April 2011 Paenga-whāwhā – Contents

Māori Appellate Court

Alienation and status of land - alienation not contrary to Te Ture Whenua Māori Act 1993, change to General land to facilitate sale appropriate - Manning - Kirikiri Pawhaoa B2A1 [2011] Māori Appellate Court MB 215

Occupation ordersRudolph v Reti - Otetao B3A2 [2011] Māori Appellate Court MB 143

Māori Land Court

Occupation orders - competing applications - Gough - Pataua 4B (2011) 19 Taitokerau MB 1


Alienation and status of land – alienation not contrary to Te Ture Whenua Māori Act 1993, change to General land to facilitate sale appropriate – Manning

Manning - Kirikiri Pawhaoa B2A1

Māori Appellate Court [2011] Māori Appellate Court MB 215 (2011 APPEAL 215)

13 April 2011

Successful appeal from decision of the Māori Land Court dismissing an application to confirm orders of the High Court regarding sale of Māori freehold land. MAC stated that the High Court decision was persuasive but not binding on the MLC. Where sale arose from agreement of the beneficiaries and not by virtue of testamentary powers, the sale was not contrary to Te Ture Whenua Māori Act 1993. The sale was not in breach of trust. Application to change status to General land granted. While it was acknowledged that such change was sought to facilitate a sale, the change of status would lead to more effective management and utilisation of the land.

Download Manning - Kirikiri Pawhaoa B2A1 [2011] Māori Appellate Court MB 215 (2011 APPEAL 215) here (203 KB PDF). read more

Occupation orders – competing applications – Gough

Gough - Pataua 4B

Māori Land Court (2011) 19 Taitokerau MB 1 (19 TTK 1)

12 April 2011

Competing application for occupation orders. Applications adjourned where the Court suggested the parties should develop a land use plan to be incorporated into an ahu whenua trust order.

Download Gough - Pataua 4B (160 KB PDF) here. read more

Occupation orders – appeal against order – Rudolph v Reti

Rudolph v Reti - Otetao B3A2

Māori Appellate Court (2011) Māori Appellate Court MB 143 (2011 APPEAL 143)

5 April 2011

Appeal against an occupation order. The appellants were unhappy with changes between the original application and the final orders made, which they felt prejudiced their occupation of the block. Appeal dismissed.

Download Rudolph v Reti - Otetao B3A2 here. read more