April 2012 – Contents

Court of Appeal

Trusts – trustee appointments – discretion of Court not broad and unfettered – Clarke v Karaitiana [2011] NZCA 154

Māori Appellate Court

CostsRameka v Hall - Opepe Farm Trust (2012) Māori Appellate Court MB 167 (2012 APPEAL 167)

Costs - Māori Land Court Special Aid Fund - Ripia (2012) Māori Appellate Court MB 175 (2012 APPEAL 175)

Status of land – effect of status order to amend earlier partition - Toroa – Te Kuri X53 and other blocks (2012) Māori Appellate Court MB 157 (2012 APPEAL 157)

Roadways - errors of law - appeals allowed - Ngunguru Coastal Investments Ltd v Climo - Horahora 1B4A2D1 and others [2012] 2012 Maori Appellate Court MB 80

Māori Land Court

Injunction – trustees' application to remove occupant refused – The Trustees of Oweta 4B v Riki - Oweta 4B (2012) 21 Tairāwhiti MB 190

Trespass and damages – orders would only inflame tense situation – Carroll v Maihi-Carroll - Waipuka 2R Section 3 (2012) 15 Tākitimu MB 234

Waitangi Tribunal

Inquiry into kōhanga reo and revitalisation of te reo Māori - Wai 2336, #2.5.13 25 October 2011

Print Version

Download the Māori Law Review April 2012 (606 KB PDF).


Trusts – trustee appointments – discretion of Court not broad and unfettered – Clarke

Clarke v Karaitiana

Court of Appeal [2011] NZCA 154

14 April 2011

Appeal allowed from a decision of the Māori Appellate Court. The Appellate Court was found to have erred in construing the exercise of discretion available to the Court under s 222 of the Act in appointing trustees.

Download Clarke v Karaitiana (211 KB PDF).
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Costs – Māori Land Court Special Aid Fund – Ripia

Ripia

Māori Appellate Court (2012) Māori Appellate Court MB 175

Application dismissed for costs from special aid fund.

Download Ripia (2012) Māori Appellate Court MB 175 (115 KB PDF) here. read more

Costs – Rameka v Hall

Rameka v Hall – Opepe Farm Trust

Māori Appellate Court (2012) Māori Appellate Court MB 167 (2012 APPEAL 167)

Costs awarded (65% of costs incurred by respondent) after appeal dismissed.

Download Rameka v Hall – Opepe Farm Trust (135 KB PDF) here. read more

Status of land – effect of status order to amend earlier partition – Toroa

Toroa – Te Kuri X53 and other blocks

Māori Appellate Court (2012) Māori Appellate Court MB 157

Determination of status application by lower court set aside as beyond jurisdiction and matter remitted to court.

Downloard Toroa – Te Kuri X53 and other blocks (2012) Māori Appellate Court MB 157 (242 KB PDF) here. read more

Roadways – errors of law – appeals allowed – Ngunguru

Ngunguru Coastal Investments Ltd v Climo - Horahora 1B4A2D1 and others

[2012] 2012 Maori Appellate Court MB 80 (2012 APPEAL 80)

1 March 2012

Three appeals were brought against decisions of the lower Court about roadway applications for Horahora blocks. The Appellate Court allowed two of the appeals and dismissed the third.

Download Ngunguru Coastal Investments Ltd v Climo - Horahora 1B4A2D1 and others (494 KB PDF) here. read more

Injunction – trustees’ application to remove occupant refused – The Trustees of Oweta 4B v Riki

The Trustees of Oweta 4B v Riki - Oweta 4B

Māori Land Court (2012) 21 Tairāwhiti MB 190 (21 TRW 190)

23 April 2012

Application by the trustees of Oweta 4B for an injunction to remove Mr Riki from the land dismissed.

Download The Trustees of Oweta 4B v Riki - Oweta 4B here (165 KB PDF). read more

Trespass and damages – orders would only inflame tense situation – Carroll v Maihi-Carroll

Carroll v Maihi-Carroll - Waipuka 2R Section 3

Māori Land Court (2012) 15 Tākitimu MB 234 (15 TKT 234)

24 April 2012

Application for trespass and damages dismissed on the basis that the orders sought would only inflame a tense family dispute and prevent an amicable resolution. There was also insufficient evidence before the Court to grant the order.

Download Carroll v Maihi-Carroll - Waipuka 2R Section 3 here (174 KB PDF). read more

Kōhanga Reo and revitalisation of te reo Māori

Decision granting an urgent inquiry into the impact of Early Childhood Education policies on the kōhanga reo movement and the revitalization of te reo Māori

Waitangi Tribunal (Wai 2336, #2.5.13 25 October 2011)

Download Wai 2336, #2.5.13 here (626 KB PDF).

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