THE NEW ZEALAND MĀORI COUNCIL v FEDERATION OF MĀORI AUTHORITIES INC [2015] NZHC 1376

THE NEW ZEALAND MĀORI COUNCIL v FEDERATION OF MĀORI AUTHORITIES INC [2015] NZHC 1376

The Court exercised its inherent equitable jurisdiction to grant a limited interim appointment because the Trust Deed prevented alternates from acting after a trustee's term expired and maintaining a three Crown / three Māori trustee balance was necessary to preserve effective administration; the Federation did not...

Source-derived case information.

Citation
[2015] NZHC 1376
Parties
First Applicant / Māori Appointor: The New Zealand Māori Council; Second Applicant / Trustee: Sir Edward Taihakurei Durie; Respondent / Māori Appointor: Federation of Māori Authorities Inc; Interested Parties: Other trustees
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 June 2015
Procedural Posture
Trusts Appointment of Trustee; Interim Relief Under Equitable Jurisdiction / Interim Application to Extend Trustee's Term Pending Substantive Reappointment Hearing
Outcome
Interim appointment granted
Legal Topics
Trustee Appointment, Interim Relief, Māori Appointor, Inherent Jurisdiction, Trust Administration Oversight
Trusts Equity Civil Procedure Administrative Jurisdiction Trustee Appointment Interim Relief Māori Appointor Inherent Jurisdiction +1 more

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Parties

The New Zealand Māori Council

First Applicant / Māori Appointor

Sir Edward Taihakurei Durie

Second Applicant / Trustee

Federation of Māori Authorities Inc

Respondent / Māori Appointor

Other trustees

Interested Parties

Procedural Posture

Trusts Appointment of Trustee; Interim Relief Under Equitable Jurisdiction / Interim Application to Extend Trustee's Term Pending Substantive Reappointment Hearing

Legal Issues

  1. 1 Whether the High Court has jurisdiction to extend a trustee's term pending a substantive reappointment application
  2. 2 Whether Rule 7.53 High Court Rules is the proper basis for the relief sought
  3. 3 Whether equitable/inherent jurisdiction (s 10 Judicature Amendment Act 1972) and Trustee Act 1956 permit interim appointment to preserve trust functioning

Ratio Decidendi

The Court exercised its inherent equitable jurisdiction to grant a limited interim appointment because the Trust Deed prevented alternates from acting after a trustee's term expired and maintaining a three Crown / three Māori trustee balance was necessary to preserve effective administration; the Federation did not oppose interim relief and the appointment was limited until the substantive hearing on 24 August 2015.

Court Disposition

Interim appointment granted

Orders

  • Appoint Sir Edward Taihakurei Durie as trustee of the Crown Forestry Rental Trust for the period 1 July 2015 to 24 August 2015
  • Costs on a category 2 band B basis to be paid by the Trust in respect of this application