Tuesday, 3 March 2026
Learning Objectives:
- Understand how courts are applying Tikanga Māori principles in the interpretation of trust deeds and trust disputes
- Examine recent case law developments involving PSGEs, Māori land matters and the broader influence of Tikanga on trust law interpretation
Description
Attend and earn 1 CPD hour
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
Chair
Stephanie Irons, Director, Davenports Law
The Effect of Tikanga on Interpretation of Trust Deeds
The courts are increasingly utilising Tikanga Māori to assist in the interpretation of trust deeds, particularly in Te Kooti Whenua Māori. This reflects the increasing prevalence of Tikanga as law in judgments from the senior courts generally, and it also reflects a growth in litigation concerning PSGEs (post-settlement governance entities) which are usually set up as trusts.
- Survey recent cases on the use of Tikanga in interpreting trust deeds
- Examine when and how Tikanga may affect the interpretation of "plain English" drafting
- Discuss the types of disputes in which these issues are likely to arise, both those involving intra-iwi or intra-hapū litigation and/or PSGEs, and the possibility of Tikanga influencing more traditional "private" family trust disputes
Presented by Scott Fletcher, Barrister, Woodward Chambers
Presenters
Scott Fletcher, Barrister, Woodward ChambersScott is a barrister practising out of Woodward Chambers in Wellington. Prior to joining the independent bar, Scott was a judge's clerk at the Court of Appeal and a junior barrister in a leading set of chambers. Scott works in all areas of civil litigation, with a particular focus on public law, trusts and estates, and representing Māori clients in cases featuring Tikanga issues and in relation to Te Tiriti and Takutai Moana matters.
Stephanie Irons, Director, Davenports Law
Stephanie enjoys advising on all aspects of asset planning, including reviews and restructuring of existing trust structures, as well as the establishment of new structures and trusts. She appreciates the importance of understanding each client, and their families, unique circumstances and objectives when advising on asset planning structures. Stephanie has assisted families in navigating contentious estate and trust matters, with a focus on constructive solutions. She also advises on all aspects of relationship property, including contracting out agreements and separations. Stephanie is a member of The Law Association Trust Law Committee. Outside of work, when Stephanie is not busy with her three young children, she loves running and watching stand-up comedy.
