The plain fact is that there has never been any evidence to support your claim. Glass Murray was essentially told to get real back in '93 when he took this to Court without a shred of evidence. The land was legitimately transferred into private ownership so its time to give it up. By the way, the shameful way in which Muray and supporters treated an extremely ill Frank Geddes in 1993 was a disgrace. Trying to be tough and intimidate an old man was pretty pathetic. Summary of the case follows:
"Murray v Geddes 6/12/93, Thorp J, HC Whangarei M93/93
This was an unsuccessful application to prevent a caveat from lapsing.
The applicant lodged a caveat against a farm property, claiming that he had an interest in the property. The property was subject to a contract for sale entered into by the respondent with a third party. The applicant alleged that he was a beneficiary of a trust of which the registered proprietor of the property, the respondent, was the trustee. The applicant argued that the trust was a resulting trust to his hapu, arising from the Maori Land Court conversion of the title of the land from customary to individual ownership. The people who obtained those individual titles did so as trustees for the rest of the hapu, so that when the respondent's family bought the land with knowledge of the trust they too became trustees.
Alternatively, the applicant argued that even if the resulting trust did not arise when the Maori customary title was individualised, it would have arisen in favour of the individual transferors when the title was transferred to the respondent's family.
Thorp J concluded that no trust was established on either of the applicant's arguments, and that as the caveator the applicant had not discharged the onus on him to establish an arguable case or a serious question to be answered. His Honour noted that if the applicant's first argument was accepted, then every title obtained from a Maori as distinct from a Crown disposition would be subject to a resulting trust. Such trusts would be enforced by the Courts, thereby giving them broader powers than those given to the Waitangi Tribunal. Thorp J held that however wrong the individualisation of Maori customary title was, and whatever the consequences of accepting the applicant's argument might be, there was no trust in this case because there was no evidentiary basis for a constructive or resulting trust. His Honour observed that persons whose lands are made subject to caveats must be given reasonable notice of the reasons that the caveat has been lodged, and that had not been done in this case.
Has the local Iwi submitted a bid for the block under the advertised tender document? If so what do they intend to do with it? Do they in turn have any intentions of subdividing, thus risking the label of "developers".
Re: Occupation at Whakakoro
Date Edited: 25 Apr 2007 01:06:26 PM
"Murray v Geddes 6/12/93, Thorp J, HC Whangarei M93/93
This was an unsuccessful application to prevent a caveat from lapsing.
The applicant lodged a caveat against a farm property, claiming that he had an interest in the property. The property was subject to a contract for sale entered into by the respondent with a third party. The applicant alleged that he was a beneficiary of a trust of which the registered proprietor of the property, the respondent, was the trustee. The applicant argued that the trust was a resulting trust to his hapu, arising from the Maori Land Court conversion of the title of the land from customary to individual ownership. The people who obtained those individual titles did so as trustees for the rest of the hapu, so that when the respondent's family bought the land with knowledge of the trust they too became trustees.
Alternatively, the applicant argued that even if the resulting trust did not arise when the Maori customary title was individualised, it would have arisen in favour of the individual transferors when the title was transferred to the respondent's family.
Thorp J concluded that no trust was established on either of the applicant's arguments, and that as the caveator the applicant had not discharged the onus on him to establish an arguable case or a serious question to be answered. His Honour noted that if the applicant's first argument was accepted, then every title obtained from a Maori as distinct from a Crown disposition would be subject to a resulting trust. Such trusts would be enforced by the Courts, thereby giving them broader powers than those given to the Waitangi Tribunal. Thorp J held that however wrong the individualisation of Maori customary title was, and whatever the consequences of accepting the applicant's argument might be, there was no trust in this case because there was no evidentiary basis for a constructive or resulting trust. His Honour observed that persons whose lands are made subject to caveats must be given reasonable notice of the reasons that the caveat has been lodged, and that had not been done in this case.
The application was dismissed."
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Re: Re: Occupation at Whakakoro
Re: Re: Occupation at Whakakoro
Re: Re: Occupation at Whakakoro