NEW ZEALAND MĀORI COUNCIL & ORS v FOULKES & ORS [2014] NZHC 2757

NEW ZEALAND MĀORI COUNCIL & ORS v FOULKES & ORS [2014] NZHC 2757

Because the Māori Appointor (NZMC and FOMA) failed to reach unanimous agreement within the directed time and the appointor function had effectively become non‑functional, the Court properly exercised its power under the Trustee Act 1956 and its inherent jurisdiction to appoint two Māori trustees and four alternates best suited to administer the Crown Forestry Rental Trust; Mr Paul's appointment formally ended with this judgment unless reappointed by the Court.

Citation
[2014] NZHC 2757
Parties
First Applicant: NEW ZEALAND MĀORI COUNCIL; Second Applicant: SIR EDWARD TAIHAKUREI DURIE; Third Applicant: CLETUS MAANU PAUL; First Respondent: ANGELA JUNE FOULKES; Second Respondent: ALAN PAREKURA TOROHINAHARONGA; Third Respondent: ALEXANDER JOHN WILSON; Fourth Respondent: FEDERATION OF MĀORI AUTHORITIES INC
Court
High Court
Jurisdiction
New Zealand
Judgment Date
6 November 2014
Procedural Posture
Appointment of Trustees Under Trustee Act 1956 / High Court Judgment Appointing Trustees
Outcome
Court appointed two Māori trustees and four alternates pursuant to s51 Trustee Act 1956 and declared Mr Maanu Paul's appointment to end with this judgment unless reappointed
Legal Topics
Trustee Appointment, Fiduciary Duties, Conflict of Interest, Court Exercise of Appointor Power, Crown Forestry Rental Trust
Trusts Equity Administrative Law Treaty of Waitangi Matters Trustee Appointment Fiduciary Duties Conflict of Interest Court Exercise of Appointor Power +1 more

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Parties

NEW ZEALAND MĀORI COUNCIL

First Applicant

SIR EDWARD TAIHAKUREI DURIE

Second Applicant

CLETUS MAANU PAUL

Third Applicant

ANGELA JUNE FOULKES

First Respondent

ALAN PAREKURA TOROHINAHARONGA

Second Respondent

ALEXANDER JOHN WILSON

Third Respondent

FEDERATION OF MĀORI AUTHORITIES INC

Fourth Respondent

Procedural Posture

Appointment of Trustees Under Trustee Act 1956 / High Court Judgment Appointing Trustees

Legal Issues

  1. 1 Whether Mr Maanu Paul's trustee term had expired
  2. 2 Whether the Court should appoint replacement Māori trustees when the Māori Appointor cannot agree
  3. 3 Who should be appointed as alternate trustees and how conflicts should be managed

Ratio Decidendi

Because the Māori Appointor (NZMC and FOMA) failed to reach unanimous agreement within the directed time and the appointor function had effectively become non‑functional, the Court properly exercised its power under the Trustee Act 1956 and its inherent jurisdiction to appoint two Māori trustees and four alternates best suited to administer the Crown Forestry Rental Trust; Mr Paul's appointment formally ended with this judgment unless reappointed by the Court.

Court Disposition

Court appointed two Māori trustees and four alternates pursuant to s51 Trustee Act 1956 and declared Mr Maanu Paul's appointment to end with this judgment unless reappointed

Orders

  • Appoint Hinerangi Raumati‑Tu'ua as Māori trustee for a term of three years from the date of judgment
  • Appoint Paul Francis Majurey as Māori trustee for a term of three years from the date of judgment