Before his death at Whanganui in 2012, Toherangi Broughton transferred his substantial block of shares in customary Maori land to daughter Morania. Her siblings were dismayed; their rights to inherit by descent were lost. They were doubly dismayed when she in turn gifted this share to her son Perry Bryers. They were appeased when he transferred his shares to a Toherangi Broughton Family Trust for the benefit of wider whanau, subsequently challenging his later efforts to get back these shares from the Trust.
In what was a departure from normal practice, the Maori Land Court refused recovery, ordering his shares remain within the Trust.
The Maori Land Court was told of long-standing tensions between Toherangi Broughton’s descendants over circumstances in which Perry Bryers came to control their forebear’s landholdings.
Perry came to control this land prior to Toherangi’s death.
Some four years before Toherangi died, Perry transferred his shareholding, giving control over substantial blocks of Maori land, to a whanau trust named in Toherangi’s honour.
Years later, he wanted to reverse the process; taking the shares back out of Trust ownership, holding the land for the sole benefit of his immediate family.
In the Maori Land Court, Judge Warren commented the general rule is that termination of trust status for Maori land is normally approved, unless there are compelling reasons not to.
Commonly, all trust beneficiaries will have agreed to termination. Or trust board dysfunction coupled with wider whanau issues justify termination.
There was no evidence of trust board dysfunction in this case.
Judge Warren ruled collective whanau benefit is to take priority over Perry family individual autonomy.
The size of shareholding previously gifted by Perry to the Trust is such that its return would imperil the Trust’s economic viability, compromising benefits wider whanau would otherwise enjoy, he said.
Principles of the Te Ture Whenua Maori Act are best served by maintaining the status quo, leaving the shareholding within the Trust under control of trustees, ensuring the land is retained and available for the benefit of wider whanau, he ruled.
Bryers v. Broughton – Maori Land Court (28.01.26)
26.067