Estate of Heke

[2025] NZHC 964

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2023-485-609248

[2025] NZHC 964

UNDER

the High Court Rules 2016 and the Administration Act 1960

IN THE MATTER

of an application for letters of administration in the Estate of Peherangi Pulham

BETWEEN

WHAREPOURI HEKE

Applicant

Hearing:	On the papers
Appearances:	W Heke self-represented
Judgment:	23 April 2025

JUDGMENT OF McHERRON J

(Review of Registrar’s refusal to file a document)

[1]                 The applicant, Wharepouri Heke applies to review the Registrar’s refusal to file a document tendered for filing, namely his application for letters of administration in the Estate of Peherangi Pulham.

[2]                 In early February 2025, the Wellington High Court Probate Unit received a filing for the Estate of Peherangi Pulham applying for a grant of letters of administration on intestacy. The documents were non-compliant, and so the team leader of the Probate Unit, who is a Senior Deputy Registrar, reviewed them. The applicant, Wharepouri Heke, was familiar to the team leader as he has made numerous filings relating to the Estate of Peherangi Heke since 2024.

ESTATE OF HEKE [2025] NZHC 964 [23 April 2025]

[3]                 The Deputy Registrar formed the view that Mr Heke’s new filing referred to an existing proceeding in relation to the Estate of Peherangi Heke. In other words, that Peherangi Heke and Peherangi Pulham were the same person, Peherangi Heke being her married name, and the name she held when she died. To confirm this, the Registrar checked the date of death for the existing record against the date of death provided in the new filing. They were a match, being 16 May 2019.

[4]                 On this basis, the Registrar drafted a return letter explaining to Mr Heke that his documents had not been accepted for filing and were being returned to him along with his proof of payment. The Registrar explained that a grant had been made on the above Estate of the late Peherangi Heke (CIV-2023-485-609248) on 30 June 2023, for which the order has already been provided to Mr Heke. On that basis, the Registrar explained that a further letter of administration application could not be made by himself to be the administrator.

[5]                 In his application for review, Mr Heke disputes that Peherangi Pulham and Peherangi Heke are the same individual. He asserts that the grant of letters of administration does not include or legally cover the estate of Peherangi Pulham. Therefore, Mr Heke submits, the Registrar wrongly assumed that the previous grant of administration prevents and application for letters of administration in the Estate Peherangi Pulham. He further asserts that the Estate of Peherangi Pulham remains unadministered and that Mr Heke has the legal right to apply as a son of Peherangi Pulham. Mr Heke asserts that the Registrar’s refusal to accept the application “unlawfully obstructs his right to administer his mother’s estate”.

[6]                 Mr Heke seeks orders setting aside the Registrar’s refusal and directing the Registrar to file the application for letters of administration in the Estate of Peherangi Pulham. Mr Heke provides an affidavit supporting his application together with a copy of the deceased’s birth and death certificates, a copy of the previous grant of administration and a copy of the Registrar’s refusal letter.

My assessment

[7]                 I dismiss Mr Heke’s application for review. The reason why the name Peherangi Pulham was not included in the original grant of administration is that no

assets were held under the name Peherangi Pulham. Therefore, the applicants for a grant of administration do not need to include that name in their application. The only name under which the deceased held assets was Peherangi Heke. As explained in her birth certificate, Peherangi Pulham was the deceased’s name at birth as both of her parents had the family name Pulham. However, after her marriage to Riroi Rehopoama Heke in or around 1949, Peherangi Pulham adopted the married name Peherangi Heke.

[8]                 It follows that the Registrar was correct to reject Mr Heke’s document for filing. As she explained to Mr Heke a further letters of administration application cannot be made in respect of the same person.

[9]Mr Heke’s application for review is dismissed.

McHerron J