October 2012 Contents

Editorial

Deputy Chief Judge Caren Fox - Re-launching the waka (3)

Court of Appeal

Validity of trustee appointments - Tito v Tito [2012] NZCA 493

High Court

Control over whānau taonga - Jones v Wickliffe [2012] NZHC 1960

Māori Appellate Court

Security for costs – appeal dismissed for failure to comply with Court directions - Whaanga v Ihaka Whaanga Whanau Trust - Town Section 90 Mahia & Town Section 91 Mahia [2012] 2012 Maori Appellate Court MB 538

Costs - costs reasonably incurred as starting point - Henare v Māori Trustee – Parengarenga 3G [2012] 2012 Māori Appellate Court MB 540

Māori Land Court

Rehearing - application submitted outside 28 day period - Te Purei - Rahui A12D (2012) 25 Tairawhiti MB 272

Status of land - status as Māori freehold land not a hindrance to securing finance - Johnson - Wairau North 8A (2012) 48 Taitokerau MB 217

Succession by whāngai - Edgecombe - Succession to Taiāwhio Waaka also known as Kelly Waaka (2012) 19 Takitimu MB 165 (19 TKT 165)

Interim injunction to prevent trespass on Māori freehold land - Te Rangi - Mahanga 1C1E (2012) 25 Tairawhiti MB 268 (25 TRW 268

Disposing of Māori freehold land by will to children adopted out of the whānau - Estate of Ross Glencairn Hovell (2012) 25 Tairawhiti MB 258 (25 TRW 258)

Māori reservation – whare wānanga for kaupapa waka – Busby - Okokori B (2012) 50 Taitokerau MB 9

Waitangi Tribunal

Te Taou application for an urgent inquiry into settlements declined

Settlements

New governance proposals for Te Urewera - Crown offer to settle the historical claims of Ngāi Tūhoe

Book Review

‘Always Speaking’: The Treaty of Waitangi and Public Policy reviewed by Dr Matthew S R Palmer

Print Version

Download the Māori Law Review October 2012 (542 KB PDF).


Editorial – Deputy Chief Judge Caren Fox – Re-launching the waka (3)

This month's editorial reproduces extracts from the speech given by Deputy Chief Judge Caren Fox on 3 October 2012 at the function held to celebrate the re-launch of the Māori Law Review. read more

Validity of trustee appointments – Tito v Tito [2012] NZCA 493

Tito v Tito

Court of Appeal [2012] NZCA 493

29 October 2012

The Court of Appeal dismissed an appeal from the Māori Appellate Court's decision to appoint two interim trustees to an ahu whenua trust. The Court suggested the owners consider appointing an independent professional as sole responsible trustee given the narrow scope of the trust's operations.

Download Tito v Tito [2012] NZCA 493 here (133KB PDF). read more

Control over whānau taonga

Jones v Wickliffe

High Court [2012] NZHC 1960

7 August 2012

The parties disputed who had rights to possession of two kakahu (feather cloaks) as whānau taonga (treasured family heirlooms).  The Court dismissed the defendant's application to strike out the plaintiff's claim that she was entitled to possession of the kakahu.

Download Jones v Wickliffe [2012] NZHC 1960 here (99KB PDF). read more

Security for costs – appeal dismissed for failure to comply with Court directions – Whaanga

Whaanga v Ihaka Whaanga Whanau Trust - Town Section 90 Mahia & Town Section 91 Mahia

[2012] 2012 Maori Appellate Court MB 538 (2012 APPEAL 538)

17 October 2012

The Appellate Court dismissed the appeal after the appellant failed to comply with the Court's directions to deposit security for costs.

Download Whaanga v Ihaka Whaanga Whanau Trust - Town Section 90 Mahia & Town Section 91 Mahia (60 KB PDF) here. read more

Costs – costs reasonably incurred as starting point – Henare

Henare v Māori Trustee – Parengarenga 3G

[2012] 2012 Māori Appellate Court MB 540 (2012 APPEAL 540)

26 October 2012

The Appellate Court found the appellant was entitled to a reasonable contribution towards the costs they had reasonably incurred.

Download Henare v Māori Trustee – Parengarenga 3G (215 KB PDF) here. read more

Rehearing – application submitted outside 28 day period – Te Purei

Te Purei - Rahui A12D

Māori Land Court (2012) 25 Tairawhiti MB 272 (25 TRW 272)

19 October 2012

Application for a rehearing of orders made. Application dismissed as it was submitted outside of the 28 day period when it could reasonably have been filed sooner.

