May 2011 – Contents

Supreme Court

Remedies recommendations from the Waitangi Tribunal - Haronga v Waitangi Tribunal [2011] NZSC 53

Māori Land Court

Status of land - Council views not relevant in considering status change - Deputy Registrar - Ohawini A6 (2011) 21 Taitokerau MB 172

Appointment of trustees – poll vote appropriate and fair – McLelland - Ngati Hine H2B (2011) 21 Taitokerau MB 57

Incorporation – ahu whenua trust established after liquidator discharged – Te Onetu Pihama Incorporation (2011) 266 Aotea MB 20

 

Haronga v Waitangi Tribunal

Haronga v Waitangi Tribunal

Supreme Court of New Zealand [2011] NZSC 53

19 May 2011

The Supreme Court allowed this appeal for an urgent remedies hearing of a Waitangi Tribunal application. The Supreme Court quashed the original determination and directed the Tribunal to hold an urgent remedies hearing of the application.

Download Haronga v Waitangi Tribunal [2011] NZSC 53 here. read more

Status of land – Council views not relevant in considering status change – Ohawini A6

Deputy Registrar - Ohawini A6

Māori Land Court (2011) 21 Taitokerau MB 172 (21 TTK 172)

26 May 2011

Successful application to change status from General land to Māori freehold land. Registered proprietor and his successors identified to enable succession. The Court does not have to take into account a local Council's views concerning the payment of rates when considering an application to change the status of land under s 133 of Te Ture Whenua Māori Act 1993.

Download Deputy Registrar - Ohawini A6 (2011) 21 Taitokerau MB 172 (21 TTK 172) here (186 KB PDF). read more

Appointment of trustees – poll vote appropriate and fair – McLelland

McLelland - Ngati Hine H2B

Māori Land Court (2011) 21 Taitokerau MB 57 (21 TTK 57)

19 May 2011

Application to appoint replacement trustees to the Ngati Hine Forestry Trust in accordance with the election held at the Trust's 2010 AGM. The introduction of a poll vote was in accordance with the Trust order and did not cause unfairness despite the Court noting some procedural shortcomings. Mr Shortland's participation had not been lawful and the polling results were adjusted accordingly.

Download McLelland - Ngati Hine H2B here (190 KB PDF). read more

Incorporation – ahu whenua trust established after liquidator discharged –Te Onetu Pihama Incorporation

Te Onetu Pihama Incorporation

Māori Land Court (2011) 266 Aotea MB 20 (266 AOT 20)

18 May 2011

16 years after being put into liquidation, the debts of Te Onetu Pihama Incorporation were repaid and the liquidation was brought to an end. An ahu whenua trust was established and the Māori Trustee was appointed responsible trustee.

Download Te Onetu Pihama Incorporation here (190 KB PDF). read more