November 2012 Whiringa-ā-rangi – Contents

Editorial

Legislation to restore character, mana, and reputation - Mokomoko (Restoration of Character, Mana, and Reputation) Bill

Māori Appellate Court

Appeals - leave to appeal out of time granted after reasonable explanation provided - Muraahi v Phillips – Rangitoto Tuhua 551B and 55B1A2 (Manu Ariki Marae) [2012] 2012 Maori Appellate Court MB 568

Māori Land Court

Sale of shares – trustee not prevented from purchasing shares - Solomon v Smith - Te Awapatiki No 2A1 and other Blocks [2012] Māori Appellate MB 563

Occupation orders - orders to trust land cannot be granted without consent of trustee - Goldsmith - Marangairoa C12 (2012) 27 Waiariki MB 40

Partition - order not granted where parties could not agree to scheme plans - Matchitt - Te Kaha 65 (2012) 65 Waiariki MB 120

Partition, occupation orders, charging ordersKingi Collier - Torere 50B2 (2012) 66 Waiariki MB 196

Trusts: 

Dispute about trust beneficiaries - Easthope v Pirika - Te Ngae Farm Trust (2012) 62 Waiariki MB 92

Appointment of trustees - objections to appointment lacked substance –McLaughlin - Wharekahika C7 & C11 (2012) 26 Tairāwhiti MB 128

Appointment of trustees and terms of trust – Procter - Horowhenua 11 (2012) 293 Aotea MB 165

Removal of trustees - warning that breach of trust sufficiently serious to warrant removal – Pue v Kīngi - Te Rūnanga o Ngāti Maru (Taranaki) Whenua Tōpu Trust (2012) 291 Aotea MB 257

Review - failure to keep proper accounts - Swanson v Wairua - Maungaroa No 1 Section 2B Ahuwhenua Trust (2012) 66 Waiariki MB 26

Māori Incorporations:

No error in election – Watson - Torere Section 64 Incorporation (2012) 66 Waiāriki MB 54

Member of the Committee of Management suspended – Stubbs v Wall - The Proprietors of Opawa Rangitoto 2C (2012) 291 Aotea MB 231

Waitangi Tribunal

Matua Rautia: the report on the Kōhanga Reo claim

Te Urewera, Part III: From self-governing native reserve to national park

Māori Land

Housing development on Māori land – Two case studies in developing and retaining Māori land

Comment - Papakainga housing at Mangatawa

Print Version

Download the Māori Law Review November 2012 (456 KB PDF).


Legislation to restore character, mana, and reputation

Mokomoko (Restoration of Character, Mana, and Reputation) Bill

This Bill gives effect to an agreement between the Crown and the descendants of the Mokomoko for the Crown to obtain both statutory recognition to the free pardon granted to Mokomoko in 1992 and a declaration that the character, mana and reputation of Mokomoko and his uri (descendants) are restored.

Download the Mokomoko (Restoration of Character, Mana, and Reputation) Bill here (187 KB PDF). read more

Appeals – leave to appeal out of time granted after reasonable explanation provided – Muraahi

Muraahi v Phillips – Rangitoto Tuhua 551B and 55B1A2 (Manu Ariki Marae)

[2012] 2012 Maori Appellate Court MB 568 (2012 APPEAL 568)

23 November 2012

Leave to appeal out of time granted. The Court considered the appellants had provided a reasonable explanation for the delay. The respondents would not be prejudiced.

Download Muraahi v Phillips – Rangitoto Tuhua 551B and 55B1A2 (Manu Ariki Marae) (694 KB PDF) here. read more

Sale of shares – trustee not prevented from purchasing shares – Solomon v Smith

Solomon v Smith - Te Awapatiki No 2A1 and other Blocks

Māori Appellate Court [2012] Māori Appellate MB 563 (2012 APPEAL 563)

14 November 2012

Unsuccessful appeal against a decision of the Māori Land Court vesting the interests of Eric Solomon and his four siblings in purchaser Maui Solomon. The Appellant had made no attempt to purchase the shares himself. The purchase was not in breach of Trust.

