He also alleged the trustees have acted in situations where there were conflict of interest.
In reply, the trust’s position was that Tana’s application should be dismissed due to serious defects in the pleadings, a failure to appropriately identify breaches by the trust, the inappropriate nature and allegations made in the application and the lack of evidence to support the allegations being made against the trustees.
At a judicial conference, the court indicated Tana’s application in its current form was inappropriate and that it was not the appropriate forum to raise many of the concerns Tana had with a number of people and entities named in his application.
The court advised the parties it was not going to hear allegations surrounding inter-hapū disputes, or the lack of engagement by the trust with other bodies, as those allegations were not matters for this court to deal with.
The court gave Tana an opportunity to refile his application or to submit a new one.
A new application was filed three days late, contrary to the court’s directions, seeking a review of the trust. In response, the trust sought orders that no further applications from Tana were to be filed without leave of the court, and that the current application be struck out for abuse of process and failure to comply with court directions.
Judge Williams said disappointingly, Beaumont’s application was not a substantial improvement on the first one as it continued to raise matters the court specifically did not have jurisdiction to deal with and would not be heard.
“There is nothing in the trust deed or order that restrains the trust from obtaining property and there is no legal obstruction to the trust purchasing the land,’ he said.
Beaumont’s suggestion the failure to comply with timetabling orders was an “inconsequential matter” was an extremely unwise submission, the judge said.
“A failure to comply with court orders is a serious matter which could result in the application being summarily dismissed or costs orders being made against counsel for dereliction of duty to the court.”
Judge Williams said while he considered the involvement of Beaumont had not assisted Tana and to a large degree has simply reinforced the poor pleadings and evidence filed, he did not consider proposing sanctions against the lawyer personally.
He ordered that any further applications by Tana in relation to the Pukahakaha Trust should come to him for an assessment to establish their validity before the court may take any further steps.