Trusts – owners followed correct procedure – Morris

Morris - Ngapini and Tarawa Trust

Māori Land Court (2014) 36 Takitimu MB 186 (36 TKT 186)

25 November 2014

Applications for various orders following a review of the Ngapini and Tarawa Trust. A meeting of owners was held and a number of resolutions were unanimously passed. After the meeting a number of objections were raised as to the validity of the procedure followed at the meeting. The Court found the meeting was convened and run correctly and orders were made giving effect to the resolutions passed.

Download Morris - Ngapini and Tarawa Trust (226 KB PDF) here. read more

Trusts – trustees replaced as they no longer command the support of the owners – Sullivan

Sullivan v Sullivan-Teepa – Te Haroto 2B2B Trust

Māori Land Court (2014) 31 Takitimu MB 138 (31 TKT 138)

15 April 2014

Application for a review of trust. A dispute arose as to whether a sole responsible trustee should be appointed to replace the current trustees following a resolution passed at a meeting of owners. The resolution was objected to by one of the current trustees. The Court held that a sole responsible trustee should be appointed as the other trustees had lost the support of the owners.

Download Sullivan v Sullivan-Teepa – Te Haroto 2B2B Trust (149 KB PDF) here. read more

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.

Download Te Paa - Ahipara A33 (112 KB PDF) here.

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

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