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The matter was heard in the Aotea Māori Land Court, by Judge A H C Warren and Dr Ruakere Hond, in Whanganui on 1 and 2 September 2022 in both languages and with the aid of a te reo Māori interpreter. The appointment of Dr Ruakere Hond as a Pūkenga to assist the court, under s 32A of Te Ture Whenua Māori Act 1993, provided the level of care required in the matter and one the Court is extremely grateful for.
In the Urewera region, as
a result of special legislation enacted in 1896,
titles were initially investigated by the Urewera
Commission, a special tribunal, rather than by
the Native Land Court.
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DEFAULT TRUSTEE DUTIES
1.1 When administering the Trust (other than when exercising a discretion to distribute Trust
Property), each Trustee must exercise the care and skill that is reasonable in the
circumstances, having regard, in particular:
(a) to any special knowledge or experience that the Trustee has or that the
Trustee holds out as having; and
(b) if the person acts as a Trustee in the course of a business or profession, to any
special knowledge or experience...
The default
duties are:
• General duty of care
When administering a trust, a trustee must exercise care
and skill that is reasonable in the circumstances, taking into
consideration any special knowledge or experience that they
have, and any special knowledge or experience that it is
reasonable to expect of a person acting in the course of their
profession or business
