Manipulation by Trustees

Section 438 provides that the Court can vest Maori land in trustees. This means the Court can hand over to trustees appointed by itself the power to "use, manage or alienate" land at their own discretion as long as the ensuing "benefit" accrues to the owners. Section 438 is full of loose statutory language and is the subject of much contention.

Several judges, practitioners and even ministers of the Crown have stressed that s438 is intended for use in cases where it is virtually impossible to locate, summon or even trace all the owners of a block which may be in "need of development" of which might be desired to be sold. We are supposed to believe that it is an expedient for the benefit of the owners.

Why then has it sometimes been used as an appressive measure? Why is there no proviso guaranteeing its use only for the stated purpose? Such a proviso is one of the many urgent needs of the Maori land legislation.

A recent case illustrates the point well.