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

Trustee elections, postal ballots and statutory declarations of entitlement

Trustees of Lake Horowhenua Trust (2012) 285 Aotea MB 135 (285 AOT 135)

Māori Land Court 22 June 2012

Postal ballots could be used for trustee elections. Beneficiaries participating in the election would be required to complete a statutory declaration that they are current owners in the land and members of the Muaūpoko tribe.

Download Trustees of Lake Horowhenua Trust (2012) 285 Aotea MB 135 here. (268 KB PDF)

read more