Ten years on from Polly Harmon’s death, disputes over inheritance rights saw the Maori Land Court rule Polly validly skipped a generation, gifting her customary Maori land holdings to granddaughter Nicki Rimene. But Nicki’s inherited rights to take mutton bird at Stewart Island must be approved separately through the Rakiura Titi Committee, which oversees harvesting rights, the court said.
Ngai Tahu’s Treaty settlement led to special rules governing ancestral rights to collect mutton bird from 36 small islands surrounding Stewart Island.
These rights are tightly held. On half these islands, only certain families can harvest mutton bird. Management of harvest rights on other islands is overseen by the Rakiura Titi Committee. Who is entitled to the resource is closely controlled.
On Polly Harmon’s death at Masterton in 2014, she left by will all she owned to granddaughter Nicki, leaving nothing to her ten children.
Polly raised Nicki from childhood in a whangai adoption, with Nicki living with her at time of her death.
Rules in the Maori Purposes Act prohibit mutton bird harvesting rights being passed on by will.
Terms of Polly’s will supposedly gifting her mutton birding rights to Nicki are invalid.
In the Maori Land Court, Judge Stone offered Nicky an opportunity to disclaim this part of her inheritance. If so, these ancestral rights pass directly to Polly’s ten children. If not, evidence is required from the Rakiura Titi Committee whether granddaughters raised as whangai can directly inherit a grandparent’s rights.
Also in the Maori Land Court, Polly’s ten children challenged their mother’s choice of leaving all to Nicki as being unfair.
Te Ture Whenua Maori Act allows interests in ancestral land to be transferred by will to one or more blood relatives, overriding the customary rule that ancestral land is simply divided on death equally between direct descendants.
Polly’s will validly passed this land to Nicki, Judge Stone ruled.
It was too late for Polly’s children to bring a Family Protection Act claim against her estate ten years after their mother died; the Act imposes a twelve month deadline.
And back in 2015, all ten children signed a letter acknowledging they would not challenge their mother’s will. This effectively barred any Te Ture Whenua challenge to the will, Judge Stone ruled.
He dismissed claims this letter was signed without fully understanding its effect; terms of the letter were clear, he said.
The court was told Nicki intends to place her bequest of ancestral land holdings into a trust for the benefit of all Polly’s descendants.
re Succession to Phyliss Harmon – Maori Land Court (3.10.25)
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