Te Taha Maori Property Trust v Manning

[2019] NZHC 884

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2019-443-12

[2019] NZHC 884

UNDER

the Administration Act 1969

IN THE MATTER

of the Estate HILDEGARD MEDNIS

BETWEEN

TE TAHA MĀORI PROPERTY TRUST

Applicant

AND

LYNDA PHILIPPA MANNING

Respondent

Hearing:	On the Papers
Counsel:	K A McKenzie for Applicant
Judgment:	18 April 2019

JUDGMENT OF CLARK J

[1]                 The applicant, Te Taha Māori Property Trust, applies for an order that the will of the deceased be produced.

[2]                 Hildegard Mednis died in 2011 leaving a will of unknown date and appointing her daughter, Astrid Mednis, as sole executor.

[3]                 The executor has neglected, or refused, to prove the will or to renounce probate. The will is held by Till Henderson Lawyers (THL). THL, New Plymouth, provided legal services to the deceased. The respondent is a partner in the firm.

[4]                 The Trust holds the ground lease on a number of properties including Windsor Villas at 68 Whiteley Street, New Plymouth. Villa 4 was owned by the deceased. She died leaving arrears of rent owing to the Trust. Rex Nathan, one of the

TE TAHA MĀORI PROPERTY TRUST v MANNING [2019] NZHC 884 [18 April 2019]

trustees of the Te Taha Māori Property Trust deposes to the unpaid land lease rental for the period December 2007 to 31 May 2018 totalling $37,295. A charging order was registered by the Trust on 18 October 2011. As well, the Trust has paid rates on behalf of the estate of the deceased to the New Plymouth District Council for the period 2013 to 2018, totalling $18,584.12.

[5]                 Various approaches have been made to Ms Mednis, both by solicitors for the Trust and by THL seeking to have Ms Mednis apply for probate. The approaches have been unsuccessful. The will remains unproved. As a consequence, administration of the estate has not occurred.

[6]                 In addition to unpaid land lease rental and rates paid on behalf of the deceased, the Trust has incurred, and continues to incur, legal costs and disbursements in attempting to recover the payments.

[7]                 The Public Trust has consented to be appointed as administrator of the estate. That is not a matter that arises for immediate attention on this application which is only for an order requiring the will to be produced.

[8]                 I am satisfied that the circumstances make it appropriate for me to exercise the Court’s jurisdiction under s 54 of the Administration Act 1969.

[9]                 The interlocutory application is granted. An order is made in the following terms:

Within seven working days from the date on which this order is served on Linda Manning, solicitor of New Plymouth, Linda Manning is to produce the original will of the late Hildegard Mednis to the Registrar of the High Court at Wellington.

Karen Clark J

Solicitors:

Govett Qulliam, New Plymouth for Applicant