Wiremu Kingi v Jillian Naera and others - SC 95/2013

A The application by Jillian Naera, Kereama Pene, Anaha Morehu, Warwick Morehu    and Eric Hodge for leave to appeal against the decision of the Court of Appeal of 8 August 2013 is declined.
B The application by Pirihira Fenwick, Wiremu Kingi and Hiwinui Heke for leave to appeal against the decision of the Court of Appeal of 8 August 2013 is granted.  The questions for determination on the appeal are:

1. Was the Court of Appeal correct to hold that the Tikitere Project Agreement was voidable because three of the trustees were beneficially interested in other trusts which were parties to the Agreement?
2. If so, was the Court of Appeal correct to hold that the remedy of rescission could be withheld only if third party interests were affected or should it have required general inquiry into whether rescission was in all the circumstances appropriate?

C No order for costs on the applications is made.

19 May 2014

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A  The appeal is allowed in part and the matter remitted to the Maori Land Court to decide on the conflicts and on the consequences of a breach of s 227A of the Te Ture Whenua Maori Act 1993 in light of this judgment.

B  The reasonable costs and disbursements of the first respondents are to be paid by the Whakapoungakau 24 Ahu Whenua Trust (the Tikitere Trust).

C  The question of costs in the Maori Land Court, the Maori Appellate Court and the Court of Appeal should (if an application is made) be considered by those Courts in light of this judgment.

20 May 2015