March 2011 Poutū-te-rangi – Contents

Māori Land Court

Possession – second mortgagee granted possession of property - Koning v Smith – Matapihi 1A 3D 4C 1 Block (2011) 18 Waikato Maniapoto 220

Partition, occupation orders - occupation order granted, partition not necessary - Kelly - Mimitu Ruarei 13A (2011) 18 Taitokerau MB 45

Partition - ahu whenua trust proposed as an alternative - Selwyn v Hobson (2011) 18 Taitokerau MB 1

Occupation orders - contested applications - Tautari - Mohinui 3B2B (2011) 18 Taitokerau MB 6

Trusts - appointment of trustees – refusal to appoint trustee – Te Tii Waitangi B3 (2011) 17 Taitokerau MB 294


Possession – second mortgagee granted possession of property – Koning

Koning v Smith – Matapihi 1A 3D 4C 1 Block

(2011) 18 Waikato Maniapoto 220 (18 WAI 220)

16 March 2011

The Court made an order granting possession of the land to the estate of the second mortgagee.

Download Koning v Smith – Matapihi 1A 3D 4C 1 Block (209 KB PDF) here. read more

Partition, occupation orders – occupation order granted, partition not necessary – Kelly

Kelly - Mimitu Ruarei 13A

Māori Land Court (2011) 18 Taitokerau MB 45 (18 TTK 45)

18 March 2011

The applicant had previously applied for an occupation order but the application was adjourned (so that she could file an application for partition) as the other owners were opposed. The partition application was not granted as there was insufficient support for it and it was considered unnecessary. The Court was prepared to grant an occupation order, provided the applicant's son consented to the particular site chosen for the order.

Download Kelly - Mimitu Ruarei 13A (130 KB PDF) here. read more

Partition – ahu whenua trust proposed as an alternative – Selwyn

Selwyn v Hobson

Māori Land Court (2011) 18 Taitokerau MB 1 (18 TTK 1)

16 March 2011

The applicant applied for vesting orders and a partition order so that he could provide his son with a section to build a house. The Court proposed an alternative approach whereby the shares for the house section would be vested in a whānau trust but the legal title would be vested in a separate ahu whenua trust established to allow the son and his partner to build their house. The parties consented to this.

Download Selwyn v Hobson (111 KB PDF) here. read more

Occupation orders – contested applications – Tautari

Tautari - Mohinui 3B2B

Māori Land Court (2011) 18 Taitokerau MB 6 (18 TTK 6)

16 March 2011

Competing applications for an occupation order. The Court found that both applicants consulted with the owners and had received a sufficient degree of support. However, the Court considered it was only necessary to grant an occupation order to one of the applicants. Rather than grant the second order, the Court suggested the owners establish an ahu whenua trust to allocate areas of land to different groups of owners. The applications were adjourned for a meeting of owners to discuss the Court's suggestions.

Download Tautari - Mohinui 3B2B (150 KB PDF) here. read more

Appointment of trustees – refusal to appoint trustee – Te Tii Waitangi B3

Te Tii Waitangi B3

Māori Land Court (2011) 17 Taitokerau MB 294 (17 TTK 294)

16 March 2011

The Court declined to appoint a nominee as trustee, concluding that his views were incompatible with being a trustee, he lacked the necessary knowledge and experience, and it was likely that he would disrupt the Trust's business.

Download Te Tii Waitangi B3  here (109 KB PDF). read more