November 2011 Contents

Court of Appeal

Customary law as part of the common law – burial; executor’s duties - Takamore v Clarke and Anor [2011] NZCA 587

High Court

Road at Papaaroha – possession orders to remove occupiers - Henare and others v Thames Coromandel District Council High Court, Hamilton (CIV-2010-419-1487)

Māori Appellate Court

Representatives for Ngā Ruahine - Pue and Manuiririrangi v Ngā Hapū o Ngā Ruahine Iwi Inc (2011 Appeal MB 577)

Māori Land Court

Injunction – order sought was a  blunt instrument and not appropriate – Trustees of Horina Nepia and Te Hiwi Piahana Whānau Trust v Tahamata Incorporation - Tahamata Incorporation (2011) 274 Aotea MB 203

Status of landSavage-Pickett - Section 15B3 Block VIII Tairua Survey District (2011) 30 Waikato-Maniapoto MB 201

Trusts - trustee appointment - no evidence to raise doubt about those elected - Deputy Registrar - Pohokura 3B - Ahu Whenua Trust (2011) 44 Waiariki MB 10

Trusts - review of trust and appointment of replacement trustees – appointment of professional trustee necessary due to extreme dysfunction – Tawhai - Whakatere Ki Koranui Trust and Waima North A22 (2011) 29 Taitokerau MB 212

Legislation

New rules for the Māori Land Court - Māori Land Court Rules 2011/Ngā Ture O Te Kooti Whenua Māori 2011 (2011/374)

Print Version

Download Māori Law Review November 2011 here (532 KB PDF).


Customary law as part of the common law – burial; executor’s duties

Takamore v Clarke

Court of Appeal [2011] NZCA 587

23 November 2011

James Takamore died in Christchurch in 2007 having lived most of his adult life there without participating actively in the affairs and customs of his iwi, Whakatohea and Ngāi Tūhoe. After he died, his whanaunga came to claim (tono) his body. Before the matter was resolved by discussions, relatives of the deceased took the tūpāpaku to Opotiki where a tangi (funeral) was held nearby and burial took place in a private urupa (cemetery).

Download Takamore v Clarke [2011] NZCA 587 here (PDF 695 KB). read more

Road at Papaaroha – possession orders to remove occupiers – Henare v Thames Coromandel District Council

Henare v Thames Coromandel District Council

High Court, Hamilton (CIV-2010-419-1487)

29 September and 11 November 2011

Thames Coromandel District Council obtained possession orders from the District Court in October 2010 over an area of roadway leading to a beach at Papaaroha on the Coromandel Colville Road. The orders were sought to remove a group of persons occupying the site in support of their belief that the land remained Māori land.

Those in occupation vacated the land but appealed to the High Court. Miller J dismissed their appeal in September 2011.

The unsuccessful appellants then sought leave from the High Court to appeal to the Court of Appeal from that judgment. Miller J refused to grant the leave sought on 11 November 2011.

Download Henare v Thames Coromandel District Council (29 September 2011) and Henare v Thames Coromandel District Council (11 November 2011) here (248 KB PDF and 62 KB PDF). read more

Injunction – order sought was a blunt instrument and not appropriate – Trustees of Horina Nepia and Te Hiwi Piahana Whānau Trust v Tahamata Incorporation

Trustees of Horina Nepia and Te Hiwi Piahana Whānau Trust v Tahamata Incorporation - Tahamata Incorporation

Māori Land Court (2011) 274 Aotea MB 203 (274 AOT 203)

18 November 2011

Application for an injunction preventing the Tahamata Incorporation dealing with certain shares was adjourned on the basis that an injunction was not appropriate.

Download Trustees of Horina Nepia and Te Hiwi Piahana Whānau Trust v Tahamata Incorporation here (105 KB PDF). read more

Status of land – land determined to be General land – Savage-Pickett

Savage-Pickett - Section 15B3 Block VIII Tairua Survey District

Māori Land Court (2011) 30 Waikato-Maniapoto MB 201 (30 WMN 201)

9 November 2011

Determination that land is General land.  Certificates of title and computer freehold register did not indicate clearly what the status was.  The applicant sought a determination to enable correct succession to his mother's interest in the land, to update the ownership records and to allow beneficiaries and trustees to decide how best to use and develop the land.

Download Savage-Pickett - Section 15B3 Block VIII Tairua Survey District(2011) 30 Waikato-Maniapoto MB 201 (30 WMN 201) here (75 KB PDF). read more

Representatives for Ngā Ruahine – Pue and Manuiririrangi v Ngā Hapū o Ngā Ruahine Iwi Inc

Pue and Manuiririrangi v Ngā Hapū o Ngā Ruahine Iwi Inc

(2011) 2011 Māori Appellate Court MB 577 (2011 Appeal MB 577)

18 November 2011

The Māori Appellate Court dismissed an appeal against a decision dismissing an application for an order that the appellants were the most appropriate representatives for Ngā Ruahine for the purpose of Treaty settlement negotiations. There would be no utility in the proposed order about representation.

Download Pue and Manuiririrangi v Ngā Hapū o Ngā Ruahine Iwi Inc here (194 KB PDF). read more

Trusts – trustee appointment – no evidence to raise doubt about those elected – Deputy Registrar

Deputy Registrar - Pohokura 3B - Ahu Whenua Trust

Māori Land Court (2011) 44 Waiariki MB 10 (44 WAR 10)

18 November 2011

The Deputy Registrar filed an application for the enforcement of obligations. As part of the procedural process a meeting of owners was convened where two replacement trustees were elected. Concerns were expressed over the appointment of those chosen as replacements. The Court considered there was no evidence to raise sufficient doubt to impeach the applications for appointment.

Download Deputy Registrar - Pohokura 3B - Ahu Whenua Trust (140 KB PDF) here. read more

Review of trust and appointment of replacement trustees – appointment of professional trustee necessary due to extreme dysfunction – Tawhai

Tawhai - Whakatere Ki Koranui Trust and Waima North A22

Māori Land Court (2011) 29 Taitokerau MB 212 (29 TTK 212)

2 November 2011

Trust found to be dysfunctional and in financial difficulties. Had the trustees other than Mr Toia not already resigned then they would have been removed for breach of duty. Extreme situation required appointment of professional trustee.

Download Tawhai - Whakatere Ki Koranui Trust and Waima North A22 here (80 KB PDF). read more

New rules for the Māori Land Court – Māori Land Court Rules 2011/Ngā Ture O Te Kooti Whenua Māori 2011

Māori Land Court Rules 2011/Ngā Ture O Te Kooti Whenua Māori 2011 (2011/374)

A comprehensive review has led to new Māori Land Court rules that come into effect from 1 December 2011.

Download the Māori Land Court Rules 2011/Ngā Ture O Te Kooti Whenua Māori 2011 here (4 MB PDF). read more