Trusts – removal of trustees, redefinition of class of beneficiaries – Kapa

Kapa - Te Whakahau Hare and Ruka Paati

Māori Land Court (2014) 72 Taitokerau MB 54 (72 TTK 54)

5 February 2014

The late Te Whakahau Hare and Ruka Paati were removed as trustees. The class of beneficiaries of the Māori reservation was widened to include all the descendents of the original Whataipu owners. Beneficiaries were directed to nominate replacement trustees.

Download Kapa - Te Whakahau Hare and Ruka Paati here (138 KB PDF). read more

Trusts – removal of trustees due to conflicts of interest and inappropriate conduct – Scott v Sullivan

Scott v Sullivan - Karamu AY Section 2

Māori Land Court (2013) 27 Tākitimu MB 5 (27 TKT 5)

3 October 2013

Application to remove two trustees of the Karamu AY Section 2 Trust. The applicant trustees alleged that the respondents had significant conflicts of interests and had breached their duties as trustees. The first respondent was invited to resign but would be removed after 30 days unless a letter of resignation was received. The second trustee had used Trust property to engage in criminal activity and was therefore removed.

Download Scott v Sullivan - Karamu AY Section 2 here (128 KB PDF). read more

Trusts – removal of trustee for non-attendance – Edwards

Edwards - Te Komiti Z2B

Māori Land Court (2013) 67 Taitokerau MB 85 (67 TTK 85)

2 October 2013

Successful application for the removal of a trustee of the Nga Tai Whakarongorua Marae, located on Māori Reservation Te Komiti Z2B. The trustee had failed to satisfactorily carry out the duties of a trustee.

Download Edwards - Te Komiti Z2B here (86 KB PDF). read more

Trusts – removal of trustee refused on insufficient evidence – Wikiriwhi v Houpapa

Wikiriwhi v Houpapa - Hurakia Trust

Māori Land Court (2013) 85 Waiariki MB 107 (85 WAR 107)

24 October 2013

Insufficient evidence was provided to warrant the removal of a trustee. While the trustee's behaviour was a nuisance to the Trust, the trustee had not breached the trust order or failed to carry out duties.

Download Wikiriwhi v Houpapa - Hurakia Trust here (140 KB PDF). read more

Trusts – application for removal of trustees dismissed, interim injunction extended for six weeks – Taueki v Trustees of Horowhenua 11 (Lake) Part Reservation Trust

Taueki v Trustees of Horowhenua 11 (Lake) Part Reservation Trust

Māori Land Court (2013) 306 Aotea MB 175 (306 AOT 175)

9 August 2013

Application for the removal of trustees dismissed. Interim injunction extended only for six weeks to allow the applicant to remove his personal property and find alternative accommodation.

Download Taueki v Trustees of Horowhenua 11 (Lake) Part Reservation Trust here(115 KB PDF). read more

Trusts – removal of trustee – Waho-Blayney v Taueki

Waho-Blayney v Taueki - Ihaia Taueki Trust

Māori Land Court (2013) 303 Aotea MB 81 (303 AOT 81)

14 June 2013

Removal of trustee who was unable and unwilling to work with other trustees and who interfered with the lessees' right to quiet enjoyment.

Download Waho-Blayney v Taueki - Ihaia Taueki Trust here (128 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

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

Trusts – removal of trustee – application dismissed – Hart

Hart - Okoha section 5 block VIII Gore SD

Māori Land Court (2012) 12 Te Waipounamu MB 286 (12 TWP 286)

9 May 2012

Application to remove a trustee from the Mark and Mary Walker Trust dismissed. This was merely a case of sibling trustees not getting along rather than a situation of breach of trustee duties.

Download Hart - Okoha section 5 block VIII Gore SD here (232 KB PDF). read more

Trustees – removal – Rudd Senior v Proctor – Horowhenua 11 (Lake) Trust

Rudd v Procter - Horowhenua 11 (Lake) Trust

Māori Appellate Court (2012) 2012 Maori Appellate Court MB 107 (2012 APPEAL 107)

2 March 2012

The Māori Appellate Court dismissed appeals from a decision by Chief Judge Isaac declining to remove the respondent (Dr Proctor) as a trustee and directing the Registrar to engage an independent facilitator to conduct a meeting of owners to consider appointment of a further responsible trustee to the Horowhenua 11 (Lake) Trust.

The Appellate Court's judgment expressed concern at a paucity of reasons given for the decision under appeal.

Download Rudd Senior v Procter - Horowhenua 11 (Lake) Trust (2012) 2012 Maori Appellate Court MB 107 (2012 APPEAL 107) here (144 KB PDF). read more