Key Takeaways
- A confidential settlement resolved the High Court dispute over Givealittle funds raised for Kane Watson’s funeral, with the exact distribution of money remaining undisclosed per court order.
- The settlement aligns with the fundraiser’s stated purpose: covering funeral costs and supporting Watson’s loved ones, including his children and partner Jasmine Cooke.
- Cooke, Watson’s pregnant partner who was not consulted about the fundraiser’s creation, was initially excluded from beneficiary lists after fund description changes but secured some provision through the settlement.
- The court emphasized public interest in transparency due to the funds’ public origin and Givealittle’s widespread use, rejecting attempts to suppress case details despite privacy concerns.
- Both parties expressed relief at concluding the stressful legal battle, focusing on honoring Watson’s memory and supporting their combined seven children.
The tragic death of Kane Watson in a sand dune collapse at Muriwai Beach on an unspecified date in late 2023 prompted the immediate creation of a Givealittle fundraiser by Tayler, with Thoumine listed as an initial beneficiary. Launched on the day of Watson’s passing, the page specified its goal as raising funds for his funeral expenses and "related costs," starting with a modest target of $10,000. Watson had suffered unsurvivable injuries according to the coroner, leaving his then-pregnant partner Jasmine Cooke and their unborn child devastated. Cooke stated she received no prior warning about the fundraiser’s establishment, a lack of communication that quickly strained relations between her, Tayler, and Thoumine as the appeal gained traction.
The fundraiser exceeded its initial goal rapidly, ultimately attracting over $30,000 in donations from 835 supporters by early October. For its first two weeks live, the page featured a photo of Watson with one of Cooke’s children and disclosed her pregnancy with their second child. Following the $10,000 milestone, Givealittle’s protocol triggered two updates to the fundraiser description regarding fund allocation. The September 8 update stated funeral costs would be covered by donations and ACC, with an additional $10,000 set aside "to provide the opportunities Kane would have wanted" for his children, to be held in a locked savings account requiring three signatories (family members and a lawyer). Any remaining funds were to support immediate family, "proportionally allocated" to Watson’s mother and Cooke. However, a critical shift occurred on September 18: the description was revised to remove all mention of Cooke and her pregnancy, specifying instead that after funeral costs, $15,000 would be reserved for Watson’s two children upon reaching adulthood, with the remainder going solely to his mother.
This alteration directly prompted Cooke’s legal challenge. Eleven days after the September 18 update, Tayler emailed Cooke a proposed contract offering $10,000 for her and Watson’s two children, plus coverage of outstanding funeral costs, with any balance split evenly between Cooke and Watson’s mother. Withdrawals from the child-focused fund would require joint signatures from Watson’s mother, Cooke, and Thoumine—a condition Cooke opposed. She argued funds should also support her children from a previous relationship whom Watson had been helping to raise. Cooke missed the deadline to sign the agreement, later messaging Tayler she hadn’t received the emailed contract. Twelve minutes past the deadline, Tayler interpreted her silence as rejection, informing Cooke they would proceed independently to manage and distribute the funds, effectively cutting her out. This action led Cooke to seek a High Court freezing order to halt the fund’s release.
The legal battle unfolded in the Auckland High Court, where Associate Judge Liz Gellert presided over the eventual settlement hearing on March 31. In her minute following the hearing, Judge Gellert noted the parties had resolved the matter "by agreement and sought orders by consent" after considerable discussion. She praised the outcome as "excellent" for a sensitive, uncommercial case, commending the self-represented litigants’ conduct. Crucially, the court minute confirmed that while the fact of settlement and its alignment with the Givealittle page’s specified purpose (funeral costs and support for Watson’s loved ones) could be disclosed, "the exact breakdown of who would receive funds, and how much, was to remain ‘confidential between the parties’." No details on recipients or amounts could be shared, and Judge Gellert thanked Givealittle for its patience and decision not to pursue costs, which aided resolution. She urged the parties to "put this matter behind them."
Prior to settlement, Justice James MacGillivray had addressed a October 10 hearing where Tayler and Thoumine sought a suppression order, arguing Herald reporting on the freezing order hurt Watson’s family. Justice MacGillivray rejected this application, stating he was "not persuaded that the desire for privacy… outweighs the legitimate public interest in the proceeding." He emphasized that the principle of open justice should prevail given the substantial public donations ($30,000+ from 835 donors) and the broad New Zealand usage of Givealittle for fundraising. The Herald had successfully argued public interest due to the scale of public contribution and the platform’s significance.
Jasmine Cooke shared her relief with the Herald that the legal ordeal had concluded, though she remained bound by confidentiality regarding settlement specifics. She described the months following Watson’s death as "completely stressful," involving sole care for her seven children: their infant daughter, her three sons from a previous relationship, and two girls the couple had fostered shortly before Watson’s passing. Cooke noted the birth of their second son, Zire Kane Watson, on January 2 (the day after what would have been Watson’s 29th birthday), calling him "my final gift" from her late partner. She described the settlement day as profoundly difficult—she was "sick all the way to court" and tearful—but found strength in her children, stating she had "got seven beautiful children that are always looking up to me on what to do." Cooke expressed hope that Watson’s young children would maintain a relationship with his family, calling it "one of their biggest connections to their dad."
Conversely, Tayler told the Herald she, Thoumine, and Watson’s mother were "all extremely happy" with the settlement, emphasizing they had "secured money for Kane’s children’s futures" while keeping "donor intent at the forefront." She acknowledged the ordeal as "some of the hardest months" for Watson’s mother and sister but welcomed the end of court proceedings, allowing them to "finally grieve and honour Kane in the ways he would have wanted." Thoumine succinctly stated she had "put away money for the children, and that’s all I set out [to do] from the beginning." Givealittle confirmed via statement it would not comment on the settlement due to confidentiality but noted no other fundraiser had faced a High Court freezing order since the Herald’s coverage of this case, adding it saw no need to review its terms given existing "robust moderation procedures." The resolution, while privately detailed, allowed all involved to move forward amid profound personal loss.