Unauthorised construction on trust land

It has come to your attention that a whānau has begun construction on a block of Maori freehold land which you are responsible for as a trustee of a Whānau Trust which has shares in the land. The whānau are not shareholders in the block but do have associations with the land in accordance with tikanga Maori.

What can you do to prevent the construction?

The Maori Land Court can grant an interim injunction to prevent further building work from being undertaken until a full hearing can take place to determine the matter.

In a recent case, the Maori Land Court did grant an interim injunction prohibiting further construction on a house that was being built and barred the construction of a second home.

The injunction was granted because the land had already been significantly altered and to allow construction to continue without knowing whether the whānau had the right to build on the land would adversely affect the Whānau Trust beneficiaries as well as the other owners of the block, if it was later discovered that it was illegal for the whānau to do so.

The Court noted that an ancestral connection with a block of land does not, on its own, give someone the right to build on or occupy that land, however it will be a relevant consideration for the Court to consider.

The Court found that the whānau would suffer no prejudice if they were required to cease work on the block, pending the substantive hearing, but concluded that an order preventing the whānau from living in their home would create an injustice as it could leave them homeless.

It is therefore crucial that trustees faced with this situation consider applying to the Court as soon as possible to prevent further interferences with trust land!