December 2010 Hakihea – Contents

Māori Appellate Court

2010 Māori Appellate Court judgments - index

Partition – Court unable to inquire into the validity of orders over 10 years old - Ruka – Taheke 23A and 23B [2010] Māori Appellate Court MB 629

Partition - insufficient support - Whaanga - Anewa Trust (2010) 11 Tairawhiti MB 46

Status of land - land has been Native or Māori freehold land since Crown grant issued in 1870 - Faulkner v Deputy Registrar - Allotment 5 Parish of Tahawai (2010) Māori Appellate Court MB 643

Māori Land Court

2010 Māori Land Court judgments - index

Injunction – trustees restrained from administering or managing the trust – Hunia v Skerrit-White - Kawerau A8D (2010) 22 Waiāriki MB 92

Partition, easement - sufficiency of support - Rogers v Stirling - Taungaure No.2 (2010) 21 Waiariki MB 105

Trusts – interim trustees' tenure extended – Hall v Opepe Farm Trust - Opepe Farm Trust (2010) 22 Waiāriki MB 47

2010 Māori Appellate Court judgments – index

This table lists the 2010 judgments of the Māori Appellate Court and contains links to reports about the decisions. read more

2010 Māori Land Court judgments – index

This table lists the 2010 judgments of the Māori Land Court and contains links to reports about the decisions. read more

Partition – Court unable to inquire into the validity of orders over 10 years old – Ruka

Ruka – Taheke 23A and 23B

[2010] Māori Appellate Court MB 629 (2010 APPEAL 629)

23 December 2010

Appeal challenging the boundaries of a partition order granted in 1976. Pursuant to s 77(1) the Court cannot investigate or look into issues which question the validity of an order which is over 10 years old. The only issue open to the Appellate Court was whether the area prescribed by the order properly encompassed the area of the marae and grounds. The application was referred back to the lower Court for a rehearing so that the boundaries of the order could be fixed as close as possible to the original position prescribed by the Court in 1976.

Download Ruka – Taheke 23A and 23B (97 KB PDF) here. read more

Partition – insufficient support – Whaanga

Whaanga - Anewa Trust

Māori Land Court (2010) 11 Tairawhiti MB 46 (11 TRW 46)

14 December 2010

Application for partition order. Application dismissed where the Court considered the applicants had been unable to obtain a sufficient level of support.

Download Whaanga - Anewa Trust (116 KB PDF) here. read more

Status of land – land has been Native or Māori freehold land since Crown grant issued in 1870 – Faulkner v Deputy Registrar

Faulkner v Deputy Registrar - Allotment 5 Parish of Tahawai

Māori Appellate Court (2010) Māori Appellate Court MB 643 (2010 APPEAL 643)

21 December 2010

Unsuccessful appeal challenging the finding of the Māori Land Court that the land in question was Māori freehold land rather than Customary land. Appellate Court held that the status of the land in substance had been freehold land since a Crown grant was issued in 1870.

Download Faulkner v Deputy Registrar - Allotment 5 Parish of Tahawai [2010] Māori Appellate Court MB 643 (2010 APPEAL 643) here (252 KB PDF). read more

Injunction – trustees restrained from administering or managing the trust – Hunia v Skerrit-White

Hunia v Skerrit-White - Kawerau A8D

Māori Land Court (2010) 22 Waiāriki MB 92 (22 WAR 92)

20 December 2010

Injunction granted preventing the trustees from taking any steps in the administration or management of the trust. Evidence suggested all trustees had breached the trust order.

Download Hunia v Skerrit-White - Kawerau A8D here (87 KB PDF). read more

Partition, easement – sufficiency of support – Rogers

Rogers v Stirling - Taungaure No.2

Māori Land Court (2010) 21 Waiariki MB 105 (21 WAR 105)

17 December 2010

Applications for a partition order and an easement. Mrs Stirling sought a partition order for a site along the coast. The Court found that there was not a sufficient degree of support among the owners for a partition along the coast, but that the other owners did support a partition being granted over a different site. The application for an easement failed as it was dependent on the proposed partition being granted.

Download Rogers v Stirling - Taungaure No.2 (204 KB PDF) here. read more

Trusts – interim trustees’ tenure extended – Hall v Opepe Farm Trust

Hall v Opepe Farm Trust - Opepe Farm Trust

Māori Land Court (2010) 22 Waiāriki MB 47 (22 WAR 47)

24 December 2010

The tenure of the interim trustees of the Opepe Farm Trust was extended for 12 months from 23 December 2010. Proposed payments to the trustees and the chairperson were modest but appropriate.

