Reference to Extrinsic Material to Resolve Ambiguity in Definition of Beneficiaries of Whenua Topu Trust: Pirika v Eru - Te Ngae Farm Trust
(2013) May Māori LR 20-23.
5 Pages Posted: 8 Sep 2020 Last revised: 14 Sep 2020
Date Written: 2013
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: Suggested Citation