New Zealand Maori Council v Federation of Maori Authorities Incorporated

[2015] NZHC 2063

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2015-485-405 [2015] NZHC 2063

UNDER

the Trustee Act 1956

BETWEEN

THE NEW ZEALAND MĀORI

COUNCIL First Applicant

SIR EDWARD TAIHAKUREI DURIE Second Applicant

AND

FEDERATION OF MĀORI AUTHORITIES INCORPORATED Respondent

In Chambers:	On papers
Judgment:	28 August 2015

JUDGMENT OF THE HON JUSTICE KÓS (Costs)

[1]      In my judgment of 25 August 2015 I reappointed Sir Edward Durie a Māori

trustee of the Crown Forestry Rental Trust for a further three-year term.1

[2]      The  appointment  should  have  been  made  by  the  first  applicant  and  the respondent together, as Māori Appointor under the trust deed.  As I noted, that body has been unable to reach agreement on any recent trustee appointments. The result is that this Court for all practical purposes is now the Māori Appointor.  As I also said, that result is regrettable.2

[3]      I reserved costs.  But I indicated I considered costs should lie where they fall.

1      The New Zealand Māori Council v Federation of Māori Authorities Inc [2015] NZHC 2019.

2 At [1].

[4]      Perhaps commendably, perhaps not, the two constituent members now agree on one thing.  My indication is wrong.  Costs should be awarded.

[5]      I accept that the application was competently and efficiently handled and that the hearing was brief.  But I decline to award costs.

[6]      First, the funds of the trust have been burdened beyond reason already with litigation expenses, to the disadvantage of the proper beneficiaries of the trust and their needs.  Secondly, I have given warning previously that further litigation costs may not be awarded by this Court.  Thirdly, and most importantly, my previous costs judgment of 16 March 2015 makes clear that requests for reimbursement of Māori

Appointor costs should be directed in the first instance to the trustees.3    Happily,

trusteeship is a function this Court has not assumed.

Stephen Kós J

Solicitors:

Woodward Law Offices, Lower Hutt for Applicants

Johnston Lawrence, Wellington for Respondent

Crown Law, Wellington for Attorney-General

3      New Zealand Māori Council v Foulkes [2015] NZHC 489, 16 March 2015. That includes litigation costs associated with contested trustee appointments: at [21].