Eriwata-Skelton v Eriwata

[2022] NZHC 2933

IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY

I TE KŌTI MATUA O AOTEAROA NGĀMOTU ROHE

CIV-2021-443-50

[2022] NZHC 2933

UNDER

The Administration Act 1969

IN THE MATTER

of the Estate of MOANA JANE ERIWATA

BETWEEN

LOGAN ERIWATA-SKELTON

Plaintiff

AND

DONNA MARIA ERIWATA

Defendant

Hearing:	On the Papers
Counsel:	C A Silk for Plaintiff
Judgment:	9 November 2022

JUDGMENT OF ISAC J

[1]                 This proceeding concerns an application by Mr Skelton to remove Ms Eriwata as Executor and Trustee of the late Moana Jane Eriwata’s estate.

[2]                 The relevant background is succinctly set out in an interim judgment of Ellis J of 30 June 2022.1  Her  Honour  was  satisfied  that  it  was  expedient  to  remove  Ms Eriwata as Executor and Trustee,2 but given  the fraught  relationship  between Mr Skelton and Ms Eriwata, considered it would be more appropriate to appoint an independent executor and trustee.3

[3]Her Honour then directed:

1      Skelton v Eriwata [2022] NZHC 1546 at [1]-[9].

2 At [13].

3      At [15]-[16].

ERIWATA-SKELTON v ERIWATA [2022] NZHC 2933 [9 November 2022]

[16] …

(a)Mrs Smith, in consultation with her client, is to identify an independent suitably qualified person, who is willing to take appointment as Executor and Trustee of Moana Eriwata’s estate;

(b)Once that has occurred, she is to formally notify the Court (by way of memorandum marked for my attention) of:

(i)the identity of this person and his or her preparedness to accept appointment;

(ii)the terms upon which he or she proposes he should be appointed;

(iii)information as to his or her background and relevant experience.

[17] On receipt of that material, and assuming that it is satisfactory, a final judgment will follow, removing Donna Eriwata as Executor and Trustee of the estate of Moana Eriwata and making a replacement appointment.

…

[20] This judgment is not to be sealed until such time as that material is to hand and a minute has been issued directing the Registrar to permit sealing.

[4]                 Following Ellis J’s decision, Ms Silk filed a memorandum of counsel accompanied by affidavit of Ms Catherine Quin.  Those  documents  confirm  that Ms Quin is an experienced estate solicitor in New Plymouth, who is prepared to undertake the role of Executor and Trustee of the estate.

[5]                 As Ellis J is currently unavailable to consider the matter, the proceeding has been referred to me as Duty Judge for determination.

[6]                 Having considered both the terms of Ellis J’s judgment, and Ms Quin’s affidavit, I am satisfied that it is appropriate to make the order appointing Ms Quin Executor and Trustee of the estate. I make the order accordingly.

[7]Leave to apply is reserved. The file is to be referred to Ellis J in due course.

Isac J

Solicitors:

Legal Plus, New Plymouth for Plaintiff