28 Jul 2017
MITCHELL v MITCHELL [2017] NZHC 1759
- Citation
- [2017] NZHC 1759
- Court
- High Court
No serious question to be tried was established on the appointment, conflict or authority grounds. The hui of 27 November 2016 did not validly replace Trustee Kiri Mitchell because it was not a Ngati Whakaue hui-a-iwi called by the Assets Trust; George Mutu vacated office by non-attendance and was validly replaced by Murray under the deed; Mitchell's alleged conflict did not vitiate Trustee decisions because clause 7.7 excludes interests common to iwi members; and clause 3.1(d) authorised Trustees to negotiate incorporation and vesting arrangements for a replacement Te Puia entity. On balance…