December 2013 Hakihea – Contents

Māori Appellate Court - Te Kōti Pīra Māori

2013 Māori Appellate Court judgments - index

Māori Land Court - Te Kōti Whenua Māori

2013 Māori Land Court judgments - index

Practice Note - November 2013 - citation of Māori Land Court and Māori Appellate Court decisions

Chief Judge's powers – succession to Tītī Islands confined to blood descendants – Coote - Titi Islands [2013] Chief Judge's MB 1018

Vesting land in hapū - Manuirirangi v Parininihi ki Waitotara Incorporation - Waiokura Te Kauae blocks (2013) 311 Aotea MB 104

Status of land - no change to General land simply so land can be soldManunui v Church - Lot 37-49 DP 34051 (2013) 313 Aotea MB 260

Trusts - appointment of trustees – no appointment where relationship may cause biasBrown v Brownlie - Pipituangi A Ahu Whenua Trust (2013) 36 Tairāwhiti MB 78

Trusts - interim decision - trustee entitled to remain until replacements appointed - Puriri – Okaihau No3C No2 (2013) 28 Takitimu MB 129

Legislation

Treaty settlement legislation before the House of Representatives in 2013

Book review

Māmari Stephens reviews Lords of the Land – indigenous property rights and jurisprudence of empire

Professor David V Williams reviews The Native Land Court: A Historical Study, Cases and Commentary, 1862-1887

Māori Law Review news

Editorial - Remarks at the celebration of the Māori Law Review’s 20 year anniversaryMāmari Stephens

Print version

Download the Māori Law Review December 2013 (589 KB PDF).


2013 Māori Appellate Court judgments – index

This table lists the 2013 judgments of the Māori Appellate Court and contains links to reports about the decisions. read more

2013 Māori Land Court judgments – index

This table lists the 2013 judgments of the Māori Land Court and contains links to reports about the decisions. read more

Practice Note – November 2013 – citation of Māori Land Court and Māori Appellate Court decisions

The Māori Land Court bench has issued a new Practice Note about the citation of Māori Land Court and Māori Appellate Court decisions.

Download the 2013 Practice Note regarding the Citation of Māori Land Court and Māori Appellate Court decisions here (276 KB PDF). read more

Chief Judge’s powers – succession to Tītī Islands confined to blood descendants – Coote

Coote - Titi Islands

Māori Land Court [2013] Chief Judge's MB 1018 (2013 CJ 1018)

6 December 2013

Orders vesting interests in Tītī islands in legally adopted children cancelled. Succession to the islands is determined not by the general law of intestacy but in accordance with Māori custom. Rakiura custom holds that only those related by blood may succeed.

Download Coote - Titi Islands here (242 KB PDF). read more

Vesting land in hapū – Manuirirangi v Parininihi ki Waitotara Incorporation – Waiokura Te Kauae blocks

Manuirirangi v Parininihi ki Waitotara Incorporation - Waiokura Te Kauae blocks

Māori Land Court (2013) 311 Aotea MB 104 (311 AOT 104)

29 November 2013

Application dismissed to compel respondent Incorporation to alienate land so it could be vested in hapū title.

Download Manuirirangi v Parininihi ki Waitotara Incorporation - Waiokura Te Kauae blocks (2013) 311 Aotea MB 104 (311 AOT 104) here (88 KB PDF). read more

Status of land – no change to General land simply so land can be sold – Manunui v Church

Manunui v Church - Lot 37-49 DP 34051

Māori Land Court (2013) 313 Aotea MB 260

20 December 2013

The Māori Land Court dismissed an application for the status of land to be changed from Māori freehold land to General land on the basis that it would be inconsistent with the principles of Te Ture Whenua Māori Act 1993 to change the status so that the land could be sold.

Download Manunui v Church - Lot 37-49 DP 34051 (2013) 313 Aotea MB 260(138 KB PDF) here. read more

Appointment of trustees – no appointment where relationship may cause bias – Brown v Brownlie

Brown v Brownlie - Pipituangi A Ahu Whenua Trust

Māori Land Court (2013) 36 Tairāwhiti MB 78 (36 TRW 78)

23 December 2013

Application to appoint two people as additional trustees dismissed. The nominees would not be able to administer the trust in an unbiased and non-partisan manner due to their family relationships with the incumbent trustees.

