Re Stubbing - [1990] 1 NZLR 428

Family protection — Claims — Application for further provision — Maori land interests — Testatrix had inherited land holdings from Hiroti and Takarangi relatives — She had no natural children and, in order to provide an heir for the land, the elders of the Hiroti family arranged for her to adopt a baby boy in 1949 from Hiroti relatives — In 1958 testatrix adopted a baby girl who was related to her from the Takarangi side of her family — Although it was claimed that by Maori custom land should descend through the male line, evidence was given that the girl was adopted so that she would inherit the Takarangi land — Testatrix died in 1984 and left land worth $56,000 to her adopted daughter and the residue of her estate worth $317,000 (which included Takarangi as well as Hiroti land) to her adopted son — Daughter made a claim under Family Protection Act 1955 — Whether testatrix was in breach of moral duty to daughter — Whether valid claim under Act should be overridden by custom as to descent of Maori land — Whether daughter was entitled to further provision.

Family protection — Practice and procedure — Application for leave to follow distributed assets — Plaintiff made family protection application in time but did not make application for tracing order until after the main assets, Maori land, had been transferred to the defendant as residuary beneficiary — Whether there was undue delay — Whether defendant had been prejudiced by delay — Whether special leave for tracing order should be granted — Administration Act 1969, s 49.