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

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)

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Obtaining owners’ views on establishing an ahu whenua trust – Maori Trustee – Rotokautuku 1J1

Maori Trustee – Rotokautuku 1J1

Māori Land Court (2012) 22 Tairawhiti MB 124 (22 TRW 124)

24 May 2012

The Māori Land Court directed the Registrar to obtain the views of owners in Rotokautuku 1J1 to the proposed appointment of three owners as responsible trustees.  The Court’s preliminary decision to appoint those persons trustees of an ahu whenua trust describes the process followed over 18 months to ascertain owners’ views on establishing a trust for the administration of the land.

Download Maori Trustee – Rotokautuku 1J1 here (163 KB PDF). read more