Trusts – creation of ahu whenua trust declined – Karaitiana v Carroll

Karaitiana v Carroll - Matahiwi No 4B, Waipuka 2R Section 3 and Waipuka 3A3A

Māori Land Court (2014) 29 Tākitimu MB 214 (29 TKT 214)

7 March 2014

Application to create ahu whenua trust dismissed due to opposition by a significant majority of owners.

Download Karaitiana v Carroll - Matahiwi No 4B, Waipuka 2R Section 3 and Waipuka 3A3A here (220 KB PDF). read more

Appointment of trustees – voting procedure and participation levels

Rihia v Te Rūnanganui o Ngāti Hikairo

Māori Land Court (2012) 287 Aotea MB 44 (287 AOT 44)

19 July 2012

The Court appointed seven replacement trustees to the Lake Rotoaira Trust after an election process. The Court was satisfied the nominated trustees had the appropriate levels of ability, experience and knowledge and were broadly acceptable to the beneficiaries.  Two objections to the process used to run the election were not upheld.  The grounds of objection included that a meeting of owners should have been held and that there should be hapū representatives.  The Court ruled the ahu whenua trust order did not require hapū representatives and that a postal ballot was permitted. The Court made observations about options available to the owners to reinstitute election of hapū representatives and directed a meeting of owners occur within 4 months.

Download Rihia v Te Runanganui o Ngati Hikairo here (208 KB PDF). read more

Discharge of interim injunction to prevent eviction from Māori land; no serious question – Kerr v Stewart

Kerr v Stewart – Maketu A102

Māori Land Court (2012) 58 Waiariki MB 3 (58 WAR 3)

20 July 2012

The Court dismissed an interim injunction it had ordered in June 2012 on the basis that, after hearing further argument, the applicant did not have a tenable case. No serious question arose about his rights to occupy the land administered by trustees for an ahu whenua trust.

Download Kerr v Stewart – Maketu A102 here (168 KB PDF). read more

Obtaining owners’ views on establishing an ahu whenua trust – Maori Trustee – Rotokautuku 1J1

Maori Trustee - Rotokautuku 1J1

Māori Land Court (2012) 22 Tairawhiti MB 124 (22 TRW 124)

24 May 2012

The Māori Land Court directed the Registrar to obtain the views of owners in Rotokautuku 1J1 to the proposed appointment of three owners as responsible trustees.  The Court’s preliminary decision to appoint those persons trustees of an ahu whenua trust describes the process followed over 18 months to ascertain owners’ views on establishing a trust for the administration of the land.

Download Maori Trustee - Rotokautuku 1J1 here (163 KB PDF). read more

Incorporation – ahu whenua trust established after liquidator discharged –Te Onetu Pihama Incorporation

Te Onetu Pihama Incorporation

Māori Land Court (2011) 266 Aotea MB 20 (266 AOT 20)

18 May 2011

16 years after being put into liquidation, the debts of Te Onetu Pihama Incorporation were repaid and the liquidation was brought to an end. An ahu whenua trust was established and the Māori Trustee was appointed responsible trustee.

Download Te Onetu Pihama Incorporation here (190 KB PDF). read more