Trusts – appointment of trustees, election processes – Deputy Registrar v Rakiura Māori Lands Trust

Deputy Registrar v Rakiura Māori Lands Trust - Rakiura Māori Lands Trust

Māori Land Court (2013) 21 Te Waipounamu MB 35 (21 TWP 35)

22 November 2013

There was no reason to interfere with the outcome of an election. The trustees were directed to make better use of email and social media in future to improve communication with owners.

Download Deputy Registrar v Rakiura Māori Lands Trust - Rakiura Māori Lands Trust here (95 KB PDF). read more

Trusts – appointment of trustees declined due to lack of support – Davis

Davis - Torere Reserves Trust

Māori Land Court (2013) 82 Waiariki MB 267 (82 WAR 267)

17 September 2013

Application to appoint replacement trustees dismissed on the ground that the two nominees no longer enjoyed the support of the beneficiaries.

Download Davis - Torere Reserves Trust here (148 KB PDF). read more

Trusts – appointment of trustees – proposal for implementation of a weighted voting system endorsed – Stone

Stone - Pukepuke Tangiora Estate

Māori Land Court (2013) 26 Tākitimu MB 64 (26 TKT 64)

5 September 2013

Directions sought regarding the process for nomination and election of replacement trustees. Existing trustees' preferred option (a weighted voting system) was found to be sensible and practical.

Download Stone - Pukepuke Tangiora Estate here (105 KB PDF). read more

Trusts – appointment of trustees and terms of trust – Procter (Proctor)

Procter - Horowhenua 11

Māori Land Court (2012) 293 Aotea MB 165 (193 AOT 165)

26 November 2012

Successful application for the appointment of 11 individuals as responsible trustees of the Lake Horowhenua Trust. Terms of trust were issued to address concerns about potential conflicts of interest.

Download Procter - Horowhenua 11 here (164 KB 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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