June 2012 Pipiri – Contents

High Court

Application of tikanga Māori (Māori customary law) to criminal trial and sentencing processes R v Mason [2012] NZHC 1361

Māori Land Court and Māori Appellate Court

High threshold to succeed on appeal against costs awards Nikau v Te Rongomau (2012) 2012 Māori Appellate Court MB 300

Ownership of dwelling – rights of non-owners to fixtures on Māori land - Stock v Morris - Wainui 2D2B (2012) 41 Taitokerau MB 121 (41 TTK 121)

Interim injunction to prevent eviction from Māori land Kerr v Albert (2012) 55 Waiariki MB 146

Injunction – trustee wrongfully in receipt of rental proceeds – Māori Trustee v Te Pou - Waiohau a Section 4B (2012) 55 Waiariki MB 124

Trustee elections, postal ballots and statutory declarations of entitlement Trustees of Lake Horowhenua Trust (2012) 285 Aotea MB 135

Partition - not reasonably necessary - Whaanga - Anewa (2012) 22 Tairawhiti MB 167

Māori reservation – application for inquiry into administration misconceived – Webster - Komakorau Parish of 146B1A (Hukanui Marae) (2012) 42 Waikato Maniapoto MB 83

Waitangi Tribunal

No urgent inquiry into impact of Te Rarawa settlement on Hokianga Wai 2344, #2.5.12 19 June 2012

Remedies recommendations and principles for relief in the Waitangi Tribunal Wai 45, #2.411 25 June 2012

Legislation

Review of Te Ture Whenua Māori Act 1993 An expert panel has been appointed to review Te Ture Whenua Māori Act 1993 - The Māori Land Act 1993 and report by December 2012

Māori Law Review news

Student essay competition - undergraduate law students of Victoria University of Wellington are invited to submit an essay on the most significant legal development affecting Māori in 2011. The winner will receive a $100 book token and will have their essay published in the Māori Law Review.

Print Version

Download Māori Law Review June 2012 (569 KB PDF)


Criminal law, application of tikanga Māori (customary law)

R v Mason

High Court [2012] NZHC 1361

15 June 2012

Mr Mason was facing trial on one count of murder and one count of attempted murder. He applied to be dealt with in accordance with tikanga Māori (Māori customary law). The High Court refused. Subsequent to this ruling Mr Mason entered guilty pleas to the charges and was remanded for sentence.

The Court’s reasons have now been issued. These contain discussion of how tikanga Māori fits with statute-based criminal law in Aotearoa/New Zealand.

Download R v Mason [2012] NZHC 1361 here (203 KB PDF). read more

High threshold to succeed on appeal against costs awards

Nikau v Te Rongomau - Whangape Parish Lot 23B (Horahora Marae) (2012) 2012 Māori Appellate Court MB 300 (2012 APPEAL 300)

Māori Appellate Court 1 June 2012

The Māori Appellate Court dismissed an appeal against a costs award. No grounds were made out to disturb the lower court's award of 70% of the actual costs of the successful party. The Court observed that it would be helpful in considering costs to know what scale costs in the High Court would be for equivalent proceedings. The Court also observed that a good case can be made for ordering security against costs on costs appeals.

Download Nikau v Te Rongomau - Whangape Parish Lot 23B (Horahora Marae) (2012) 2012 Māori Appellate Court MB 300 here. (132kb PDF) read more

Ownership of dwelling – rights of non-owners to fixtures on Māori land – Stock

Stock v Morris - Wainui 2D2B

Māori Land Court (2012) 41 Taitokerau MB 121 (41 TTK 121)

1 June 2012

Application to determine ownership of a cottage situated on Wainui 2D2B. Ms Stock, an owner in the land, claimed ownership of the cottage and was supported by her fellow owners. Mr Morris, a non-owner in the land who paid for the construction of the cottage, claimed a monetary interest. An order was made declaring Ms Stock be the owner of the cottage, conditional on the payment of a judgment sum of $46,260.41 (being half the value of the cottage plus interest from the date of separation) to Mr Morris.

