Trusts – appointment of trustees following 14 years of interim trusteeship – Paora

Paora - Te Tii Waitangi A (Waitangi Marae)

Māori Land Court (2015) 94 Taitokerau MB 134 (94 TTK 134)

16 January 2015

The appointment of eight responsible trustees as well as the reappointment of two of the interim trustees brought an end to almost 14 years of interim trusteeship of the marae reservation.

Download Paora - Te Tii Waitangi A (Waitangi Marae) here when available (3.78 MB PDF). read more

Appointment of trustees – appointment delayed in light of allegations of impropriety – Kīngi

Kīngi v Eru - Whakapoungakau 24

Māori Land Court (2014) [citation not yet available]

24 December 2014

Applicant alleged, but did not provide cogent evidence of, serious impropriety in the election of three nominees. Applicant given until 30 January 2015 to file evidence in support of the allegations. Failing that, the nominees will be appointed on that day.

Download  Kīngi v Eru - Whakapoungakau 24 here when available (135 KB PDF). read more

Appointment of trustees – election in accordance with marae charter – Bigham

Bigham v Budd - Waiokura Marae and Reserves Trust

Māori Land Court (2014) 331 Aotea MB 151 (331 AOT 151)

24 December 2014

Nominees appointed as trustees of Waiokura marae.

Download  Bigham v Budd - Waiokura Marae and Reserves Trust here when available (148 KB PDF). read more

Trusts – partial termination, constitution of ahu whenua trust, appointment of trustees – The Māori Trustee v O’Rorke

The Māori Trustee v O'Rorke - Pukekohatu 7B

Māori Land Court (2014) 329 Aotea MB 79 (329 AOT 79)

28 November 2014

Partial termination of an ahu whenua trust. Pukekohatu 7B was revested in its beneficial owners and the Pukekohatu 7B Trust was constituted pursuant to s 215 of Te Ture Whenua Māori Act 1993, to which the Māori Trustee was appointed responsible trustee. This outcome was found to provide a practical solution to competing uses of land and allowed for retention of the land in the owners' hands while allowing use and development in accordance with the parties' wishes.

Download The Māori Trustee v O'Rorke - Pukekohatu 7B here (309 KB PDF). read more

Appointment of trustees – block voting appropriate in Māori trusts – Sigley

Sigley - Te Tii (Waitangi) B3 Trust 

Māori Land Court (2014) 80 Taitokerau MB 233 (80 TTK 233)

27 May 2014

Successful application to reappoint three current trustees of Te Tii (Waitangi) B3 Trust following its 2013 AGM. "Block voting" is appropriate where the number of nominees is smaller than the number of positions available. Disqualification of a nominee found to be in accordance with the trust order but highlighted the need for more clarity in the registration of the tupuna whānau representatives.

Download Sigley - Te Tii (Waitangi) B3 Trust here  (101 KB PDF). read more

Trusts – appointment of interim trustees to the Waikaremoana Reserves – Moses

Moses - Hopuruahine East & 12 other blocks

Māori Land Court (2014) 37 Tairāwhiti MB 238 (37 TRW 238)

6 March 2014

The Deputy Chief Judge accepted the resignation of the Tūhoe Waikaremoana Trust Board from the position of responsible trustee for 13 Māori reservations surrounding Lake Waikaremoana. 10 nominees were appointed as interim trustees. The owners were directed to have a final meeting and apply to the Court after one year to seek reconfirmation of the trustees' positions or to seek appointment of new trustees.

Download Moses - Hopuruahine East & 12 other blocks here (131 KB PDF). read more

Appointment of trustees and trustees’ fees – Trust’s robust processes could serve as best practice template – Stebbing

Stebbing - Tauhara Middle 4A 2B 2C (Opepe Farm Trust)

Māori Land Court (2014) 92 Waiariki MB 218 (92 WAR 218)

17 March 2014

Successful application for the reappointment of three trustees, the appointment of an additional trustee, and an increase in the trustees' fees.

Download Stebbing - Tauhara Middle 4A 2B 2C (Opepe Farm Trust) here  (150 KB PDF). read more

Appointment of trustees – no appointment where relationship may cause bias – Brown v Brownlie

Brown v Brownlie - Pipituangi A Ahu Whenua Trust

Māori Land Court (2013) 36 Tairāwhiti MB 78 (36 TRW 78)

23 December 2013

Application to appoint two people as additional trustees dismissed. The nominees would not be able to administer the trust in an unbiased and non-partisan manner due to their family relationships with the incumbent trustees.

Download Brown v Brownlie - Pipituangi A Ahu Whenua Trust here  (84 KB PDF). read more

Appointment of trustees – appointment to Trust Board an internal matter – Turangawaewae Trust Board v Takerei

Turangawaewae Trust Board v Takerei - Section 166 Suburb of Newcastle North

Māori Land Court (2013) 67 Waikato-Maniapoto MB 113 (67 WMN 113)

8 November 2013

Decision to appoint two nominees as trustees deferred. Since 1949 it was intended that the trustee should be the Turangawaewae Trust Board. The Ngaruawahia Pa Regulations 1940 had been repealed. Therefore, since it is a body corporate, appointment of Board members is an internal matter and there is no need for the Court's involvement.

Download Turangawaewae Trust Board v Takerei - Section 166 Suburb of Newcastle North here  (214 KB PDF). read more

Trusts – appointment of trustees, election processes – Deputy Registrar v Rakiura Māori Lands Trust

Deputy Registrar v Rakiura Māori Lands Trust - Rakiura Māori Lands Trust

Māori Land Court (2013) 21 Te Waipounamu MB 35 (21 TWP 35)

22 November 2013

There was no reason to interfere with the outcome of an election. The trustees were directed to make better use of email and social media in future to improve communication with owners.

