Givealittle fight: Settlement reached after legal battle following young father Kane Watson’s Muriwai beach death

But the exact allocation of funds cannot be publicly revealed after a ruling by Associate Judge Liz Gellert.

“After considerable discussion with the parties, and then following discussions between themselves, the parties resolved the matter by agreement and sought orders by consent,” Associate Judge Gellert wrote in her minute after the March 31 hearing.

Kane Watson lost his life in a sand dune tragedy at Muriwai Beach. His then pregnant partner Jasmine Cooke (inset) then became involved in High Court action over funds raised by a Givealittle page. Photo / NZME composite

“This is an excellent outcome in a matter that was both very sensitive to the parties and uncommercial to pursue by way of litigation. The litigants in person conducted themselves well.”

The court minute said as part of the settlement, the exact breakdown of who would receive funds, and how much, was to remain “confidential between the parties”.

But what could be publicly disclosed was the fact of settlement, and “that it is in accordance with the specified purpose described in the Givealittle page”.

That purpose was to help pay funeral costs and provide money for Watson’s loved ones, including his children, mother and Cooke.

“No other information, including details of the recipients and amounts of the funds distribution are to be disclosed to any other person,” the associate judge wrote.

Associate Judge Gellert also thanked Givealittle for its “patience with the parties” and its decision not to seek costs, which “will have contributed to matters being resolved”.

In her written minute – released to the Herald after an application to the Auckland High Court – Associate Judge Gellert added: “The parties are encouraged to put this matter behind them”.

The battle over the Givealittle funds was heard in the Auckland High Court. Photo / NZME

Since being launched in late 2008, more than $346 million has been donated to thousands of Givealittle fundraisers.

But prior to the action taken by Cooke, never before have funds from one of its appeals been frozen on a court order.

In an earlier court minute – issued after a High Court hearing on October 10 – Justice James MacGillivray had rejected an application from Tayler and Thoumine to issue a suppression order around the case.

The pair had claimed earlier Herald reporting on the freezing order had been “hurtful to the family of the deceased”, Justice MacGillivray wrote.

Kane Watson – who died in a sand dune tragedy at Muriwai Beach – pictured with his partner Jasmine Cooke while she was pregnant with their first child, who was born in 2024.

The Herald made a written submission to the High Court arguing the case was strongly in the public interest, given the amount of money raised from the public, and the number of New Zealanders who use Givealittle generally, to raise or donate money.

“In the present case, I am not persuaded that the desire for privacy in relation to this matter outweighs the legitimate public interest in the proceeding. I consider that the principle of open justice should prevail,” Justice MacGillivray wrote.

The act of kindness that turned into a legal battle

On the day Watson died, the Givealittle page was launched by Tayler with the specified goal of helping raise funds for his funeral expenses and “related costs”.

Watson had suffered injuries described by a coroner as being unsurvivable, after a sand dune collapsed on him.

The initial listing named Thoumine as a beneficiary, who would use the funds to cover funeral costs. The page had an initial goal of raising $10,000.

Cooke was given no warning that the page was being created and relations quickly soured between her, Tayler and Thoumine.

The Givealittle page was created on the day that Kane Watson died in the beach tragedy. Photo / Auckland Rescue Helicopter Trust

More than $30,000 was raised in a subsequent online appeal from 835 donors – with the funds due to be released by Givealittle in early October.

For the first two weeks – the majority of the time the page was live – it featured a picture of Watson with one of Cooke’s children and revealed his partner was pregnant with their second child together.

After the page reached its initial $10,000 goal – and as per Givealittle rules when funds exceed the earlier stated amount – two updates were made to the fundraiser description of how the donations would be used.

The first update on September 8 said the funeral costs – which were never quantified on the page – would be met by donations and ACC, and a further $10,000 would be set aside “to provide the opportunities Kane would have wanted” for his children.

Those funds would be “locked” in a savings account under three signatories, including family members and a lawyer.

A Givealittle page created in the wake of young father Kane Watson’s death quickly ignited a battle over where funds should be going, leading to his pregnant partner no longer being a beneficiary of any funds.

Any remaining funds would be for immediate family support, “proportionally allocated” to Watson’s mother and Cooke, as agreed by both parties, it said.

The next change – made on September 18 – removed any mention of Cooke, and the fact she was pregnant.

