13 Aug 2020
NICHOLLS v NICHOLLS & ORS AS TRUSTEES OF THE AHU WHENUA TRUST KNOWN AS THE W T NICHOLLS TRUST [2020] NZCA 346
- Citation
- [2020] NZCA 346
- Court
- Court of Appeal
The Court held the appeal must be dismissed: a co-owner can be ordered in equity to account for revenue derived from co-owned Māori land; the Māori Land Court had jurisdiction under s 18(1) to make such orders and s 220(2) vested rights and remedies in the trustees; the appellant failed to prove deductible expenses or efforts so no reductions were made; the trustees' remedies for post-vesting trespass could be assessed by mesne profits or account and the amounts ordered by the Māori Land Court stand; no costs were ordered.