Estate of Te Momo

[2013] NZHC 3219

IN THE HIGH COURT OF NEW ZEALAND GISBORNE REGISTRY

CIV-2013-416-30 [2013] NZHC 3219

IN THE MATTER             of the Estate of Raharuhi Iwa Poaneki Te

Momo

IN THE MATTER             of an application under Section 381, Insolvency Act 2006

Hearing:                   3 December 2013

Counsel:                  B Tupara for JBS Te Momo

Judgment:                3 December 2013

(ORAL) JUDGMENT OF ASSOCIATE JUDGE FAIRE

Solicitors:           Wilson Barber, Gisborne

Estate of Raharuhi te Momo [2013] NZHC 3219 [3 December 2013]

[1]      The applicant is both a beneficiary and one of the persons named as executor in the will of the late Raharuhi Iwa Poaneki Te Momo who died on 14 December

2011.  Probate in respect of the deceased’s will was granted under Probate No 2012-

416-30.

[2]      The applicant applies for an order in reliance on s 381 of the Insolvency Act

2006.   The application is consented to by the applicant’s co-executors.   The application is made in the applicant’s capacity as a beneficiary in his late mother’s estate.

[3]      I  gave  directions  pursuant  to  s 382  of  the  Insolvency Act  2006  that  the application be served on the Official Assignee.  I am advised by an email message today that the Official Assignee is prepared to accept appointment.

[4]      Evidence has been produced which discloses that the deceased’s estate is

insolvent.  It is appropriate that it be administered under Part 6 of the Insolvency Act

2006.   There has disagreement between the administrators.   They all agree that administration should be undertaken by the Official Assignee.

[5]      In terms of ss 379 and 385 of the Insolvency Act 2006, I order that:

(a)       The estate of Raharuhi Iwa Poaneki Te Momo be administered under

Part 6 of the Insolvency Act 2006;

(b)      The current administrators no longer administer the estate; (c)           The Official Assignee administer the estate; and

(d)      The application for directions is withdrawn.

JA Faire

Associate Judge