December 2011 Hakihea – Contents

Editorial

2011 general election and government formation

Māori Appellate Court

2011 Māori Appellate Court judgments - index

Māori Land Court

2011 Māori Land Court judgments - index

Changing the status of Māori freehold land - Warin and Jensen (2011) 30 TTK 37

Trusts - review - Māori Trustee appointed responsible trustee - Māori Trustee - Huriwai Family Trust (2011) 13 Takitimu MB 17

Trusts – trustee appointment – insufficient evidence to determine nominee acceptable - Fenwick - Whakapoungakau 24 (2011) 45 Waiariki MB 252

Trusts – trustee removal - Māori Trustee retained with owner support - Ransfield - Poukawa 9E2 (2011) 13 Takitimu MB 102

Legislation

Treaty Settlement Legislation before the House of Representatives in 2011

Print Version

Download the Māori Law Review December 2011 (352 KB PDF).


2011 Māori Appellate Court judgments – index

This table lists the 2011 judgments of the Māori Appellate Court and contains links to reports about the decisions. read more

2011 Māori Land Court judgments – index

This table lists the 2011 judgments of the Māori Land Court and contains links to reports about the decisions. read more

2011 General Election and government formation

50th Parliament

The Electoral Commission released the final results of the 26 November general election on 10 December 2011.

read more

Status of land – changing the status of Māori freehold land – Warin and Jensen (2011) 30 TTK 37

Warin and Jensen, re Whangaruru Whakaturia 4 Lot 32 DP 126453 (Part)

(2011) 30 Taitokerau MB 37 (30 TTK 37)

14 November 2011

This decision addresses the statutory criteria for considering whether land can be managed or utilised more effectively as General land than Māori land. The change of status application was refused. The land at issue remains Māori freehold land.

Download Warin and Jensen, re Whangaruru Whakaturia 4 Lot 32 DP 126453 (Part) (2011) 30 Taitokerau MB 37 (30 TTK 37) here (250KB PDF). read more

Trusts – review – Māori Trustee appointed responsible trustee – Māori Trustee

Māori Trustee - Huriwai Family Trust 

Māori Land Court (2011) 13 Takitimu MB 17 (13 TKT 17)

8 December 2011

Application for a review of trust. A meeting of owners was held where new trustees were elected. Mr Nuku argued that if the trustees were to be replaced then the Māori Trustee should be appointed for a period. The Court considered that the most practical outcome was for the Maōri Trustee to be appointed as responsible trustee and for the owners elected at the meeting to be appointed advisory trustees.

Download Māori Trustee - Huriwai Family Trust (91 KB PDF) here. read more

Trusts – trustee appointment – insufficient evidence to determine nominee acceptable – Fenwick

Fenwick - Whakapoungakau 24

Māori Land Court (2011) 45 Waiariki MB 252 (45 WAR 252)

23 December 2011

Applications to appoint two trustees following a meeting of owners. The notice for the meeting stated that a single replacement trustee was required. The Court considered there was insufficient evidence to confirm whether Mr Lloyd, the proposed additional trustee, was broadly acceptable to the beneficiaries.

Download Fenwick - Whakapoungakau 24 (137 KB PDF) here. read more

Trusts – trustee removal – Māori Trustee retained with owner support – Ransfield

Ransfield - Poukawa 9E2

Māori Land Court (2011) 13 Takitimu MB 102 (13 TKT 102)

12 December 2011

The applicant sought to have the Māori Trustee removed as responsible trustee. Given the other owners continued to support the retention of the Māori Trustee as responsible trustee, the Court could see no reason to disturb that arrangement.

Download Ransfield - Poukawa 9E2 (127 KB PDF) here. read more

Treaty Settlement Legislation before the House of Representatives in 2011

The Whanganui Iwi (Whanganui (Kaitoke) Prison and Northern Part of Whanganui Forest) On-account Settlement Act 2011 was the only Treaty Settlement Bill enacted in 2011. However, a number of settlement bills are currently before the House.  Carwyn Jones reviews Treaty Settlement legislation in 2011. read more