Maori Law Review December 1993
Welcome to the first issue of the monthly Maori Law Review. The reasons for publishing the review are two-fold.
First, the perennial demand among Maori land law practitioners for a better decisions service. The need is possibly greater now because of the recent introduction of Te Ture Whenua Maori (Maori Land Act) 1993.
Second, the imperative which is emerging for general practitioners to keep abreast of developments in what might be termed "general Maori law". References to Maori concepts and the Treaty of Waitangi now appear in many major statutes and decisions of the general courts. Consequently, practitioners face Maori law problems in a surprising (and growing) number of areas.
Specifically, the review will report on:
Māori Appellate Court
Status of land and registration of transfer documents - Court failed to consider equitable interests - McCann - Waipuka 3B1B1 and 3B1B2B1C2A (1993) 11 Tākitimu Appellate MB 2
McCann - Waipuka 3B1B1 and 3B1B2B1C2A
Māori Appellate Court (1993) 11 Tākitimu Appellate MB 2 (11 ACTK 2)
17 November 1993
Successful appeal against a decision of the Māori Land Court determining Wilfrid James Lennon to be the owner of the land in question notwithstanding subsequent transactions registered in the Land Transfer Office and other documentation. Appellants had acquired equitable interests via a transfer to them in 1979. Determination of the lower Court revoked and the Appellants declared to be owners as tenants in common in equal shares.
Download McCann - Waipuka 3B1B1 and 3B1B2B1C2A here (2.01 MB PDF). read more
Māori Appellate Court
Chief Judge's powers - principles relating to the standard of proof - Grant v Raroa - Ngamoe A1B1B (1993) 33 Tairāwhiti Appellate MB 35
Grant v Raroa - Ngamoe A1B1B
Māori Appellate Court (1993) 33 Tairāwhiti Appellate MB 35 (33 APGS 35)
27 January 1993
Unsuccessful appeal against the exercise of the Chief Judge's powers. Those powers had been correctly exercised in cancelling an order that was made on the basis of an error in the presentation of facts. The Appellate Court sets out in detail the principles upon which the Chief Judge's powers are to be exercised.
Download Grant v Raroa - Ngamoe A1B1B here (1019 KB PDF). read more