December 2009 Hakihea – Contents

Māori Appellate Court

CostsSamuels v Matauri X Incorporation - Matauri X Incorporation (2009) 7 Taitokerau Appellate 216

Māori Land Court

Chief Judge’s powers – insufficient evidence to overturn vesting orders – Ratahi v Oke - Rangitaiki 28B, 12B, 2B, 2A [2009] Chief Judge's MB 410


Chief Judge’s powers – insufficient evidence to overturn vesting orders – Ratahi v Oke

Ratahi v Oke - Rangitaiki 28B, 12B, 2B, 2A 

Māori Land Court [2009] Chief Judge's MB 410 (2009 CJ 410)

15 December 2009

Unsuccessful application to cancel succession orders made in 1961 and 1988. The applicant was unable to provide sufficient evidence for the Chief Judge to exercise powers under s 45 to revoke the orders.

Download Ratahi v Oke - Rangitaiki 28B, 12B, 2B, 2A  here  (298 KB PDF). read more

Costs – appeal against high costs award dismissed – Samuels v Matauri X Inc

Samuels v Matauri X Incorporation - Matauri X Incorporation

Māori Appellate Court (2009) 7 Taitokerau Appellate 216 (7 APWH 216)

1 December 2009

Appeal against an award for costs. The parties were involved in protracted litigation and the lower Court ordered the appellant to pay 80% of the respondent's actual legal costs. The appellant appealed the award, arguing it was unwarranted and unreasonable. The Court found the award to be reasonable in the circumstances of the case and the appeal was dismissed.

Download Samuels v Matauri X Incorporation - Matauri X Incorporation here.

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November 2009 Contents

MĀORI LAND COURT
Nicholls & Others v Nicholls & Others–trespass orders among common owners

HIGH COURT
Westpac v Ngā Uri Whakatipurunga O Ngarae (Inc)
Ngā Uri Whakatipurunga O Ngarae (Inc) v Marac
Marac Finance v Twilight Trustee Ltd – disputed mortgagee sale of Māori land
Ngā Uri Whakatipurunga O Ngarae (Inc) v Marac – indemnity costs against solicitor acting for unincorporated group
Avanti Finance v Paringatai–disputed mortgagee sale of Māori land

COURT OF APPEAL
R v Saxton-convictions for taking greenstone

Download Māori Law Review November 2009 (245 KB PDF)


October 2009 Contents

Report of the Ministerial Review Panel
Ministerial Review of the Foreshore & Seabed Act 2004

Commentary on report

Download Māori Law Review October 2009 (209 KB PDF)


September 2009 Contents

MAORI LAND COURT & APPELLATE COURT
Stanley Welsh, Part Awarua Block— revesting of old school site, disputed ownership
Six recent decisions regarding status orders in the Māori Land Court

COURT OF APPEAL
Police v Tamati Roha— special leave declined, hapū trespassing on land intended for Treaty settlement

Download Maori Law Review September 2009 (248 KB PDF)


August 2009 Contents

EDITORIAL SUMMARY

MĀORI LAND COURT
Awanui Haparapara 2B1B2 - mother & son compete for ownership of house
Lawrence Niao - occupation order granted for life of occupant
Churches & Ropiha - land status of six blocks for second mortgage
Mohi v Jansen - costs order on withdrawn change of status application

HIGH COURT
Tangaere v Waitangi Tribunal - judicial review of Tribunal decision, urgency, right to oral hearing
Tangaere v Waitangi Tribunal - application for costs
Pourwhare v Kruger - application to prevent transfer of Treaty settlement assets

Download Maori Law Review August 2009 (414 KB PDF)


July 2009 Contents

EDITORIAL SUMMARY

MĀORI LAND COURT
Hau — application for occupation order declined
Pōtaka — status of public works land offered back
Pou — succession to residue of estate by whāngai
Mokoia Island Trustees v Kawarau Jet Rotorua Limited — alleged trespass by tour operators

HIGH COURT
Ngāti Muriwai v Whakatōhea MTB & Te Ohu Kai Moana Ltd — judicial review of security for costs decision
Gage v Wellington District Māori Council and Anor — judicial review of membership of council
Potaka-Dewes & Ors v A-G & Ors—costs decision following Ngāti Porou settlement dispute

