September 2011 Mahuru – Contents

Māori Appellate Court

Costs - High Court scale used for comparison - Smith v Courtney - Ohuirua No 2 Block [2011] 2011 Maori Appellate Court MB 492

Māori Land Court

Injunction – cancellation of interim injunction – Te Pairi v Whakatane District Council - Omuriwaka and Tahora 2AD2 (2011) 38 Waiariki MB 116

Injunction – occupant ordered to vacate – Peters v Eruera - Kaikoura No 4 (2011) 40 Waiāriki MB 206

Occupation orders - granted after owners declined an ahu whenua trust - Mohinui 3B2B (2011) 27 Taitokerau MB 136

Status of land - application to change status to General land unnecessary, status already changed - Barrell - Lot 27 DP 40840 (2011) 27 Taitokerau MB 241

Trusts - appointment of trustees – interim independent trustee appointed – Gemmell - Mohaka A4 Trust (2011) 11 Takitimu MB 86

Costs - circumstances warranted payment from the Special Aid Fund - Rogers v Stirling - Taungaure No.2 (2011) 39 Waiariki MB 297

Costs - District Court scale used for comparison - Gardiner v Gorringe (2011) 28 Waikato Maniapoto MB 237

Costs – High Court scale used for comparison – Smith

Smith v Courtney - Ohuirua No 2 Block

[2011] 2011 Maori Appellate Court MB 492 (2011 APPEAL 492)

21 September 2011

The Appellate Court awarded costs to the respondents. The litigation was conducted in a manner similar to a civil appeal in the High Court. The High Court scale was used for guidance in reaching a fair costs award.

Download Smith v Courtney - Ohuirua No 2 Block (208 KB PDF) here. read more

Injunction – cancellation of interim injunction – Te Pairi v Whakatane District Council

Te Pairi v Whakatane District Council - Omuriwaka and Tahora 2AD2

Māori Land Court (2011) 38 Waiariki MB 116 (38 WAR 116)

2 September 2011

Interim injunction cancelled. The results of an independent survey were the same as those of another survey commissioned by the Whakatane District Council. This ended a dispute over a boundary.

Download Te Pairi v Whakatane District Council - Omuriwaka and Tahora 2AD2 here (45 KB PDF). read more

Injunction – occupant ordered to vacate – Peters v Eruera

Peters v Eruera - Kaikoura No 4

Māori Land Court (2011) 40 Waiāriki MB 206 (40 WAR 206)

27 September 2011

Injunction granted prohibiting the occupant and his family from occupying the property or entering onto trust land.

Download Peters v Eruera - Kaikoura No 4 here (131 KB PDF). read more

Occupation orders – granted after owners declined an ahu whenua trust – Mohinui 3B2B

Mohinui 3B2B

Māori Land Court (2011) 27 Taitokerau MB 136 (27 TTK 136)

21 September 2011

Applications for occupation orders. The applications were previously adjourned after the Court suggested the establishment of an ahu whenua trust to allocate areas of land to different owners. The owners did not support the establishment of a trust. Accordingly, both applications were granted.

Download Mohinui 3B2B (89 KB PDF) here. read more

Status of land – application to change status to General land unnecessary as status had already changed – Barrell

Barrell - Lot 27 DP 40840

Māori Land Court (2011) 27 Taitokerau MB 241 (27 TTK 241)

26 September 2011

Application to change status of land to General land unnecessary. Section 355 of Te Ture Whenua Māori Act applied so that a transfer registered in 1994 could be perfected in accordance with the Māori Affairs Act 1953. The memorandum of transfer did not purport to retain the Māori freehold land status so the land became General land upon registration.

Download Barrell - Lot 27 DP 40840 (2011) 27 Taitokerau MB 241 (27 TTK 241) here (65 KB PDF). read more

Appointment of trustees – interim independent trustee appointed – Gemmell

Gemmell - Mohaka A4 Trust

Māori Land Court (2011) 11 Takitimu MB 86 (11 TKT 86)

9 September 2011

Interim independent trustee appointed for 12 months and tasked with resolving the annual accounts, completing audits and other responsibilities. A debtor to the Trust cannot be a trustee. Trustees were not sufficiently independent of the various challenging issues to be able to administer the land in the best interests of the owners.

Download Gemmell - Mohaka A4 Trust here (109 KB PDF). read more

Costs – circumstances warranted payment from the Special Aid Fund – Rogers

Rogers v Stirling - Taungaure No.2

(2011) 39 Waiariki MB 297 (39 WAR 297)

20 September 2011

An order was made for Mr Stirling's legal costs to be paid from the Special Aid Fund as the Court considered the circumstances in this case were such to warrant a departure from the notion that costs normally follow the event.

Download Rogers v Stirling - Taungaure No.2 (115 KB PDF) here. read more

Costs – District Court scale used for comparison – Gardiner

Gardiner v Gorringe

(2011) 28 Waikato Maniapoto MB 237 (28 WMN 237)

27 September 2011

Application for costs following lengthy proceedings. Judge Clark awarded the defendants 60% of their actual costs incurred after calculating the scale of costs they would have been entitled to had the matter been before the District Court.

Download Gardiner v Gorringe (237 KB PDF) here. read more