Validity of trustee appointments – Tito v Tito [2012] NZCA 493

Tito v Tito

Court of Appeal [2012] NZCA 493

29 October 2012

The Court of Appeal dismissed an appeal from the Māori Appellate Court’s decision to appoint two interim trustees to an ahu whenua trust. The Court suggested the owners consider appointing an independent professional as sole responsible trustee given the narrow scope of the trust’s operations.

Download Tito v Tito [2012] NZCA 493 here (133KB PDF). read more

Resignation of trustees and appointment of independent trustee

Rātima v Sullivan – Tataraakina C Trust

Māori Land Court (2012) 15 Takitimu MB 57 (15 TKT 15) and 18 Takitimu MB 75 (18 TKT 75)

13 April 2012 (interim injunction) and 19 July 2012 (interim judgment)

In April 2012 the Court issued an interim injunction restraining the trustees of Tataraakina C Trust from taking any further steps in relation to the appointment of an Executive Officer or Project Manager and Office Manager until further orders of the Court.

Following further hearings a number of consent orders were made and the interim injunction continued.  These orders included the trustees resigning and being appointed advisory trustees to a newly appointed independent responsible trustee.

Download Rātima v Sullivan – Tataraakina C Trust (2012) 18 Takitimu MB 75 (162 KB PDF) here. read more

Applications for rehearing – Henare v Māori Trustee – Parengarenga 3G (2012) 2012 Māori Appellate Court MB 1

Henare v Māori Trustee – Parengarenga 3G

Māori Appellate Court (2012) 2012 Māori Appellate Court MB 1 (2012 APPEAL 1)

9 January 2012

A Judge should not grant a rehearing on an application made more than 28 days after an order unless satisfied that the application could not reasonably have been made sooner (s 43(2)/93).  Here the evidence was inconclusive on the reasons for a late application for rehearing.  It was unsafe for the Court to have concluded a rehearing out of time should be granted. The appeal against the grant of a rehearing was allowed. The case was remitted for further orders to the judge who gave the initial decision the subject of the application for a rehearing.

Download Henare v Māori Trustee – Parengarenga 3G (2012) 2012 Maori Appellate Court MB 1 (2012 APPEAL 1) here (236 KB PDF). read more