August 2011 Here-turi-kōkā – Contents

Māori Appellate Court

Succession – whakapapa link sufficient for a disposition by will - Nicholas v Kameta – Estate of Whakaahua Walker Kameta, Te Puke 2A2A3B1 and 2A2A3B2 [2011] 2011 Māori Appellate Court MB 500

Partition - lower Court erred in its approach - Whaanga v Niania - Anewa Block [2011] 2011 Maori Appellate Court MB 428

Occupation orders - Erlbeck v Ham - Marangairoa C12 (2011) Māori Appellate Court MB 340


Succession – whakapapa link sufficient for a disposition by will – Nicholas

Nicholas v Kameta – Estate of Whakaahua Walker Kameta, Te Puke 2A2A3B1 and 2A2A3B2

[2011] 2011 Māori Appellate Court MB 500 (2011 APPEAL 500)

31 August 2011

The lower Court determined the will of Mr Kameta, where he made provision for his defacto partner and her children, was of no effect as it was contrary to the terms of the Act. Ms Nicholas and her children appealed that decision. The appeal was allowed in part as the Appellate Court was satisfied Ms Nicholas’s children’s whakapapa link to Mr Kameta was sufficient enough to enable them to succeed to his interests.

Download Nicholas v Kameta – Estate of Whakaahua Walker Kameta, Te Puke 2A2A3B1 and 2A2A3B2 here (265 KB PDF). read more

Trusts – review – findings of the lower Court upheld – Naera

Naera v Fenwick – Whakapoungakau 24 (Tikitere Trust)

[2011] Māori Appellate Court MB 316 (2011 APPEAL 316)

5 August 2011

Appeal against the lower Court’s decision not to order the removal of any of the trustees of the Tikitere Trust. The Appellate Court dismissed each ground of appeal raised.

Download Naera v Fenwick – Whakapoungakau 24 (Tikitere Trust) here (188KB PDF). read more

Partition – lower Court erred in its approach – Whaanga

Whaanga v Niania - Anewa Block

Māori Appellate Court [2011] 2011 Maori Appellate Court MB 428 (2011 APPEAL 428)

19 August 2011

Appeal from a decision of the lower court concerning an application for partition order. The lower Court was found to have erred in its approach to the assessment of sufficiency of support.

Download Whaanga v Niania - Anewa Block (307 KB PDF) here. read more

Occupation orders – notice and stale consent – Erlbeck v Ham

Erlbeck v Ham - Marangairoa C12

Māori Appellate Court (2011) Māori Appellate Court MB 340 (2011 APPEAL 340)

9 August 2011

Appeal against an occupation order. Appeal allowed with the case referred back to the lower Court to be reheard.

Download Erlbeck v Ham - Marangairoa C12 here. read more