December 2002 Hakihea – Contents

Māori Appellate Court

Alienation and jurisdiction  – alienation includes virtually every form of disposition of land - Trustees of the Will of Pukepuke Tangiora v Hastings District Council - Waipuka 3B1C2 (2002) 13 Tākitimu Appellate MB 217

Māori Land Court

Alienation – lease for purpose of development confirmed – Ngatai - Matakana 1A7A (2002) 71 Tauranga MB 23


Alienation and jurisdiction – alienation includes virtually every form of disposition of land – Trustees of the Will of Pukepuke Tangiora v Hastings District Council

Trustees of the Will of Pukepuke Tangiora v Hastings District Council - Waipuka 3B1C2

Māori Appellate Court (2002) 13 Tākitimu Appellate MB 217 (13 ACTK 217)

18 December 2002

Appeal against a decision of the Māori Land Court finding that the Court had jurisdiction to rule on alienation dismissed. The definition of alienation in Te Ture Whenua Māori Act 1993 is very broad and covers virtually every form of disposition of land. Any party may bring an application for confirmation of alienation and the Court is entitled to rule on it.

Download Trustees of the Will of Pukepuke Tangiora v Hastings District Council - Waipuka 3B1C2 here (3.4 MB PDF). read more

Alienation – lease for purpose of development confirmed – Ngatai

Ngatai - Matakana 1A7A

Māori Land Court (2002) 71 Tauranga MB 23 (71 T 23)

6 December 2002

A resolution to lease land to an owner's son for 20 years was confirmed by the Court. The land had not been developed over the last decade and the proposed lease would ensure that the land was developed into high quality dairy pasture. Judge Carter modified the lease, inserting clauses relating to papakainga and a covenant relating to development.

Download Ngatai - Matakana 1A7A here (1.47 MB PDF). read more

November 2002 Contents

OTHER COURTS AND TRIBUNALS
High Court – Pounamu licencing
Environment Court – adjournment for Whanganui river claims
Environmental Risk Management Authority – human genes in cows

OTHER
Treaty of Waitangi Fisheries Commission – allocation proposal

Download Maori Law Review November 2002 (102 KB PDF)


October 2002 Contents

WAITANGI TRIBUNAL
Kaipara interim report

OTHER COURTS & TRIBUNALS
High Court – challenge to 1990 Ngäi Tahu boundary decision

Download Maori Law Review October 2002 (113 KB PDF)


September 2002 Contents

COMMENT
Mäori policies of the parties

OTHER COURTS AND TRIBUNALS
District Court – Mäori land and the Family Protection Act 1955

OTHER
Law Commission – post-settlement structures

PARLIAMENT
Metiria Turei – maiden speech

Download Maori Law Review September 2002 (114 KB PDF)


August 2002 Contents

Māori Land Court and Appellate Court

Costs – costs should follow the event – Manuirirangi v Paraninihi Ki Waitotara Inc – Paraninihi Ki Waitotara (2002) 15 Aotea Appellate MB 64

New judges appointed

Waitangi Tribunal

New members appointed

Ngati Awa cross-claims report

Other courts and tribunals

High Court – sentencing, whakapapa as provocation

Other

Parliamentary Commissioner for the Environment - a Treaty-based Environmental Audit Framework

Print version

Download the Maori Law Review August 2002 (104 KB PDF)


Costs – costs should follow the event – Manuirirangi v Paraninihi Ki Waitotara Inc

Manuirirangi v Paraninihi Ki Waitotara Inc – Paraninihi Ki Waitotara

Māori Appellate Court (2002) 15 Aotea Appellate MB 64 (15 WGAP 64)

27 August 2002

An order that costs should lie where they fell made by the Deputy Chief Judge, exercising the Chief Judge's powers, was successfully appealed. Costs should follow the event. The Māori Land Court has a role in facilitating ongoing amicable relationships, especially where the parties are whānau to each other, which can render awards of costs inappropriate. However, the parties here were shareholders and a large, experienced and well resourced Incorporation. Fault was an irrelevant consideration.

Download Manuirirangi v Paraninihi Ki Waitotara Inc – Paraninihi Ki Waitotara here (1.7 MB PDF). read more

July 2002 Contents

OTHER COURTS AND TRIBUNALS
Court of Appeal - charitable purposes of the Crown Forestry Rental Trust
Environment Court - waahi tapu area - roading development

PARLIAMENT
Te Ture Whenua Maori Amendment Act 2002

Download Maori Law Review July 2002 (908 KB PDF)


June 2002 Contents

OTHER COURTS AND TRIBUNALS
Environment Court - Maori marine farm
Environment Court - Ngawha prison
High Court - Ngawha prison appeal

Download Maori Law Review June 2002 (931 KB PDF)


May 2002 Contents

COMMENT

OTHER COURTS AND TRIBUNALS
Environment Court - landfill development - waahi tapu
Environment Court - residential zone - waahi tapu
Environment Court - quarry - waahi tapu