Download Stock v Morris - Wainui 2D2B (259 KB PDF) here. read more

Interim injunction to prevent eviction from Māori land

Kerr v Albert and others as trustees of the Ngahiamutu Land Trust – Maketu A102 (2012) 55 Waiariki MB 146 (55 WAR 146)

Māori Land Court 20 June 2012

Mr Kerr was granted an interim injunction on 20 June 2012 to prevent the respondent trustees from evicting him from land. A further hearing on notice to the trustee landowners was scheduled to hear argument on whether to extend or dismiss the interim injunction while Mr Kerr’s substantive proceeding opposing eviction from occupation of the land remains undetermined.

Download Kerr v Albert and others as trustees of the Ngahiamutu Land Trust – Maketu A102 (2012) 55 Waiariki MB 146 here (73 KB PDF).

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Injunction – trustee wrongfully in receipt of rental proceeds – Māori Trustee v Te Pou

Māori Trustee v Te Pou - Waiohau a Section 4B

Māori Land Court (2012) 55 Waiariki MB 124 (55 WAR 124)

14 June 2012

Interim injunction issued requiring the respondent trustee to pay rental proceeds to the Māori Trustee and preventing further contact with the lessee.

Download Māori Trustee v Te Pou - Waiohau a Section 4B here (136 KB PDF). read more

Trustee elections, postal ballots and statutory declarations of entitlement

Trustees of Lake Horowhenua Trust (2012) 285 Aotea MB 135 (285 AOT 135)

Māori Land Court 22 June 2012

Postal ballots could be used for trustee elections. Beneficiaries participating in the election would be required to complete a statutory declaration that they are current owners in the land and members of the Muaūpoko tribe.

Download Trustees of Lake Horowhenua Trust (2012) 285 Aotea MB 135 here. (268 KB PDF)

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Partition – not reasonably necessary – Whaanga

Whaanga - Anewa

Māori Land Court (2012) 22 Tairawhiti MB 167 (22 TRW 167)

5 June 2012

Application for partition order. Application dismissed as the Court considered the partition was not necessary to facilitate the effective operation, development and utilisation of the land.

Download Whaanga - Anewa (238 KB PDF) here. read more

Māori reservation – application for inquiry into administration misconceived – Webster

Webster - Komakorau Parish of 146B1A (Hukanui Marae)

Māori Land Court (2012) 42 Waikato Maniapoto MB 83 (42 WMN 83)

28 June 2012

An application to inquire into the administration of Komakorau Parish of 146B1A (Hukanui Marae) was dismissed.

Download Webster - Komakorau Parish of 146B1A (Hukanui Marae) here (146 KB PDF). read more

No urgent inquiry by Waitangi Tribunal into impact of Te Rarawa settlement on Hokianga

Memorandum-directions of the Presiding Officer declining the application for an urgent hearing by Rudolph Taylor and Patu Hohepa on behalf of the whānau and hapū of Hokianga

Waitangi Tribunal (Wai 2344, #2.5.12, 19 June 2012)

Download Wai 2344, #2.5.12 Memorandum-directions here. (500 KB PDF)

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Remedies recommendations and principles for relief in the Waitangi Tribunal

Application for remedies on behalf of Te Rūnanga-ā-Iwi o Ngāti Kahu

Waitangi Tribunal (Wai 45, 2012 #2.411, 25 June 2012)

The Waitangi Tribunal has scheduled a hearing for September 2012 in the application for remedies made on behalf of Te Rūnanga-ā-Iwi o Ngāti Kahu. In a memorandum of directions on preliminary matters issued on 25 June 2012 the Presiding Officer discussed a number of issues including principles for relief recommended by the Tribunal, notice to affected property owners and the definition of the claim area the Tribunal will use in considering remedies for Ngāti Kahu. The ruling is of interest because of the limited jurisprudence to date on how the Waitangi Tribunal considers making recommendations for relief about well-founded claims.

Download Wai 45, 2012 #2.411 here. (415 KB PDF)

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Review of Te Ture Whenua Māori Act 1993

Associate Māori Affairs Minister Christopher Finlayson announced on 3 June that an expert panel will review Te Ture Whenua Māori Act with a view to unlocking the economic potential of Māori land for its beneficiaries, while preserving its cultural significance for future generations.

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