Supreme Court overturns Court of Appeal decision, confirming that the Māori Land Court has jurisdiction over a post-settlement governance entity…

A recent Supreme Court decision has found that the Māori Land Court has supervisory jurisdiction over a post-settlement governance entity. Having made this finding, the Supreme Court went on to uphold the decision of the Māori Land Court directing that fresh elections be held in relation to two contested trustee positions.

The Supreme Court decision has significant implications for most PSGEs that are trusts and own land. 

In particular, the supervisory function and jurisdiction of the Māori Land Court  would apply. This includes the Māori Land Court :

• Exercising all the same powers that the High Court has in respect of trusts.
• Requiring trustees to report on their performance and administration.
• Enforcing the obligations of trustees.
• Adding or replacing trustees.
• Varying the terms of the trust at the trustees’ request.
• Terminating the trust in respect of the whole or any part of the land or interest in the land.

The PSGEs not affected by this decision either have no general or Māori land assets or included a statutory exclusion of the Māori Land Court’s jurisdiction in their settlement legislation. 

You can read more about the Supreme Court decision here.