17 Sept 2020
INIA v JULIAN [2020] NZCA 423
- Citation
- [2020] NZCA 423
- Court
- Court of Appeal
The appeal is dismissed: the Appellate Court correctly held that the Māori Land Court erred in concluding apparent bias and in varying the trust to add the deceased as tipuna because that variation improperly extended beneficiaries to land without whakapapa connection; s44(1) contains evaluative and remedial stages and s44(5) did not bar appeal here; lack of notice to the disinherited siblings in 1995 was an error requiring reconsideration and the Appellate Court was entitled to set aside the remedial variation and remit the s45 application for rehearing.