Looking to refinance their King Country farm, Cameron and Sue Scott were flabbergasted to find they no longer owned part of their property. Maori Land Court mistakes had seen a chunk of their farm transferred to 58 individuals they had never heard of. It took a High Court order to untangle the mess.
Registration against title is gold standard proof of land ownership. The sorry tale of an ownership mix-up only came to light in 2021 when the Scotts looked to change banks. As is the norm, lawyers checked title to land being offered as security. The Scotts were no longer recorded as owners of what is called Block 2C, part of their farm near Pirongia. Anthony Rawenata and 57 others were recorded as owners.
The High Court was told Maori Land Court had supplied documents to Land Information in 2009 for title registration which in error transferred Block 2C out of the Scotts’ names; the wrong title identifier was supplied. Maori interests now recorded as owners of Block 2C knew nothing of their windfall; the Scotts similarly did not know part of their farm had been snatched away.
Correcting the mistake required a court application and notice given to each of the 58 new Maori owners, giving them the opportunity to challenge their removal from the title as owners of Block 2C. None objected. The High Court ordered re-registration of title in the Scotts’ name. They are entitled to compensation for costs and disruption. Maori Land Court and Land Information were given three months grace to sort out who bears these costs and to agree suitable compensation with the Scotts.
Scott v. Rawenata – High Court (24.03.22)
22.066