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