Download Solomon v Smith - Te Awapatiki No 2A1 and other Blocks here (1139 KB PDF). read more

Occupation orders – orders to trust land cannot be granted without consent of trustee – Goldsmith

Goldsmith - Marangairoa C12

Māori Land Court (2012) 27 Waiariki MB 40 (27 WAR 40)

23 November 2012

Application for an occupation order over land administered as an ahu whenua trust. The consent of the Māori Trustee, as the responsible trustee, had previously been given but was later withdrawn. The Court could not grant the application without the consent of the Māori Trustee. Application dismissed.

Download Goldsmith - Marangairoa C12 (1079 KB PDF) here. read more

Partition – order not granted where parties could not agree to scheme plans – Matchitt

Matchitt - Te Kaha 65

Māori Land Court (2012) 65 Waiariki MB 120 (65 WAR 120)

6 November 2012

Application for hapū partition. All owners supported the idea of partitioning the land but there was a dispute over how to divide the land equitably. The Court dismissed the application, stating that the partition order should not be granted until the parties reach an agreement over how to divide the block.

Download Matchitt - Te Kaha 65 (130 KB PDF) here. read more

Partition, occupation orders, charging orders – Kingi Collier

Kingi Collier - Torere 50B2

Māori Land Court (2012) 66 Waiariki MB 196 (66 WAR 196)

22 November 2012

Applications for a partition order, an occupation order and a charging order. The partition order was conditionally granted in 1987 but the application was dismissed by the Court due to the unreasonable delay in meeting the conditions. The charging order was also dismissed. The application for an occupation order was granted, conditional on the applicant completing a site plan and obtaining written consents from 70% of the owners.

Download Kingi Collier - Torere 50B2 (4703 KB PDF) here. read more

Dispute about trust beneficiaries – Easthope v Pirika – Te Ngae Farm Trust

Easthope v Pirika - Te Ngae Farm Trust

(2012) 62 Waiariki MB 92 (62 WAR 92)

8 October 2012

The correct interpretation of the beneficiary clause of the trust order for the Te Ngae Farm Trust defined the beneficiaries of the trust narrowly as members of the hapū of Ngāti Rangiteaorere rather than more broadly to include all descendants of the tupuna (ancestor) Rangiteaorere.

Download Easthope v Pirika - Te Ngae Farm Trust here (261 KB PDF). read more

Trusts – removal of trustees – warning that breach of trust sufficiently serious to warrant removal – Pue v Kīngi

Pue v Kīngi - Te Rūnanga o Ngāti Maru (Taranaki) Whenua Tōpu Trust

Māori Land Court (2012) 291 Aotea MB 257 (291 AOT 257)

31 October 2012

Breaches of trust order were sufficiently serious to warrant removal of six trustees. Four had already resigned and the remaining two were invited to do the same. Five interim replacement trustees were appointed, subject to consent.

Download Pue v Kīngi - Te Rūnanga o Ngāti Maru (Taranaki) Whenua Tōpu Trust  here (238 KB PDF). read more

Trusts – appointment of trustees and terms of trust – Procter (Proctor)

Procter - Horowhenua 11

Māori Land Court (2012) 293 Aotea MB 165 (193 AOT 165)

26 November 2012

Successful application for the appointment of 11 individuals as responsible trustees of the Lake Horowhenua Trust. Terms of trust were issued to address concerns about potential conflicts of interest.

Download Procter - Horowhenua 11 here (164 KB PDF). read more

Appointment of trustees – objections to appointment lacked substance – McLaughlin

McLaughlin - Wharekahika C7 & C11

Māori Land Court (2012) 26 Tairāwhiti MB 128 (26 TRW 128)

30 October 2012

Successful application for appointment of replacement trustees. Objection to the nominees' appointment was based on grounds that lacked substance and did not affect the suitability of the nominees.

