May 2012 Contents

Court of Appeal

Road at Papaaroha – possession orders to remove occupiers; leave sought for a second appeal - Henare v Thames Coromandel District Council [2012] NZCA 179

Māori Land Court and Māori Appellate Court

Injunction – interference with tangihanga would not be in the interests of justice – Malcolm-Davies - Ngararatunua A2B3C and A2B3D (2012) 39 Taitokerau MB 293

Proposed ex-gratia payment to trustee - Mika - Te Manawa o Tuhoe

Obtaining owners’ views on establishing an ahu whenua trustMaori Trustee - Rotokautuku 1J1

Traditional ownership of tāonga tūturu found at Plimmerton beach - Chief Executive, Ministry for Culture and Heritage

Trusts – removal of trustee - application dismissed – Hart - Okoha section 5 block VIII Gore SD (2012) 12 Te Waipounamu MB 286

Waitangi Tribunal

Immigration decisions and the Waitangi Tribunal; spouses as taonga - the Immigration Issues (Kumar) Claim

Waitangi Tribunal applications seeking urgent consideration - practice note

Print edition

Download the Māori Law Review May 2012 (492 KB PDF).


Road at Papaaroha – possession orders to remove occupiers – Henare v Thames Coromandel District Council in the Court of Appeal

Henare v Thames Coromandel District Council

Court of Appeal [2012] NZCA 179

9 May 2012

In November 2011 the High Court refused leave to appeal from its decision dismissing an appeal against possession orders obtained by Thames Coromandel District Council in 2010. The Council had obtained those orders from the District Court 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.

The unsuccessful appellants sought leave from the Court of Appeal to appeal from the High Court's judgment. Leave was refused in May 2012.

Download Henare v Thames Coromandel District Council (9 May 2012) here (52 KB PDF). read more

Injunction – interference with tangihanga would not be in the interests of justice – Malcolm-Davies

Malcolm-Davies - Ngararatunua A2B3C and A2B3D

Māori Land Court (2012) 39 Taitokerau MB 293 (39 TTK 293)

4 May 2012

Application for injunction preventing a burial dismissed. This was a matter more appropriately dealt with as a matter of tikanga at the marae.

Download Malcolm-Davies - Ngararatunua A2B3C and A2B3D here (89 KB PDF). read more

Proposed ex-gratia payment to trustee – Mika – Te Manawa o Tuhoe

Mika - Te Manawa o Tuhoe

Māori Land Court (2012) 54 Waiariki MB 16 (54 WAR 16)

22 May 2012

The Court declined an application that a trustee receive an ex-gratia payment of $50,000 from trust funds for what was described as extra work above trustee duties during a transition period. Despite the trust being obviously indebted to the trustee for the significant work he undertook there was no precedent for such a payment.

Download Mika - Te Manawa o Tuhoe (2012) 54 Waiariki MB 16 (54 WAR 16) here (185 KB PDF). read more

Obtaining owners’ views on establishing an ahu whenua trust – Maori Trustee – Rotokautuku 1J1

Maori Trustee - Rotokautuku 1J1

Māori Land Court (2012) 22 Tairawhiti MB 124 (22 TRW 124)

24 May 2012

The Māori Land Court directed the Registrar to obtain the views of owners in Rotokautuku 1J1 to the proposed appointment of three owners as responsible trustees.  The Court’s preliminary decision to appoint those persons trustees of an ahu whenua trust describes the process followed over 18 months to ascertain owners’ views on establishing a trust for the administration of the land.

Download Maori Trustee - Rotokautuku 1J1 here (163 KB PDF). read more

Traditional ownership of taonga tūturu found at Plimmerton beach

Chief Executive, Ministry for Culture and Heritage - Taonga Tūturu found at Plimmerton

Māori Land Court (2012) 283 Aotea MB 166 (283 AOT 166)

4 May 2012

The Chief Executive of the Ministry for Culture and Heritage applied for a determination of competing claims to the actual or traditional ownership of a pounamu heitiki (a carved greenstone pendant) found on Plimmerton beach (section 12(1)(b) of the Protected Objects Act 1975).  The beach lies within the traditional rohe (tribal region) of Ngāti Toa Rangatira. The Court held that although it was impossible to ascertain actual ownership of the object, traditional ownership lies with Ngāti Toa. The Court declined the finder’s request for ownership of the heitiki during his lifetime.

Download Chief Executive, Ministry for Culture and Heritage - Taonga Tūturu found at Plimmerton (2012) 283 Aotea MB 166 here (202 KB PDF). read more

Trusts – removal of trustee – application dismissed – Hart

Hart - Okoha section 5 block VIII Gore SD

Māori Land Court (2012) 12 Te Waipounamu MB 286 (12 TWP 286)

9 May 2012

Application to remove a trustee from the Mark and Mary Walker Trust dismissed. This was merely a case of sibling trustees not getting along rather than a situation of breach of trustee duties.

Download Hart - Okoha section 5 block VIII Gore SD here (232 KB PDF). read more

Immigration decisions and the Waitangi Tribunal; spouses as taonga

Memorandum-Directions of the Deputy Chairperson declining an urgent inquiry into the Immigration Issues (Kumar) Claim

Waitangi Tribunal (Wai 2320, #2.5.3, 8 May 2012)

The Waitangi Tribunal declined to convene an urgent inquiry into a claim that removal from New Zealand of a person under immigration processes would amount to a breach of the Treaty of Waitangi because that person was regarded as a taonga by his wife’s family.

Download Wai 2320, #2.5.3 here (579 KB PDF). read more

Waitangi Tribunal applications seeking urgent consideration – practice note

Waitangi Tribunal Practice Note - Applications seeking urgent Tribunal consideration

Waitangi Tribunal, 28 May 2012

The Waitangi Tribunal has issued a new practice note setting out the criteria used to assess applications seeking urgent inquiries and issuing guidance on related procedural issues.

Download Waitangi Tribunal Practice Note - Applications seeking urgent Tribunal consideration (690KB PDF) here. read more