Download Maori Law Review July 2009 (359 KB PDF)


June 2009 Contents

Waitangi Tribunal

Te Urewera Report, Part I

Māori Land Court

Morehu v Māori Trustee—right to shares challenged

Chief Judge’s powers – no amendment where evidence is not clear and substantial – Ashwell - Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge's MB 209

High Court

Rātahi v Māori Land Court—status change not “clearly desirable”

Print version

Download Maori Law Review June 2009 (355 KB PDF)


Chief Judge’s powers – no amendment where evidence is not clear and substantial – Ashwell

Ashwell - Rawinia or Lavinia Ashwell (nee Russell) 

Māori Land Court [2009] Chief Judge's MB 209 (2009 CJ 209)

29 June 2009

Unsuccessful application to amend an order dated 14 July 1922 determining the people entitled to beneficial rights in the Tītī Islands. Applicant was unable to provide clear and substantial evidence to prove that Rawinia Ashwell had been mistakenly excluded from the list of people entitled.

Download Ashwell - Rawinia or Lavinia Ashwell (nee Russell) here (2759 KB PDF). read more

May 2009 Contents

EDITORIAL

HIGH COURT
Wall & Wall v NZ Police - Appeal against trespass following discovery of kōiwi and occupation
Wall & Wall v NZ Police - Land not customary land and therefore subject to NZ laws
Raharaha v NZ Police - Appeal against conviction for refusing to give blood specimen

COURT OF APPEAL
Tātahi Ltd v Matauri Bay Properties Ltd - Appeal to cancel lease dismissed

Download Maori Law Review May 2009 (393 KB PDF)


April 2009 Contents

EDITORIAL

MĀORI LAND COURT
Re Waihou A8C1A2E - Insufficient support and shares to justify occupation

HIGH COURT
Gibbs v New Plymouth DC - No permit to construct a building on reservation
Garton Holdings Limited v The Ngahina Trust - Caveat upheld to prevent dealings in land
Garton Holdings Limited v The Ngahina Trust - Strike-out of claim for specific performance to purchase Māori freehold land.

Download Maori Law Review April 2009 (418 KB PDF)


March 2009 Contents

EDITORIAL

MAORI LAND COURT
Re Mann - Proposal to gift shares to whangai child
Re Tua - Failure to account for descendants

ENVIRONMENT COURT
Te Kura Pukeroa v TCTD - Costs following unsuccessful appeal
Te Whanau a Te Ngarara v Kapiti Coast DC - Strike-out refused re: Paraparaumu Airport
Howick Residents v Manukau CC - Consent to demolish and replace burned whare

HIGH COURT
Te Whanau o Rangiwhakaahu v Ringer - Lapse of caveat to prevent registration of dealings
Sainsbury v Graham - Strike-out: adopted child no longer entitled to Maori estate

Download Maori Law Review March 2009 (349 KB PDF)


February 2009 Contents

EDITORIAL

MAORI LAND COURT & APPELLATE COURT
Maori Land Court
- Faulkner: disputed status of land
- Mangakahia 2B2 No 2A1A: injunction to restrain trust manager
- Re Witehira: variation of trust instrument
Maori Appellate Court
- Ormsby: ownership of kaumatua flat on reservation trust land

OTHER COURTS
Land Valuation Tribunal - Taheke Paengaroa Trust: ratings dispute
Court of Appeal - Pukeru-Oruawhata Trust v Mitchell

Download Maori Law Review February 2009 (366 KB PDF)


December-January 2009 Contents

EDITORIAL

MĀORI LAND COURT & APPELLATE COURT
Te Konoti B4A3B: partition and mortgage to Fund renovations
Tauhara Middle 15 Trust: procedural irregularities
Te Tawa Kaiti v Tūhoe Pūtaiao

OTHER COURTS & TRIBUNALS
High Court—
- Ngāti Porou foreshore agreement: Strike-out Application on judicial review
- Te Whaiti Nui A Toi Trust: Appeal on Rating Decision
- Charlton v Koromete: Māori interest in general land
- Puru v Puru & Puru: validity of will

PARLIAMENT
Question Time: Te Puni Kōkiri

Download Maori Law Review December-January 2009 (275 KB PDF)