In 2009 during a Declaratory Judgement Hearing in the Rotorua High Court, shocking allegations were made regarding the validity of the Will of Te Uruoteao Rika, a prominent Te Arawa leader.
Subsequent investigations proved beyond reasonable doubt that in 1969 a sworn affidavit filed in the Supreme Court Hamilton in support of an application for probate, Richard Charters had omitted a material fact in that one of the attesting witnesses was an interested party. By concealing this cause of action to challenge the Will's validity, it avoided an investigation by the Court. Scrutiny of all documents held in archives NZ relating to the proceedings failed to reveal any evidence of disclosure in this regard.
In 1964 a Kaitiaki (guardian) Trust was set up by the Maori Land Court so that his 9 children could inherit equally his valuable 42 acre Kawaha Point farm as a matter of tikanga (Maori custom). Each would receive 4 acres. The Will however extinguished the Kaitiaki Trust and vested absolute ownership and control of his estate in 3 trustees which included Richard Charters.
Had Te Uruoteao's children succeeded to his Maori land interests they would have realised collectively in excess of $50 million dollars in income and capital gains over the last 40 years.
Because this alleged fraud occurred nearly 44 years ago the matter is res judicata and statute barred – meaning the descendants have no legal remedy for redress other than a public petition to the NZ Parliament to right the wrong paving the way for a civil compensation claim against Richard Charters or his estate.