Download Deputy Registrar v Rakiura Māori Lands Trust - Rakiura Māori Lands Trust here (95 KB PDF). read more

Trusts – appointment of trustees declined due to lack of support – Davis

Davis - Torere Reserves Trust

Māori Land Court (2013) 82 Waiariki MB 267 (82 WAR 267)

17 September 2013

Application to appoint replacement trustees dismissed on the ground that the two nominees no longer enjoyed the support of the beneficiaries.

Download Davis - Torere Reserves Trust here (148 KB PDF). read more

Trusts – extension of interim trustees’ term, appointment of replacement trustee – Severne

Severne - Lake Rotoaira Trust

Māori Land Court (2013) 298 Aotea MB 267 (298 AOT 267)

12 March 2013

Interim trustees' term extended for 18 months. Replacement trustee appointed.

Download Severne - Lake Rotoaira Trust here (125 KB PDF). read more

Trusts – removal of trustees – warning that breach of trust sufficiently serious to warrant removal – Pue v Kīngi

Pue v Kīngi - Te Rūnanga o Ngāti Maru (Taranaki) Whenua Tōpu Trust

Māori Land Court (2012) 291 Aotea MB 257 (291 AOT 257)

31 October 2012

Breaches of trust order were sufficiently serious to warrant removal of six trustees. Four had already resigned and the remaining two were invited to do the same. Five interim replacement trustees were appointed, subject to consent.

Download Pue v Kīngi - Te Rūnanga o Ngāti Maru (Taranaki) Whenua Tōpu Trust  here (238 KB PDF). read more

Trusts – appointment of trustees and terms of trust – Procter (Proctor)

Procter - Horowhenua 11

Māori Land Court (2012) 293 Aotea MB 165 (193 AOT 165)

26 November 2012

Successful application for the appointment of 11 individuals as responsible trustees of the Lake Horowhenua Trust. Terms of trust were issued to address concerns about potential conflicts of interest.

Download Procter - Horowhenua 11 here (164 KB PDF). read more

Appointment of trustees – objections to appointment lacked substance – McLaughlin

McLaughlin - Wharekahika C7 & C11

Māori Land Court (2012) 26 Tairāwhiti MB 128 (26 TRW 128)

30 October 2012

Successful application for appointment of replacement trustees. Objection to the nominees' appointment was based on grounds that lacked substance and did not affect the suitability of the nominees.

Download McLaughlin - Wharekahika C7 & C11 here (101 KB PDF). read more

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

Appointment of trustees – debtor to the Trust cannot be trustee – Phillips v Gemmell

Phillips v Gemmell - Mohaka A4 Trust

Māori Land Court (2012) 13 Tākitimu MB 264 (13 TKT 264)

8 February 2012

Four persons appointed as advisory trustees. Application to appoint Ms Phillips as an advisory trustee was declined on the basis that this was inappropriate given that she was a debtor to the trust.

Download Phillips v Gemmell - Mohaka A4 Trust here (146 KB PDF). read more

Appointment of trustees – nominee appointed despite ongoing proceedings and statement of proposed future litigation – Tukapua v Taueki

Tukapua v Taueki - Horowhenua Block 11

Māori Land Court (2012) 278 Aotea MB 172 (278 AOT 172)

31 January 2012

Brenton Tukapua was appointed as an additional responsible trustee. There was no need to wait for the conclusion of various other matters before the Courts. Foreshadowed future litigation should not fetter the Court's jurisdiction.

Download Tukapua v Taueki - Horowhenua Block 11 here (163 KB PDF). read more

Review of trust and appointment of replacement trustees – appointment of professional trustee necessary due to extreme dysfunction – Tawhai

Tawhai - Whakatere Ki Koranui Trust and Waima North A22

Māori Land Court (2011) 29 Taitokerau MB 212 (29 TTK 212)

2 November 2011

Trust found to be dysfunctional and in financial difficulties. Had the trustees other than Mr Toia not already resigned then they would have been removed for breach of duty. Extreme situation required appointment of professional trustee.

Download Tawhai - Whakatere Ki Koranui Trust and Waima North A22 here (80 KB PDF). read more

Appointment of trustees – interim independent trustee appointed – Gemmell

Gemmell - Mohaka A4 Trust

Māori Land Court (2011) 11 Takitimu MB 86 (11 TKT 86)

9 September 2011

Interim independent trustee appointed for 12 months and tasked with resolving the annual accounts, completing audits and other responsibilities. A debtor to the Trust cannot be a trustee. Trustees were not sufficiently independent of the various challenging issues to be able to administer the land in the best interests of the owners.

Download Gemmell - Mohaka A4 Trust here (109 KB PDF). read more

Appointment of trustees – poll vote appropriate and fair – McLelland

McLelland - Ngati Hine H2B

Māori Land Court (2011) 21 Taitokerau MB 57 (21 TTK 57)

19 May 2011

Application to appoint replacement trustees to the Ngati Hine Forestry Trust in accordance with the election held at the Trust's 2010 AGM. The introduction of a poll vote was in accordance with the Trust order and did not cause unfairness despite the Court noting some procedural shortcomings. Mr Shortland's participation had not been lawful and the polling results were adjusted accordingly.

Download McLelland - Ngati Hine H2B here (190 KB PDF). read more

Appointment of trustees – refusal to appoint trustee – Te Tii Waitangi B3

Te Tii Waitangi B3

Māori Land Court (2011) 17 Taitokerau MB 294 (17 TTK 294)

16 March 2011

The Court declined to appoint a nominee as trustee, concluding that his views were incompatible with being a trustee, he lacked the necessary knowledge and experience, and it was likely that he would disrupt the Trust's business.

Download Te Tii Waitangi B3  here (109 KB PDF). read more