December 2012 Hakihea – Contents

Supreme Court

Supreme Court rules on body burial clash - Takamore v Clarke [2012] NZSC 116

High Court

High Court rejects Māori Council water rights case - New Zealand Māori Council v Attorney-General [2012] NZHC 3338

Māori Appellate Court

2012 Māori Appellate Court judgments - index

Māori Land Court

2012 Māori Land Court judgments - index

Injunction – no serious question to be tried – Orbell v Rowallan Block XIII Section 1 and 5 Ahu Whenua Trusts - Rowallan Block XIII Section 1 and 5 Ahu Whenua Trusts (2012) 16 Te Waipounamu MB 53

Status of land - no jurisdiction for Māori Land Court to declare status of foreshore and seabed - Pue - Te Ika a Maui (2012) 295 Aotea MB 13

Status of land - no change to General land solely for purpose of sale - Taura - Ngapakihi 2D3A1A (2012) 294 Aotea MB 106

Trusts:

Review - Whanganui District Council – Kai Iwi 5G3A1, 5G3A2, 5G3B, 5G3C, 5H1 & 5H2 (2012) 295 Aotea MB 17

Review and variation - insufficient support - Livingstone v The Trustees of Lake Taupō Forest Trust – Lake Taupō Forest Trust (2012) 295 Aotea MB 6

Variation of trust order to enable sale of land – Steedman v Steedman - Owhaoko D6 Section 3 (2012) 20 Tākitimu MB 230

Legislation

Treaty settlement legislation before the House of Representatives in 2012

Book Review

Aboriginal Title: The Modern Jurisprudence of Tribal Land Rights - reviewed by Professor Richard Boast

Print Version

Download the Māori Law Review December 2012 (404 KB PDF).


2012 Māori Appellate Court judgments – index

This table lists the 2012 judgments of the Māori Appellate Court and contains links to reports about the decisions. read more

2012 Māori Land Court judgments – index

This table lists the 2012 judgments of the Māori Land Court and contains links to reports about the decisions. read more

Supreme Court rules on body burial clash – Takamore v Clarke [2012] NZSC 116

On 18 December 2012 the Supreme Court released its decision in Takamore v Clarke.  The case is about who has the right to decide where a body is buried. read more

High Court rejects Māori Council water rights case

New Zealand Māori Council v Attorney-General

[2012] NZHC 3338

11 December 2012

The High Court declined the New Zealand Māori Council’s application for judicial review of decisions relating to the proposed partial privatisation of the State-owned Enterprise Mighty River Power. The Supreme Court will hear the Council’s appeal from that decision at the end of January 2013.

Download New Zealand Māori Council v Attorney-General [2012] NZHC 3338 here (519 KB PDF). read more

Injunction – no serious question to be tried – Orbell v Rowallan Block XIII Section 1 and 5 Ahu Whenua Trusts

Orbell v Rowallan Block XIII Section 1 and 5 Ahu Whenua Trusts - Rowallan Block XIII Section 1 and 5 Ahu Whenua Trusts

Māori Land Court (2012) 16 Te Waipounamu MB 53 (16 TWP 53)

18 December 2012

Application for injunction preventing the distribution of capital dismissed.

Download Orbell v Rowallan Block XIII Section 1 and 5 Ahu Whenua Trusts here (577 KB PDF). read more

Jurisdiction – Māori Land Court cannot declare status of foreshore and seabed – Pue

Pue - Te Ika a Maui, Te Ika a Ngahue (Te Waipounamu), Rakihura and Rekohu

(2012) 295 Aotea MB 13 (295 AOT 13)

21 December 2012

The Māori Land Court does not have jurisdiction to consider applications to declare the status of foreshore and seabed inside and beyond the territorial authority of New Zealand.

Download Pue - Te Ika a Maui (2012) 295 Aotea MB 13 here (266 KB PDF). read more

Status of land – no change to General land solely for purpose of sale – Taura

Taura - Ngapakihi 2D3A1A

Māori Land Court (2012) 294 Aotea MB 106 (294 AOT 106)

11 December 2012

Application to change status from Māori freehold land to General land dismissed. There was insufficient evidence that the land could be managed or utilised more effectively as General land.

Download Taura - Ngapakihi 2D3A1A (2012) 294 Aotea MB 106 (204 KB PDF) here. read more

Trusts – review – Whanganui District Council

Whanganui District Council – Kai Iwi 5G3A1, 5G3A2, 5G3B, 5G3C, 5H1 & 5H2

Māori Land Court (2012) 295 Aotea MB 17 (295 AOT 17)

21 December 2012

Application for a review of trust. It emerged the owners were divided on the issue of whether the Whanganui District Council should continue in the role as responsible trustee. Application adjourned so the Deputy Register could ascertain the level of owner support for a proposal whereby Te Urumingi Whānau Trust trustees would become the responsible trustee for Kai Iwi 5H1, one of the blocks administered by the trust.

Download Whanganui District Council – Kai Iwi 5G3A1, 5G3A2, 5G3B, 5G3C, 5H1 & 5H2 (216 KB PDF) here. read more

Trusts – review and variation – insufficient support – Livingstone

Livingstone v The Trustees of Lake Taupō Forest Trust – Lake Taupō Forest Trust

Māori Land Court (2012) 295 Aotea MB 6 (295 AOT 6)

21 December 2012

Applications for a review and variation of trust. Mr Livingstone sought to vary the current trust order and had received the support of those at a meeting of owners. The Court declined to grant the variations sought, as there had not been a sufficient demonstration of support from the land owners.

Download Livingstone v The Trustees of Lake Taupō Forest Trust – Lake Taupō Forest Trust (237 KB PDF) here. read more

Treaty settlement legislation before the House of Representatives in 2012

2012 has seen legislation to settle historical claims under the Treaty of Waitangi enacted at a faster pace than previously, due in part to two important changes to legislative practice: extended sitting hours and the use of cognate bills. A record number of ten Treaty settlement statutes were enacted in 2012. read more

Book review – Aboriginal Title as contemporary discourse

Overview

Aboriginal Title: The Modern Jurisprudence of Tribal Land Rights

P G McHugh

Oxford University Press, Oxford, 2011 (400 pages)

Reviewed by Professor Richard Boast, Faculty of Law, Victoria University of Wellington read more

Trusts – variation of trust order to enable sale of land – Steedman v Steedman

Steedman v Steedman - Owhaoko D6 Section 3

Māori Land Court (2012) 20 Tākitimu MB 230 (20 TKT 230)

5 December 2012

Application to vary a trust order to enable the sale of corpus lands granted.

Download Steedman v Steedman - Owhaoko D6 Section 3 here (157 KB PDF). read more