March 2012 Contents

High Court

Funding claimant groups for negotiation in preference to litigation - Taueki v Crown Forestry Rental Trust (High Court, Wellington CIV 2011-485-1497)

Māori Appellate Court

Applications for rehearingHenare v Māori Trustee – Parengarenga 3G (2012) 2012 Māori Appellate Court MB 1

Trustees - removal - Rudd Senior v Proctor - Horowhenua 11 (Lake) Trust (2012) 2012 Maori Appellate Court MB 107 (2012 APPEAL 107)

Costs – appeal against costs award dismissedVercoe v Barns- Parish of Matata 39A2A and 39A2B2B2A (2012) Māori Appellate Court MB 149 2012 APPEAL 149)

Waitangi Tribunal

No urgent inquiry into use of the Mangawhai forest in settlement of Ngāti Manuhiri historical claims - Kapea and Beazley on behalf of themselves and Ngā Uri o Maki-nui (Wai 2181, #2.5.7)

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Download the Māori Law Review March 2012 (450 KB PDF).


Funding claimant groups for negotiation in preference to litigation – Taueki v Crown Forestry Rental Trust

Taueki v Crown Forestry Rental Trust

High Court, Wellington (CIV 2011-485-1497)

17 February 2012

The High Court granted an application by the Crown Forestry Rental Trust (CFRT) for summary judgment against the plaintiff’s application for judicial review of a CFRT decision to recognise Muaūpoko Tribal Authority (MTA) as a beneficiary. The decision was challenged on the basis that MTA was not Māori and did not have a claim before the Waitangi Tribunal involving Crown forest licensed land. Ronald Young J was satisfied that the evidence unequivocally established that when CFRT recognised MTA as an approved client in 2009 MTA did represent claimants in the Waitangi Tribunal. Therefore there was no error of fact.

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Applications for rehearing – Henare v Māori Trustee – Parengarenga 3G (2012) 2012 Māori Appellate Court MB 1

Henare v Māori Trustee - Parengarenga 3G

Māori Appellate Court (2012) 2012 Māori Appellate Court MB 1 (2012 APPEAL 1)

9 January 2012

A Judge should not grant a rehearing on an application made more than 28 days after an order unless satisfied that the application could not reasonably have been made sooner (s 43(2)/93).  Here the evidence was inconclusive on the reasons for a late application for rehearing.  It was unsafe for the Court to have concluded a rehearing out of time should be granted. The appeal against the grant of a rehearing was allowed. The case was remitted for further orders to the judge who gave the initial decision the subject of the application for a rehearing.

Download Henare v Māori Trustee - Parengarenga 3G (2012) 2012 Maori Appellate Court MB 1 (2012 APPEAL 1) here (236 KB PDF). read more

Trustees – removal – Rudd Senior v Proctor – Horowhenua 11 (Lake) Trust

Rudd v Procter - Horowhenua 11 (Lake) Trust

Māori Appellate Court (2012) 2012 Maori Appellate Court MB 107 (2012 APPEAL 107)

2 March 2012

The Māori Appellate Court dismissed appeals from a decision by Chief Judge Isaac declining to remove the respondent (Dr Proctor) as a trustee and directing the Registrar to engage an independent facilitator to conduct a meeting of owners to consider appointment of a further responsible trustee to the Horowhenua 11 (Lake) Trust.

The Appellate Court's judgment expressed concern at a paucity of reasons given for the decision under appeal.

Download Rudd Senior v Procter - Horowhenua 11 (Lake) Trust (2012) 2012 Maori Appellate Court MB 107 (2012 APPEAL 107) here (144 KB PDF). read more

Costs – appeal against costs award dismissed – Vercoe v Barns

Vercoe v Barns- Parish of Matata 39A2A and 39A2B2B2A

Māori Appellate Court (2012) Māori Appellate Court MB 149

Appeal against costs award dismissed.

Download Vercoe v Barns- Parish of Matata 39A2A and 39A2B2B2A (2012) Māori Appellate Court MB 149 (254 KB PDF) here. read more

No urgent inquiry into use of the Mangawhai forest in settlement of Ngāti Manuhiri historical claims

Memorandum-directions of the Presiding Officer declining the application for an urgent hearing by William Kapea and Michael John Beazley on behalf of themselves and Ngā Uri o Maki-nui

Waitangi Tribunal (Wai 2181, #2.5.7, 1 March 2012)

The Waitangi Tribunal refused to convene an urgent hearing into use of the Mangawhai forest in settlement of Ngāti Manuhiri historical claims. Despite relying on the Supreme Court’s decision in Haronga v Waitangi Tribunal the applicants did not demonstrate that they would suffer significant or irreversible prejudice, nor that they were ready to proceed to an urgent inquiry.

Download Wai 2181, #2.5.7 here (517 KB PDF). read more