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.

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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

Māori reservation – application to designate land as Māori reservation dismissed – Thomson

Thomson - Omahu 4C4 Ahu Whenua Trust

Māori Land Court (2016) 48 Takitimu MB 249 (48 TKT 249)

10 May 2016

Application seeking that part of Omahu 4C4 be designated a Māori reservation for a proposed urupā. Dismissed due to lack of support from trustees and beneficiaries. Status remains Māori freehold land.

Download Thomson - Omahu 4C4 Ahu Whenua Trust (352 KB PDF).

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