Download Hall v Opepe Farm Trust - Opepe Farm Trust here (131 KB PDF). read more

November 2010

Māori Appellate Court

Interim injunction – appeal dismissed - lease in issue executed - Pene v Te Ngae Farm Trust [2010] Māori Appellate Court MB 563

InjunctionsTe Hokowhitu v Proprietors of Matauri X - Matauri X (2010) Māori Appellate Court MB 566

Trusts – identification of beneficiaries – Ruapuha and Uekaha Hapū Trust v Norman Tane - Hauturu East 8 Block [2010] Māori Appellate Court MB 512

Māori Land Court

Partition - possibility of a hybrid partition raised - Heta – Taiharuru 4C3B (2010) 13 Taitokerau MB 203

Occupation ordersHickmott - Torere Section 11 (2010) 17 Waiariki MB 35

Traditional ownership of taonga tuturu found in Oruaiti River - Chief Executive Ministry for Culture and Heritage (2010) 17 Taitokerau MB 277

Injunction – applicant had right of access but nothing more – Yates v Te Kohanga Lots 1 and 3-27 Trust - Te Kohanga Lots 1 and 3-27 (2010) 13 Taitokerau MB 36


Interim injunction – appeal dismissed – lease in issue executed – Pene

Pene v Te Ngae Farm Trust

[2010] Māori Appellate Court MB 563 (2010 APPEAL 563)

17 November 2010

Appeal against a decision of the lower Court dismissing an application for an interim injunction preventing the Te Ngae Farm Trust from executing a lease of up to 25 years over Trust lands and from entering into further negotiations in regard to the lease. The appellant accepted the appeal should be dismissed after the Trust indicated the lease had been fully executed by all signatories.

Download Pene v Te Ngae Farm Trust (67 KB PDF) here. read more

Partition – possibility of a hybrid partition raised – Heta

Heta – Taiharuru 4C3B

Māori Land Court (2010) 13 Taitokerau MB 203 (13 TTK 203)

30 November 2010

Application for partition order. In considering whether there were reasonable alternatives to the proposal, the Court suggested the possibility of a hybrid partition. A hybrid partition would involve a title reorganisation that is effected by title, trust and occupation orders.

Download Heta – Taiharuru 4C3B (146 KB PDF) here. read more

Injunctions – appeal against interim injunction – Te Hokowhitu v Proprietors of Matauri X

Te Hokowhitu v Proprietors of Matauri X - Matauri X

Māori Appellate Court (2010) Māori Appellate Court MB 566 (2010 APPEAL 566)

19 November 2010

Appeal against an injunction. The lower Court granted an interim injunction prohibiting the appellant, Mr Hokowhitu, from building on and entering on Matauri X Incorporation lands. The substantive application was eventually dismissed yet the interim injunction was kept in place. Mr Hokowhitu's whānau appealed that decision, arguing the interim junction was effectively a permanent injunction so that the test to apply is that for permanent injunctions. Appeal allowed.

Download Te Hokowhitu v Proprietors of Matauri X - Matauri X here. read more

Trusts – identification of beneficiaries – Ruapuha

Ruapuha and Uekaha Hapū Trust v Norman Tane - Hauturu East 8 Block

[2010] Māori Appellate Court MB 512 (2010 APPEAL 512)

2 November 2010

The main issue on appeal was who the beneficiaries of the Ruapuha and Uekaha Hapū Trust are. Mr Tane argued that the beneficiaries are the underlying owners of the land being the successors to the original 22 owners. The trust argued that the beneficiaries are the descendants of the original 22 owners regardless of legal entitlement to succeed. Ultimately the Appellate Court concluded that the 1990 settlement was with the hapū of Ruapuha and Uekaha and the intended beneficiaries of HE8 upon its return were the descendants of the original 22 owners

Download Ruapuha and Uekaha Hapū Trust v Norman Tane - Hauturu East 8 Block (238 KB PDF) here. read more

Occupation orders – Hickmott

Hickmott - Torere Section 11

Māori Land Court (2010) 17 Waiariki MB 35 (17 WAR 35)

14 October 2010

Application for an occupation order. The Court confirmed the application and also granted an easement to ensure the applicant had access to the site.

Download Hickmott - Torere Section 11 (50 KB PDF) here. read more

Protected objects – traditional ownership of taonga tūturu found in Oruaiti river

Chief Executive Ministry for Culture and Heritage

Māori Land Court (2010) 17 Taitokerau MB 277

18 November 2010

The Chief Executive of the Ministry for Culture and Heritage applied for a determination of a claim to the actual or traditional ownership of a waka tiwai (small dugout canoe) found in the Oruaiti river near Mangonui, Northland (section 12(1)(b) of the Protected Objects Act 1975).  The river lies within the traditional rohe (tribal region) of Te Matarahurahu hapū (sub-tribe). The original application lodged by hapū members was for a determination that the traditional ownership of the waka belongs to the Kenana-Te Ranginui Marae Trust. The Court ordered instead that the traditional ownership of the taonga tūturu be vested in Te Matarahurahu hapū, while vesting of the object for safekeeping and preservation was granted to the Marae Trust as trustees on behalf of the hapū.

