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