Reference to Extrinsic Material to Resolve Ambiguity in Definition of Beneficiaries of Whenua Topu Trust: Pirika v Eru - Te Ngae Farm Trust

5 Pages Posted: 8 Sep 2020 Last revised: 14 Sep 2020

See all articles by Carwyn Jones

Carwyn Jones

Victoria University of Wellington - Faculty of Law

Date Written: 2013

Abstract

Pirika v Eru, heard in the Māori Appellate Court, was an appeal from Easthope v Pirika, and concerned a disagreement among the trustees of the Te Ngae Farm Trust as to who should benefit from the trust. The case turned on the interpretation of the trust deed. The Court held that extrinsic sources could be used as an aid for interpretation. In this particular case, the Waitangi Tribunal report and the following settlement with the Crown were used to decide a narrower interpretation was needed.

Keywords: Extrinsic Aid, Trust Deed, Māori Appellate Court, Interpretation.

JEL Classification: K39, K10

Suggested Citation

Jones, Carwyn, Reference to Extrinsic Material to Resolve Ambiguity in Definition of Beneficiaries of Whenua Topu Trust: Pirika v Eru - Te Ngae Farm Trust (2013). (2013) May Māori LR 20-23., Victoria University of Wellington Legal Research Paper No. 74/2020, Available at SSRN: https://ssrn.com/abstract=2545555

Carwyn Jones (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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