Registrar error corrected by the Māori Land Court twelve years later...

Recently the Māori Land Court decided to correct a succession order where the applicant’s sister’s land interests were mistakenly included in that succession.

Twelve years ago a succession order was made relating to a number of Māori land interests. Due to what appears to be a confusion in the names of individuals, six blocks belonging to the applicant’s sister were accidentally included in this succession order by the Registrar.

This mistake was identified at the time, and an order was made by the Māori Land Court to remove the land interests relating to those six blocks from the succession order. Despite this, two of the land interests relating to these blocks continued to be included in the succession order.

Since that time the Māori Land Court had made four subsequent succession orders in respect of those two incorrectly added blocks.

An application was placed, twelve years later, to correct the mistake for the benefit of the children and grandchildren of the applicant’s sister.

The Court found that the inclusion of these blocks constituted an error and that it was in the interests of justice to remedy that error by amending the initial succession order. This had the effect of requiring that the subsequent succession orders relating to these two blocks of land be set aside.

As this case demonstrates, mistakes can happen. Fortunately, in this case the mistake was identified, and the Māori Land Court was able to rectify the matter.

If you have concerns about a possible mistake it pays to get on to it promptly and, if necessary, seek legal advice from an expert in the area.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are. At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.