Download Brown v Brownlie - Pipituangi A Ahu Whenua Trust here  (84 KB PDF). read more

Trusts – interim decision – trustee entitled to remain until replacements appointed – Puriri

Puriri – Okaihau No3C No2

Māori Land Court (2013) 28 Takitimu MB 129 (28 TKT 129)

20 December 2013

Interim decision following an application for directions from the Court. Sole responsible trustee entitled to remain until the appointment of replacement trustees or until further order of the Court.

Download Puriri – Okaihau No3C No2 (169 KB PDF) here. read more

Treaty settlement legislation before the House of Representatives in 2013

This year has again seen a considerable amount of activity relating to Treaty settlements and a significant amount of settlement legislation has been before the House of Representatives.  Only two pieces of legislation were enacted this year, but eight settlement bills were introduced, and a number of those bills are major pieces of legislation. read more

Book Review – Lords of the Land – indigenous property rights and jurisprudence of empire

Overview

Lords of the Land – indigenous property rights and the jurisprudence of empire

Mark Hickford

Oxford University Press 2011 (523 pages, ISBN: 9780199568659, eISBN: 9780191731273)

Reviewed by Māmari Stephens, senior lecturer, Faculty of Law, Victoria University of Wellington. read more

Book Review – The Native Land Court: A Historical Study, Cases and Commentary, 1862-1887

Overview

The Native Land Court: A Historical Study, Cases and Commentary, 1862-1887

Richard Boast

Thomson Reuters, Wellington, 2013 (xiii + 1407 pages, ISBN 978-0-86472-765-7).

Reviewed by Professor David V Williams, Faculty of Law, University of Auckland read more

Editorial – Remarks at the celebration of the Māori Law Review’s 20 year anniversary

Māmari Stephens, senior lecturer in law at Victoria University of Wellington and consultant editor to the Māori Law Review, spoke at the function held on 28 November 2013 to celebrate 20 years of publication for the Māori Law Review. read more

November 2013 Whiringa-ā-rangi – Contents

High Court

Assessing the relative strength of customary interests - Ngati Rahiri Hapu o Te Atiawa (Taranaki) Society Inc v New Zealand Historic Places Trust [2013] NZHC 2746

Māori Appellate Court

Injunction – trustees are entitled to control who occupies trust lands - Nicholls v Nicholls – WT Nicholls Trust [2013] Māori Appellate Court MB 598

Alienation - illegality of registration does not affect indefeasible title - Muraahi v Phillips Rangitoto Tuhua 55B1B and 55B1A2 (Manu Ariki Marae) [2013] 2013 Māori Appellate Court 528; [2013] 2013 Māori Appellate Court 561

Māori Land Court

Chief Judge’s powers – erroneous vesting of life interest – Heke v Heke - Estate of James Heke [2013] Chief Judge's MB 996

Appeal – leave to appeal preliminary decision declined – Ruapuha Uekaha Hapu Trust - Hauturu East 8 (2013) 67 Waikato Maniapoto MB 100 (67 WMN 100)

Alienation – sale of undivided interests outside of the preferred class of alienees prohibited - Loach v Bidois - Matarikoriko No 7B2A (2013) 312 Aotea MB 195

Partition - application dismissed following flawed consultation process - Pure - Ahipara 1B2B (2013) 69 Taitokerau MB 109

Partition - insufficient support and unnecessary - Arama - Whatitiri 13B2B2 (2013) 16 Taitokerau MB 158

Occupation orders – order made where majority owner found to be acting oppressively - Bhana v Paniora - Wairau North 1B2C (2013) 69 Taitokerau MB 139

Equitable ownership of a dwelling - Herewini - Maungaroa 1 Sec 23K (Keterau) (2013) 85 Waiariki MB 141

Status of land:

Status of land – change to Māori freehold land not fatal to Council’s ability to collect arrears - Deputy Registrar v Ruapehu District Council (2013) 312 Aotea MB 137

Status of land - change to Māori freehold land not fatal to Council’s ability to collect arrears  - Deputy Registrar v Ruapehu District Council - Ohura South A3B1A (2013) 312 Aotea MB 144

Status of land - change to Māori freehold land not fatal to Council's ability to collect arrears - Deputy Registrar v Ruapehu District Council (2013) 312 Aotea MB 148

Trusts:

Appointment of trustees – appointment to Trust Board an internal matter – Turangawaewae Trust Board v Takerei - Section 166 Suburb of Newcastle North (2013) 67 Waikato-Maniapoto MB 113

Appointment of trustees, election processes – Deputy Registrar v Rakiura Māori Lands Trust - Rakiura Māori Lands Trust (2013) 21 Te Waipounamu MB 35

Maori reservations:

