is one of several court papers filed by fellow trustee James Carmichael.

A 2017 annual report for Entrust stated trustees' renumeration was $342,000.

The lawsuit was filed by Carmichael on Monday.

The suit listed all four trustees Hutchison, William Cairns, Michael Buczowski and Karen Sherry, as defendants.

Before Entrust's October 2015 election a statement of claim said Hutchison said he lived on Onslow Ave in Epsom, which was his brother's house.

The Epsom address was listed as Hutchison's residential address for trustee contact details.

Carmichael challenged Hutchison over this last month.

Hutchison's lawyer said the Epsom address had been his principal place of residence at the time of the election, and a Remuera Rd address was his new, rented, home, Newsroom reported.

Last week, Hutchison signed a declaration confirming the details and also added he maintained a residence in Leamy Way, Drury, which had been his family home.

Carmichael did not accept this and his High Court action alleged Hutchison's principal residence "was at all material times the Leamy address" which was outside the electoral district for the trust.

Carmichael's investigations said a neighbour of Hutchison's said he resided at the Leamy Way address or at least in Drury from 2014.

Carmichael asks the court to declare Hutchison "had not satisfied the eligibility requirements to be a trustee of Entrust" and that his "purported appointment as a trustee of Entrust is void and a nullity".