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


Chief Judge’s powers – standard of proof, delay, indefeasibility and implied trusts – Tau v Ngā Whānau o Morven and Glenavy

Tau v Ngā Whānau o Morven and Glenavy - Waihao 903 Section IX Block

Māori Appellate Court [2010] Māori Appellate Court MB 167 (2010 APPEAL 167)

20 May 2010

Unsuccessful appeal against the decision of Deputy Chief Judge Isaac to cancel and amend succession orders made by the Court in 1971. The Appellate Court determined that the civil standard of proof is applied in decisions of the Māori Land and Appellate Courts as well as those of the Chief Judge. The Land Transfer Act and the doctrine of indefeasibility do not preclude claims that a registered proprietor holds on trust. The equitable doctrine of laches does not apply to the Chief Judge's statutory jurisdiction under s 45 of Te Ture Whenua Māori Act 1993 although delay is a relevant consideration.

Download Tau v Ngā Whānau o Morven and Glenavy - Waihao 903 Section IX Block here (267 KB PDF). read more