But the exact allocation of funds cannot be publicly revealed after a ruling by Associate Judge Liz Gellert.<\/p>\n
\u201cAfter considerable discussion with the parties, and then following discussions between themselves, the parties resolved the matter by agreement and sought orders by consent,\u201d Associate Judge Gellert wrote in her minute after the March 31 hearing.<\/p>\n
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<\/p>\n
\u201cThis 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.\u201d<\/p>\n
The court minute said as part of the settlement, the exact breakdown of who would receive funds, and how much, was to remain \u201cconfidential between the parties\u201d.<\/p>\n
But what could be publicly disclosed was the fact of settlement, and \u201cthat it is in accordance with the specified purpose described in the Givealittle page\u201d.<\/p>\n
That purpose was to help pay funeral costs and provide money for Watson\u2019s loved ones, including his children, mother and Cooke.<\/p>\n
\u201cNo other information, including details of the recipients and amounts of the funds distribution are to be disclosed to any other person,\u201d the associate judge wrote.<\/p>\n
Associate Judge Gellert also thanked Givealittle for its \u201cpatience with the parties\u201d and its decision not to seek costs, which \u201cwill have contributed to matters being resolved\u201d.<\/p>\n
In her written minute \u2013 released to the Herald after an application to the Auckland High Court \u2013 Associate Judge Gellert added: \u201cThe parties are encouraged to put this matter behind them\u201d.<\/p>\n
The battle over the Givealittle funds was heard in the Auckland High Court. Photo \/ NZME<\/p>\n
Since being launched in late 2008, more than $346 million has been donated to thousands of Givealittle fundraisers.<\/p>\n
But prior to the action taken by Cooke, never before have funds from one of its appeals been frozen on a court order.<\/p>\n
In an earlier court minute \u2013 issued after a High Court hearing on October 10 \u2013 Justice James MacGillivray had rejected an application<\/a> from Tayler and Thoumine to issue a suppression order around the case.<\/p>\n The pair had claimed earlier Herald reporting on the freezing order had been \u201churtful to the family of the deceased\u201d, Justice MacGillivray wrote.<\/p>\n 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.<\/p>\n \u201cIn 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,\u201d Justice MacGillivray wrote.<\/p>\n The act of kindness that turned into a legal battle<\/p>\n On the day Watson died<\/a>, the Givealittle page was launched by Tayler with the specified goal of helping raise funds for his funeral expenses and \u201crelated costs\u201d.<\/p>\n Watson had suffered injuries described by a coroner as being unsurvivable, after a sand dune collapsed<\/a> on him.<\/p>\n 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.<\/p>\n Cooke was given no warning that the page was being created and relations quickly soured between her, Tayler and Thoumine.<\/p>\n More than $30,000 was raised in a subsequent online appeal from 835 donors \u2013 with the funds due to be released by Givealittle in early October.<\/p>\n For the first two weeks \u2013 the majority of the time the page was live \u2013 it featured a picture of Watson with one of Cooke\u2019s children<\/a> and revealed his partner was pregnant with their second child together.<\/p>\n After the page reached its initial $10,000 goal \u2013 and as per Givealittle rules when funds exceed the earlier stated amount \u2013 two updates were made to the fundraiser description of how the donations would be used.<\/p>\n 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 \u201cto provide the opportunities Kane would have wanted\u201d for his children.<\/p>\n Those funds would be \u201clocked\u201d in a savings account under three signatories, including family members and a lawyer.<\/p>\n Any remaining funds would be for immediate family support, \u201cproportionally allocated\u201d to Watson\u2019s mother and Cooke, as agreed by both parties, it said.<\/p>\n The next change \u2013 made on September 18 \u2013 removed any mention of Cooke, and the fact she was pregnant.<\/p>\n That latest change also added that after the cost of the funeral had been covered, $15,000 would be set aside for Watson\u2019s two children when they are adults, and the remainder would be given to his mother.<\/p>\n 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\u2019s two children, and the payment of any outstanding funeral costs, with the remainder to be split evenly between Cooke and Watson\u2019s mother.<\/p>\n Any withdrawals from the fund set up for Watson and Cooke\u2019s daughter and then unborn child would require the joint signatories of Watson\u2019s mother, Cooke and Thoumine.<\/p>\n That was something Cooke opposed.