February 2011 Hui tanguru – Contents

Māori Appellate Court - Te Kōti Pira Māori

Trusts – appointment – s 237 should only be invoked in limited circumstances - Tito – Mangakahia 2B2 – No 2A1A [2011] Māori Appellate Court MB 86

Trusts – removal of trustees – use of s 237 overturned - failure to leave trust with trustees – Te Whata v Paku – Akura Lands Trust [2011] Māori Appellate Court MB 55

Trusts – partial termination – appeal dismissed where the complaint was not actually against the decision of the lower Court – Perigo v Patel - Waerea me Winiata Whānau Trust [2011] Māori Appellate Court MB 41

Procedure – appeal dismissed - no application made for leave to appeal a preliminary order – Waipakuranui Incorporation v Marumaru Junior [2011] Māori Appellate Court MB 55

Costs – refusal to award upheld - Nicholls v Nicholls - Part Papaaroha 6B Block [2011] Māori Appellate Court MB 64


Trusts – removal of trustees – use of s 237 overturned – failure to leave trust with trustees – Te Whata

Te Whata v Paku – Akura Lands Trust

[2011] Māori Appellate Court MB 55 (2011 APPEAL 55)

23 February 2011

Appeal against a decision of the lower Court to remove the trustees of the Akura Lands Trust. The Appellate Court considered there were sufficient grounds warranting the removal of the trustees. However, the lower Court was wrong to remove the trustees without appointing replacements.

Download Te Whata v Paku – Akura Lands Trust (123 KB PDF). read more

Trusts – appointment – s 237 should only be invoked in limited circumstances – Tito

Tito – Mangakahia 2B2 – No 2A1A

[2011] Māori Appellate Court MB 86 (2011 APPEAL 86)

23 February 2011

Appeal against orders of the lower Court appointing the Māori Trustee against the express wishes of the beneficial owners and extending the period of trusteeship from two to three years. The lower Court was found to have erred in appointing the Māori Trustee pursuant to sections 236 and 237 of Te Ture Whenua Māori Act 1993 and section 51 of the Trustee Act 1956 in circumstances where section 222 of the 1993 Act ought to have been followed.

Download Tito – Mangakahia 2B2 – No 2A1A (161 KB PDF). read more

Trusts – partial termination – appeal dismissed where the complaint was not actually against the decision of the lower Court – Perigo

Perigo v Patel - Waerea me Winiata Whānau Trust

[2011] Māori Appellate Court MB 41 (2011 APPEAL 41)

8 February 2011

Appeal against a decision of the lower Court to partially terminate the Waerea me Winiata Whānau Trust. The appeal was dismissed as the appellant had not alleged there was an error in the lower Court’s approach and her complaint actually related to earlier orders constituting and reviewing the trust.

Download Perigo v Patel - Waerea me Winiata Whānau Trust (186 KB PDF). read more

Procedure – appeal dismissed – no application made for leave to appeal a preliminary order – Waipakuranui Incorporation

Waipakuranui Incorporation v Marumaru Junior

[2011] Māori Appellate Court MB 51 (2011 APPEAL 51)

9 February 2011

Appeal against a decision of the lower Court to appoint two examining officers. The appointment of the examining officers constituted a preliminary order or determination. There is no right of appeal against any such order unless the lower Court has granted leave. The Appellate Court did not accept the appellant’s submission that the lower Court’s decision to decline to issue directions about the matter once the appeal had been filed constituted an informal or de facto grant of leave.

Download Waipakuranui Incorporation v Marumaru Junior (75 KB PDF). read more

Costs – refusal to award upheld – Nicholls

Nicholls v Nicholls - Part Papaaroha 6B Block

[2011] Māori Appellate Court MB 64 (2011 APPEAL 64)

15 February 2011

Appeal against a decision of the lower Court to decline an application for an award of costs. The Appellate Court considered there was no error in the lower Court’s approach and the appeal was accordingly dismissed.

Download Nicholls v Nicholls - Part Papaaroha 6B Block (93 KB PDF). read more