Download Te Purei - Rahui A12D (122 KB PDF) here. read more

Status of land – status as Māori freehold land not a hindrance to securing finance – Johnson

Johnson - Wairau North 8A

Māori Land Court (2012) 48 Taitokerau MB 217 (48 TTK 217)

2 October 2012

Application to change status from Māori freehold land to General land dismissed. Applicants did not provide evidence to show that status as Māori freehold land was a hindrance to securing finance and there was no proposal for the use of the land that was hindered by its current status.

Download Johnson - Wairau North 8A (2012) 48 Taitokerau MB 217 (68 KB PDF) here. read more

Succession by whāngai

Edgecombe - Succession to Taiāwhio Waaka also known as Kelly Waaka

Māori Land Court (2012) 19 Takitimu MB 165 (19 TKT 165)

16 October 2012

The applicants were found to be whāngai children to the deceased. The first applicant was not entitled to succeed to the deceased's Māori land interests. The second applicant was entitled to succeed to a life interest in those lands.

Download Edgecombe - Succession to Taiāwhio Waaka also known as Kelly Waaka (2012) 19 Takitimu MB 165 here (260KB PDF). read more

Interim injunction to prevent trespass on Māori freehold land

Te Rangi - Mahanga 1C1E

Māori Land Court (2012) 25 Tairawhiti MB 268 (25 TRW 268)

18 October 2012

The Court granted an ex-parte application for an interim injunction to prevent use of the Mahanga marae at Māhia without the permission of the trustees. A hearing was scheduled for late November 2012 for the Court to determine whether to extend or dismiss the injunction.

Download Te Rangi - Mahanga 1C1E (2012) 25 Tairawhiti MB 268 here (108KB PDF) read more

Disposing of Māori freehold land by will to children adopted out of the whānau

Estate of Ross Glencairn Hovell

Māori Land Court (2012) 25 Tairawhiti MB 258 (25 TRW 258)

5 October 2012

A child legally adopted out of the whānau remains a person who may be left an interest in Māori freehold land within the meaning of s 108 Te Ture Whenua Māori Act 1993.

Download Estate of Ross Glencairn Hovell (2012) 25 Tairawhiti MB 258 here (85KB PDF). read more

Māori reservation – whare wānanga for kaupapa waka – Busby

Busby - Okokori B

Māori Land Court (2012) 50 Taitokerau MB 9 (50 TTK 9)

26 October 2012

Objections to an application to set aside land as a Māori reservation for a whare wānanga were dismissed. The rationale for the reservation was of "unquestionable merit" and would not affect the mana of Ngāti Tara. Application adjourned to allow for the applicant to provide more information about the proposed beneficiary, the Hekenukumai Trust.

Download Busby - Okokori B here (119 KB PDF). read more

Te Taou application for an urgent inquiry into settlements declined

Memorandum-directions of the Presiding Officer declining an application for an urgent inquiry by Lou Paul, on behalf of Te Taou and others

Waitangi Tribunal (Wai 756, #2.112)

5 October 2012

The Tribunal’s Deputy Chairperson declined an application for an urgent hearing of a claim that sought to challenge the Crown’s approach to settlement negotiations in Kaipara and Tāmaki Makaurau.

Download Wai 756, #2.112 Memorandum-directions here (444 KB PDF). read more

Crown offer to settle the historical claims of Ngāi Tūhoe

Overview

On 11 September 2012, Te Kotahi ā Tūhoe, the Ngāi Tūhoe negotiations team, accepted the Crown offer to settle the historical claims of Tūhoe.  The Crown offer includes financial, commercial and cultural redress valued at approximately $170 million; an historical account and Crown apology; the co-governance of Te Urewera lands, which will be vested in a new legal identity created by legislation; and mana motuhake in relation to the delivery of government and iwi services to Tūhoe communities. read more

Book review – ‘Always Speaking’: The Treaty of Waitangi and Public Policy

Overview

‘Always Speaking’: The Treaty of Waitangi and Public Policy

Veronica MH Tawhai and Katarina Gray-Sharp (eds)

Huia Publishers, Wellington, 2011 (344 pages)

Reviewed by Dr Matthew S R Palmer, Barrister, Thorndon Chambers, Wellington read more