Indecision by Maori artist and sculptor Para Matchitt over purpose of a trust to hold his artwork saw his children in court after his 2021 death arguing over control. They were removed as trustees of his Kia Manaaki Trust with specialists appointed to determine how best to preserve and promote his art.
Seven months before his death, Mr Matchitt signed a trust deed creating the Kia Manaaki Trust.
Unusually, the deed lacks a detailed purpose clause setting out the Trust’s goals and objectives. It simply states his children are to benefit, without specifying how they are to benefit.
His four surviving children are named as trustees, together with Hawkes Bay lawyer Andrew Gallie.
The High Court was told daughter Marita envisaged sale of some artwork to fund a building exhibiting his work. She is against plans to reproduce or commercialise his work without expert guidance, claiming this will devalue and disrespect their father’s work.
She claims artwork owned at time of his death is at risk; uninsured and currently stored in a shed needing repair.
The only Trust asset is a bank account, with a balance of a few hundred dollars.
Another daughter has been paying rates for the shed, along with separate tax and accounting debts owed by Mr Matchitt’s estate.
Marita’s siblings claim she has been obstructive, failing to attend trustee meetings and unhelpfully blocking transfer of Mr Matchitt’s work to the Trust. They supposedly fired her as a trustee.
In the High Court, Justice Churchman ruled trustees’ dysfunctional behaviour called for removal of them all.
A trust deed requirement that all trustees act unanimously meant no decisions could be made about the Trust’s future direction.
Any suggestion that the Trust build a gallery to exhibit Mr Matchitt’s work is unrealistic, he said. The Trust does not have funds to do so. A proposed site is on Maori land. Getting separate title issued by the Maori Land Court for a gallery is problematic.
Trusts Act court appointment of replacement trustees was clouded by the fact it would be an unpaid job; the Trust currently has no income and no assets.
Justice Churchman re-appointed lawyer Andrew Gallie as trustee. In addition, Justice Churchman appointed two art experts as new trustees, John McCormack and Megan Tamati-Quennell; appointed for their familiarity with Para Matchitt’s work.
None are to be paid for their work as trustee. They are free to resign at any time.
Matchitt v. Matchitt – High Court (12.02.26)
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