Download McLaughlin - Wharekahika C7 & C11 here (101 KB PDF). read more

Trusts – review – failure to keep proper accounts – Swanson

Swanson v Wairua - Maungaroa No 1 Section 2B Ahuwhenua Trust

Māori Land Court (2012) 66 Waiariki MB 26 (66 WAR 26)

12 November 2012

Application for a review of trust. Trustees found to have failed to carry out their duties as there was a general lack of accounting information about the income and expenditure of the trust.

Download Swanson v Wairua - Maungaroa No 1 Section 2B Ahuwhenua Trust (2643 KB PDF) here. read more

Incorporation – no error in election – Watson

Watson - Torere Section 64 Incorporation

Māori Land Court (2012) 66 Waiāriki MB 54 (66 WAR 54)

19 November 2012

The election of the successful candidate in an election for a member of the Committee of Management was confirmed.

Download Watson - Torere Section 64 Incorporation here (68 KB PDF). read more

Matua Rautia: the report on the Kōhanga Reo claim

Matua Rautia: the Report on the Kōhanga Reo Claim

Waitangi Tribunal (Wai 2336, 2012)

The Waitangi Tribunal has released its report Matua Rautia: the report on the Kōhanga Reo claim. The report deals with a number of issues about the state of te reo Māori in kōhanga reo (Māori language preschools) and the Crown’s obligations to support the kōhanga reo movement and language revitalisation.

Download Matua Rautia: the report on the Kōhanga Reo claim here (4.45 MB PDF). read more

Incorporation – member of the Committee of Management suspended – Stubbs v Wall

Stubbs v Wall - The Proprietors of Opawa Rangitoto 2C

Māori Land Court (2012) 291 Aotea MB 231 (291 AOT 231)

5 November 2012

The respondent was suspended as a member of the Committee of Management of the Proprietors of Opawa Rangitoto 2C Incorporation for failing to comply with an Order for discovery.

Download Stubbs v Wall - The Proprietors of Opawa Rangitoto 2C here (135 KB PDF). read more

Te Urewera, Part III: From self-governing native reserve to national park

Te Urewera (pre-publication edition), Part III: From self-governing native reserve to national park

Waitangi Tribunal (Wai 894, 2012)

Part III of the Tribunal's report on its district inquiry into Te Urewera has been released in a pre-publication edition.

This part of the Tribunal's report tells the story of the transformation of land that came to form Te Urewera national part from self-governing native reserve to national park. The Tribunal found it was a story containing many broken promises. These ranged from failures to respect autonomy and tribal-level dealings in land through to failures to construct roading infrastructure. The governance and management of the national park was exclusionary of tribal interests. The issues relating to the national park sit at the heart of the claims of the peoples of Te Urewera and the Crown admitted in this inquiry that it obtained most of the park lands in breach of the Treaty.  The Tribunal is of the view that this needs to be more widely known if grievances are to be properly acknowledged and resolved and therefore hopes that this report “lays to rest the myth that the Crown acquired the park lands in fair and clean transactions.”

Carwyn Jones and Te Rangimārie Williams have prepared the following summary of this part of the Tribunal's report.

Download Te Urewera (pre-publication edition), Part III here. read more

Housing development on Māori land – Two case studies in developing and retaining Māori land

Biddy Livesey has examined two papakāinga development projects on Māori land, a topic which has gained recent attention from both the Office of the Auditor-General and the Productivity Commission as part of an effort to increase access to affordable housing and address barriers to development of Māori land. These projects provide an insight into landowners’ decision-making in the context of tension between the development and retention of Māori land. read more

Papakainga housing at Mangatawa

This comment is an invited response to the article by Biddy Livesey, Housing development on Māori land – Two case studies in developing and retaining Māori land. read more