Download Maori Law Review May 2002 (998 KB PDF)


April 2002 Contents

WAITANGI TRIBUNAL
Decision on urgent hearing - Well Hospital endowment land
Decision re bias - Wellington Hospital endowment land

OTHER COURTS AND TRIBUNALS
High Court - customary adoptions & the Family Protection Act 1955

PARLIAMENT
Local Government (Rating) Act 2002
Local Government Bill 2002
Resource Management (Aquaculture Moratorium) Amendment Act 2002
Treaty principles - current government understanding

Download Maori Law Review April 2002 (889 KB PDF)


March 2002 Contents

MAORI LAND COURT & APPELLATE COURT
Adequacy of notice for a succession application & testamentary capacity
Occupations orders - degree of support required from other owners

WAITANGI TRIBUNAL
Application for urgent hearing - Ngati Ruanui claim settlement
Application for urgent hearing, Mokai primary school - claim re refusal to establish a designated character school

OTHER COURTS AND TRIBUNALS
Court of Appeal - jurisdiction of the Maori Land
Court over mutton birding rights in the Titi Islands
Court of Appeal - procedure of the Maori Land
Court in terminating a whanau trust
High Court - giving details to police in the Maori language only
High Court - stay of proceedings in a foreshore case pending hearing of the Marlborough Sounds foreshore & seabed appeal

Download Maori Law Review March 2002 (1810 KB PDF)


February 2002 Contents

Māori Land Court and Māori Appellate Court

Chief Judge’s powers – consideration of value, adequacy and good faith – Estate of George Amos - Horahora 1A4B, 1A4E & 1A4F Blocks [2002] Chief Judge’s MB 54

Partition application, sufficient support from owners

Leave to appeal change of status order out of time

Partition application, whether life interests are included

Waitangi Tribunal

Memorandum-directions re Wai721 & s30 application

Memorandum-directions re Central North Island inquiry

Other courts and tribunals

Pounamu, private rights vs Ngai Tahu rights, preliminary issues

Rating exemption, former Urewera reserve lands

Maori fisheries settlement, fish quota lease round information

Maori appeals, adequacy of pleadings

Parliament

Trade Marks Bill, select committee report

Te Uri o Hau Claims Settlement Bill, select committee report

Treaty of Waitangi (Final Settlement of Claims Bill)

Print version

Download February 2002 Maori Law Review (2,202 KB PDF)


Chief Judge’s powers – consideration of value, adequacy and good faith – Estate of George Amos

Estate of George Amos - Horahora 1A4B, 1A4E & 1A4F Blocks

Māori Land Court [2002] Chief Judge’s MB 54 (2002 CJ 54)

5 February 2002

Application to cancel three orders confirming alienation of land from George and Jack Amos to R Green dismissed. There was no evidence that the purchaser did not act in good faith. Unless the Judge at first instance applied incorrect principles then it is not for the Chief Judge to make a determination on the adequacy of the consideration. The Chief Judge merely has to be satisfied that the transaction was for value, thereby distinguishing the transaction from a gift or a transfer of interests by way of succession. The procedural errors should have been challenged at the time they were made and not 18 years later.

Download Estate of George Amos - Horahora 1A4B, 1A4E & 1A4F Blocks here (4.25 MB PDF). read more

December-January 2002 Contents

MAORI LAND COURT & APPELLATE COURT
(featuring Maori Appellate Court judgements collected for the first time in 2000)
Waiheke station settlement (1999 case)
Section 30 representatives (1998)
Crown land revesting in Maori for a claim settlement (1999 case)

Alienation – Court must not usurp rights of owners – O'Neill v Hawira - Parapara 2B2F (2002) 15 Aotea Appellate MB 33

WAITANGI TRIBUNAL
Directions re s30 Te Ture Whenua Mäori Act 1993 application
Report on Taranaki Mäori reserved lands & dairy industry changes
Directions re- Central North Island inquiry

OTHER COURTS AND TRIBUNALS
High Court – change of status orders, legal requirements & third party rights after a sale of land

PARLIAMENT
Te Ture Whenua Mäori Amendment Act 2001

OTHER
He Anga Mua. Discussion document on allocating the Treaty Fisheries Claim Settlement

Download Maori Law Review December-January 2002 (173 KB PDF)


Alienation – Court must not usurp rights of owners – O’Neill v Hawira

O'Neill v Hawira - Parapara 2B2F

Māori Appellate Court (2002) 15 Aotea Appellate MB 33 (15 WGAP 33)

10 January 2002

Partially successful appeal against a decision of the Māori Land Court confirming a resolution to lease the land to Thomas Turama Hawira and dismissing an application to constitute an ahu whenua trust. The Court cannot usurp the right of owners and confirm a resolution under s 155 of Te Ture Whenua Māori Act 1993 if no such resolution was passed.

Download O'Neill v Hawira - Parapara 2B2F (2002) 15 Aotea Appellate MB 33 (15 WGAP 33) here (1.82 MB PDF). read more