<\/p>\n Cooke argued that money should also be set aside for children she had from a previous relationship who Watson was helping to raise.<\/p>\n Cooke did not meet a deadline set for her to sign the agreement, later messaging Tayler to say she hadn\u2019t received the earlier emailed contract.<\/p>\n Twelve minutes after that deadline had passed, and with no response from Jasmine Cooke, Tayler emailed her again.<\/p>\n \u201cWe 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.<\/p>\n \u201cAs such, we will now proceed with our own process for managing and distributing Givealittle funds.<\/p>\n \u201cThis matter is now considered closed.\u201d<\/p>\n With that, Cooke was effectively cut out of receiving any funds; a move that saw her seek the freezing order.<\/p>\n Grieving partner glad it is over<\/p>\n Cooke told the Herald she was relieved the legal battle had been resolved.<\/p>\n While unable to talk about the specifics of the settlement, she said she believed it was the \u201coutcome\u201d the hundreds of donors to the fundraiser would have wanted.<\/p>\n She said the months that followed her legal challenge had been \u201ccompletely stressful\u201d.<\/p>\n That included initially raising six children by herself; the couple\u2019s infant daughter, her three sons from a previous relationship and two girls the couple had legally fostered shortly before Watson\u2019s death.<\/p>\n Then on January 2, the day after what would have been Watson\u2019s 29th birthday, she gave birth to their second child together<\/a>, a son, Zire Kane Watson.<\/p>\n She said the day of the eventual settlement had been \u201ccompletely stressful\u201d, adding she was \u201csick all the way to court\u201d.<\/p>\n \u201cI cried, I didn\u2019t want to go,\u201d Cooke said.<\/p>\n \u201cIt\u2019s been hard, really hard. But I\u2019ve got seven beautiful children that are always looking up to me on what to do.\u201d<\/p>\n Cooke has previously described Zire Kane as \u201cmy final gift\u201d<\/a> from her late partner.<\/p>\n Talking shortly before he turns 4 months old, she said the baby was now teething and could say \u201cMum\u201d.<\/p>\n With relations strained between her and Watson\u2019s family, she hoped the couple\u2019s young children would still have a relationship with his loved ones.<\/p>\n \u201cI would really love my children to know his family, that is one of their biggest connections to their dad,\u201d she said.<\/p>\n Page creator: \u2018We can finally grieve and honour Kane in the ways he would have wanted\u2019<\/p>\n Tayler told the Herald that she, Thoumine and Watson\u2019s mother were \u201call extremely happy\u201d with the outcome of the settlement.<\/p>\n She said the trio were \u201cgrateful\u201d they had been able to \u201csecure money for Kane\u2019s children\u2019s futures\u201d.<\/p>\n \u201cDonor intent was always at the forefront of our mind, and we knew donors would want to see meaningful support from their donations,\u201d Tayler said.<\/p>\n \u201cIt has been some of the hardest months Kane\u2019s mother and sister have ever had to face.<\/p>\n \u201cAn end to court proceedings means we can finally grieve and honour Kane in the ways he would have wanted.\u201d<\/p>\n Thoumine added that she had \u201cput away money for the children, and that\u2019s all I set out [to do] from the beginning\u201d.<\/p>\n \u201cAnd that is my only comment.\u201d<\/p>\n In a statement, Givealittle said it would not comment on the settlement due to confidentiality.<\/p>\n It said that no other fundraisers had faced freezing orders since the Herald coverage of the page created after Watson\u2019s death.<\/p>\n Givealittle had instigated no review of its terms and conditions in light of the case, saying it already has \u201crobust moderation procedures to ensure every page [that] is set up on the site meets the platform\u2019s terms\u201d.<\/p>\nKane Watson \u2013 who died in a sand dune tragedy at Muriwai Beach \u2013 pictured with his partner Jasmine Cooke while she was pregnant with their first child, who was born in 2024.<\/p>\n
The Givealittle page was created on the day that Kane Watson died in the beach tragedy. Photo \/ Auckland Rescue Helicopter Trust<\/p>\n
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.<\/p>\n
Jasmine Cooke (left) was left heartbroken after the death of her partner Kane Watson when a sand dune collapsed on him at Muriwai Beach.<\/p>\n
Jasmine Cooke (left) and Kane Watson had headed to Muriwai Beach for a special family moment when the tragedy occurred.<\/p>\n
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.<\/p>\n
Kane Watson’s grieving partner welcomed their second baby into the world, Zire Kane Watson \u2013 a day after what would have been his 29th birthday.<\/p>\n
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.<\/p>\n
No other Givealittle fundraisers have faced High Court freezing orders. Photo \/ Supplied<\/p>\n