It had been the family home for some sixty years. Following the death of their surviving parent Sapasui Fred in 2003, four children have been in conflict over continued use of their Auckland home; son Nooroa living at the property saying cultural traditions require the home stay in the family; his three siblings saying it should be sold to realise their joint inheritance.
A High Court application under the Property Law Act saw a sale ordered, but an actual sale delayed five months to give all siblings a chance to talk.
The court was told Ms Fred died without leaving a will. Default rules in the Administration Act see her estate divided equally between her four biological children. Other members of the family raised as whangai adoptions do not qualify for a share.
Son Nooroa currently occupies the family home in Auckland suburb Otara, together with his two whangai sisters, his son and two nephews. Rates are in arrears. Nooroa has not been charged rent by his late mother’s estate for the near two decades he has been in occupation.
Ms Fred was born in Niue; her late husband was Cook Island Maori.
Maori cultural norms see land as a cultural heritage, not a commodity to be bought and sold. Land is expected to be passed from generation to generation; current occupiers are merely custodians.
Justice Tahana commented that these cultural views do not necessarily elevate individual economic benefits above family relationships and future generations.
The Otara property is not customary Maori land; it is held as general land with ownership registered under the Land Transfer Act. Currently, all four siblings are registered as owners, holding title as trustees of their late mother’s estate.
Justice Tahana urged the four siblings meet to resolve their differences, suggesting a rental arrangement might be considered.
Failing any agreement, Nooroa and his extended family are required to vacate the property in June 2024 and the property sold. Net proceeds of sale is to be divided equally between all four siblings.
re Estate Sapasui Fred – High Court (16.02.24)
24.057