read more

Injunction – applicant had right of access but nothing more – Yates v Te Kohanga Lots 1 and 3-27 Trust

Yates v Te Kohanga Lots 1 and 3-27 Trust - Te Kohanga Lots 1 and 3-27

Māori Land Court (2010) 13 Taitokerau MB 36 (13 TTK 36)

24 November 2010

Judge Ambler determined that Lot 1 at Te Kohanga had been set aside as a "public reserve (roadway)". The applicant had a right of access but did not have the right to modify the land.

Download Yates v Te Kohanga Lots 1 and 3-27 Trust - Te Kohanga Lots 1 and 3-27 here (104 KB PDF). read more

October 2010 Whiringa-ā-nuku – Contents

Māori Appellate Court - Te Kōti Pira Māori

Costs –higher costs awarded - indemnity costs inappropriate – Phillips v Trustees of Mohaka A4 Trust – Mohaka A4 [2010] Māori Appellate Court MB 412


Costs –higher costs awarded – indemnity costs inappropriate – Phillips

Phillips v Trustees of Mohaka A4 Trust – Mohaka A4

[2010] Māori Appellate Court MB 425 (2010 APPEAL 425)

4 October 2010

The Trustees of Mohaka A4 Trust applied for costs following the dismissal of an appeal and sought indemnity costs on the basis the appeal was without merit and put them to an unnecessary expense. While the Appellate Court considered that an award of costs was justified, indemnity costs were not appropriate. However, the Court did award costs greater than what might otherwise be the case.

Download Phillips v Trustees of Mohaka A4 Trust – Mohaka A4 (82 KB PDF) here. read more

September 2010 Mahuru – Contents

Māori Appellate Court - Te Kōti Pira Māori

Injunction – refused - balance of convenience favoured respondents – O'Malley v Wyborn – Orokawa 3C2B [2010] Māori Appellate Court MB 494

Māori Land Court - Te Kōti Whenua Māori

Māori reservation – termination of trusteeship – Pita v Ngatiwai Ki Whangaruru Whenua Tōpū Trust Board - Whangaruru Whakaturia 1D9A & Whangaruru Whakaturia 1D10A (2010) 10 Taitokerau MB 40


Injunction – refused – balance of convenience favoured respondents – Wyborn

O'Malley v Wyborn – Orokawa 3C2B

[2010] Māori Appellate Court MB 494 (2010 APPEAL 494)

9 September 2010

Appeal against the lower Court’s decision declining an injunction. The Appellate Court was satisfied that the balance of convenience in favoured the respondents, and an injunction should not be granted.

Download O'Malley v Wyborn – Orokawa 3C2B (115 KB PDF) here. read more

Māori reservation – termination of trusteeship – Pita v Ngatiwai Ki Whangaruru Whenua Topu Trust Board

Pita v Ngatiwai Ki Whangaruru Whenua Tōpū Trust Board - Whangaruru Whakaturia 1D9A & Whangaruru Whakaturia 1D10A

Māori Land Court (2010) 10 Taitokerau MB 40 (10 TTK 40)

22 September 2010

Trustees of the Ngatiwai ki Whangaruru Whenua Tōpū Trust opposed plans to develop a new marae complex. The marae committee, supported by beneficiaries, successfully applied for the termination of the Trust's trusteeship of the land and for the vesting of the land in the Ngatiwai Trust Board.

Download Pita v Ngatiwai Ki Whangaruru Whenua Topu Trust Board here (130 KB PDF). read more

August 2010 Here-turi-kōkā – Contents

Māori Appellate Court

Partition – valuation basis for partition fair – Kopa v Cooper - Motatau 2 Section 23A1A Block [2010] Māori Appellate Court MB 243


Partition – valuation basis for partition fair – Kopa

Kopa v Cooper - Motatau 2 Section 23A1A Block

[2010] Māori Appellate Court MB 243 (2010 APPEAL 243)

16 August 2010

Appeal against a decision of the lower Court ascribing value to a dwelling and partitioning Motatau 2 Section 23A1A. The Appellate Court considered the lower Court adopted the right approach in deciding the value of the dwelling and that the scheme of the partition, based on that valuation, was entirely fair.

Download Kopa v Cooper - Motatau 2 Section 23A1A Block (105 KB PDF) here. read more

June 2010 Pipiri – Contents

Māori Appellate Court

Chief Judge’s powers – standard of proof, delay, indefeasibility and implied trusts – Tau v Ngā Whānau o Morven and Glenavy - Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167