Proprietors of Wakatū v Attorney-General - [2017] 1 NZLR 423

Equity — Fiduciary duty — Assumption by Crown of land purchased from Māori — Whether Crown bound by condition that land be set aside for benefit of Māori — Whether Crown under fiduciary duty to ensure land set aside and retained for benefit of Māori — Whether fiduciary relationship constituted trust.

Trusts and trustees — Express trust — Whether express trust existed — Assumption by Crown of land purchased from Māori — Whether Crown bound by condition that land be set aside for benefit of Māori — Whether Crown under fiduciary duty to ensure land set aside and retained for benefit of Māori — Whether fiduciary relationship constituted a trust — Whether satisfied certainty of subject matter requirement.

Trusts and trustees — Breach of trust — Whether Crown had converted land acquired as trustee for its own benefit — Whether action statute-barred — Limitation Act 1950, s 21(1)(b).

Equity — Laches — Action relating to dealings with land in 1840s — Whether prejudice to Crown from inability to adduce evidence of circumstances — Effect of Treaty settlement on proceeding.

Practice and procedure — Limitation of proceedings — Whether Crown had converted land acquired as trustee for its own benefit — Whether action statute-barred — Limitation Act 1950, s 21(1)(b).

Practice and procedure — Standing — Individual plaintiff who was beneficiary of disputed trust — Trust set up to represent interests of claimants — Statutory Māori trust created to represent descendants of landowners — Whether successor trustee or analogous to successor trustee — Standing to obtain declaratory relief — Standing to obtain substantial relief.