Review of trust and defective lease, occupation order refused – Te Paa – Ahipara A33

Te Paa - Ahipara A33

Māori Land Court (2012) 47 Taitokerau MB 3 (47 TTK 3)

28 August 2012

Applications to review the trust over Ahipara A33 and for an occupation order. Issues arose surrounding the grant of a lease to two trustees. The trust order was varied in a number of ways to prevent the trustees from entering into a similar lease in the future and the existing lease declared of no effect. On balance, the Court found there were no grounds to remove any of the trustees. The application for an occupation order was dismissed as the applicant did not have the consent of the trustees.

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Alienation – confirmation of lease refused where consideration inadequate and application filed out of time – Carroll

Carroll - Waipuka 2R3

Māori Land Court (2003) 174 Napier MB 71 (174 NA 71)

11 November 2003

Application for confirmation of lease refused. Applicants had filed the application nearly two years out of time. Consideration under the lease was inadequate so the Court was not required to grant confirmation pursuant to s 152 of Te Ture Whenua Māori Act 1993.

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Alienation – assignment of lease prior to 2002 merely requires application for noting – Dyer

Dyer - Tautara 5B3

Māori Land Court (2003) 273 Rotorua MB 219 (273 ROT 219)

16 June 2003

Assignment of lease dated prior to 1 July 2002 merely requires application for noting. Amendments to Te Ture Whenua Māori Act 1993 which came into force on 1 July 2002 require that assignments of leases must be confirmed by the Court.

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