That latest change also added that after the cost of the funeral had been covered, $15,000 would be set aside for Watson’s two children when they are adults, and the remainder would be given to his mother.

Eleven days after that change was made, Tayler emailed Cooke a proposed contract that would have seen $10,000 set aside for Cooke and Watson’s two children, and the payment of any outstanding funeral costs, with the remainder to be split evenly between Cooke and Watson’s mother.

Any withdrawals from the fund set up for Watson and Cooke’s daughter and then unborn child would require the joint signatories of Watson’s mother, Cooke and Thoumine.

That was something Cooke opposed.

Cooke argued that money should also be set aside for children she had from a previous relationship who Watson was helping to raise.

Cooke did not meet a deadline set for her to sign the agreement, later messaging Tayler to say she hadn’t received the earlier emailed contract.

Jasmine Cooke (left) was left heartbroken after the death of her partner Kane Watson when a sand dune collapsed on him at Muriwai Beach.

Twelve minutes after that deadline had passed, and with no response from Jasmine Cooke, Tayler emailed her again.

“We have therefore taken your lack of response and failure to return the signed agreement as confirmation that you will not be moving forward with the agreement.

“As such, we will now proceed with our own process for managing and distributing Givealittle funds.

“This matter is now considered closed.”

With that, Cooke was effectively cut out of receiving any funds; a move that saw her seek the freezing order.

Grieving partner glad it is over

Cooke told the Herald she was relieved the legal battle had been resolved.

Jasmine Cooke (left) and Kane Watson had headed to Muriwai Beach for a special family moment when the tragedy occurred.

While unable to talk about the specifics of the settlement, she said she believed it was the “outcome” the hundreds of donors to the fundraiser would have wanted.

She said the months that followed her legal challenge had been “completely stressful”.

That included initially raising six children by herself; the couple’s infant daughter, her three sons from a previous relationship and two girls the couple had legally fostered shortly before Watson’s death.

Jasmine Cooke says the love she has gotten from her seven children (back row from left) Shaylah and Siressa and (front row from left) Zaria, Zadyn, Zayne and Zavier (front right, holding Zire Kane Watson) has helped her as she grieves her partner Kane Watson.

Then on January 2, the day after what would have been Watson’s 29th birthday, she gave birth to their second child together, a son, Zire Kane Watson.

She said the day of the eventual settlement had been “completely stressful”, adding she was “sick all the way to court”.

“I cried, I didn’t want to go,” Cooke said.

“It’s been hard, really hard. But I’ve got seven beautiful children that are always looking up to me on what to do.”

Cooke has previously described Zire Kane as “my final gift” from her late partner.

Talking shortly before he turns 4 months old, she said the baby was now teething and could say “Mum”.

Kane Watson’s grieving partner welcomed their second baby into the world, Zire Kane Watson – a day after what would have been his 29th birthday.

With relations strained between her and Watson’s family, she hoped the couple’s young children would still have a relationship with his loved ones.

“I would really love my children to know his family, that is one of their biggest connections to their dad,” she said.

Page creator: ‘We can finally grieve and honour Kane in the ways he would have wanted’

Tayler told the Herald that she, Thoumine and Watson’s mother were “all extremely happy” with the outcome of the settlement.

She said the trio were “grateful” they had been able to “secure money for Kane’s children’s futures”.

“Donor intent was always at the forefront of our mind, and we knew donors would want to see meaningful support from their donations,” Tayler said.

The Givealittle page created in the wake of young father Kane Watson’s death quickly ignited a battle over where the funds should be going.

“It has been some of the hardest months Kane’s mother and sister have ever had to face.

“An end to court proceedings means we can finally grieve and honour Kane in the ways he would have wanted.”

Thoumine added that she had “put away money for the children, and that’s all I set out [to do] from the beginning”.

“And that is my only comment.”

No other Givealittle fundraisers have faced High Court freezing orders. Photo / Supplied

In a statement, Givealittle said it would not comment on the settlement due to confidentiality.

It said that no other fundraisers had faced freezing orders since the Herald coverage of the page created after Watson’s death.

Givealittle had instigated no review of its terms and conditions in light of the case, saying it already has “robust moderation procedures to ensure every page [that] is set up on the site meets the platform’s terms”.

Neil Reid is a Napier-based senior reporter who covers general news, features and sport. He joined the Herald in 2014 and has 34 years of newsroom experience.

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