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

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