Māori reservations – leases - Ngā Hau e Whā National Marae Charitable Trust – Ngā Hau e Wha Marae (2013) 20 Te Waipounamu MB 152 (20 TWP 152)

Waitangi Tribunal

Te Urewera (Part IV)

Housing on Māori land

Housing - Kainga Whenua Loan and Kainga Whenua Infrastructure Grants criteria to change

Māori Law Review news

Student editor 2014 - Kohe Ruwhiu from Victoria University of Wellington will be the Māori Law Review's student editor in 2014

Sir Edward Taihakurei Durie student essay competition 2013 - Laura Hardcastle from Victoria University of Wellington is the competition winner

Legal Research Foundation Conference on Maori Legal Issues - Friday 29 November 2013 Auckland

Print version

Download the Māori Law Review November 2013 (558 KB PDF).


Chief Judge’s powers – erroneous vesting of life interest – Heke v Heke

Heke v Heke - Estate of James Heke

Māori Land Court [2013] Chief Judge's MB 996 (2013 CJ 996)

22 November 2013

Chief Judge's powers used to revoke orders of the Māori Land Court granting a life interest in Adeline Heke over all the lands in question. She was entitled only to a life interest in the house block.

Download Heke v Heke - Estate of James Heke here (205 KB PDF). read more

Injunction – trustees are entitled to control who occupies trust lands – Nicholls

Nicholls v Nicholls – WT Nicholls Trust

[2013] Māori Appellate Court MB 598 (2013 APPEAL 598)

22 November 2013

Appeal dismissed against an injunction restraining George Nicholls (and others) from entering on or occupying certain WT Nicholls Trust lands without the consent of the trustees.

Download Nicholls v Nicholls - WT Nicholls Trust (234 KB PDF) here. read more

Appeal – leave to appeal preliminary decision declined – Ruapuha Uekaha Hapū Trust

Ruapuha Uekaha Hapu Trust - Hauturu East 8

Māori Land Court (2013) 67 Waikato Maniapoto MB 100 (67 WMN 100)

6 November 2013

The Ruapuha Uekaha Hapū Trust applied for leave to appeal a preliminary decision. The application was declined on the basis that, should the final decision be appealed, it would be more useful for the Appellate Court to have all the relevant information before it.

Download Ruapuha Uekaha Hapu Trust - Hauturu East 8 (74 KB PDF) here. read more

Alienation – sale of undivided interests outside of the preferred class of alienees prohibited – Loach v Bidois

Loach v Bidois - Matarikoriko No 7B2A

Māori Land Court (2013) 312 Aotea MB 195 (312 AOT 195)

29 November 2013

Application for confirmation of alienation dismissed. An entire block may be alienated outside of the preferred class once the right of first refusal to members of the preferred class of alienees has been given. But in the case of a proposed sale of undivided interests, the legislation prohibits vesting outside of the owners, their whānau and hapū.

Download Loach v Bidois - Matarikoriko No 7B2A  here (164 KB PDF). read more

Partition – application dismissed following flawed consultation process – Pure

Pure - Ahipara 1B2B

Māori Land Court (2013) 69 Taitokerau MB 109 (69 TTK 109)

28 November 2013

Application for partition. Ms Pure wanted to partition her share of whānau land following a dispute. Application dismissed as there had not been sufficient notice of the application or sufficient opportunity to discuss it. Further, the Court was not certain that there was sufficient support for the proposal and it was not necessary to facilitate the effective operation, development and utilisation of the land.

Download Pure - Ahipara 1B2B (118 KB PDF) here. read more

Assessing the relative strength of customary interests – Ngati Rahiri Hapu o Te Atiawa (Taranaki) Society Inc v New Zealand Historic Places Trust

Ngati Rahiri Hapu o Te Atiawa (Taranaki) Society Inc v New Zealand Historic Places Trust

High Court [2013] NZHC 2746

21 October 2013

In response to a claim that the Historic Places Trust wrongly included another hapū in consent conditions about archaeological works the High Court held that the Historic Places Act 1993 does not require the Trust to assess the relationships of Māori with their ancestral lands so as to determine and accord precedence between claimed interests.

Download Ngati Rahiri Hapu o Te Atiawa (Taranaki) Society Inc v New Zealand Historic Places Trust here (347 KB PDF). read more

Alienation – illegality of registration does not affect indefeasible title – Muraahi

Muraahi v Phillips Rangitoto Tuhua 55B1B and 55B1A2 (Manu Ariki Marae)

Māori Appellate Court [2013] 2013 Māori Appellate Court 528 (2013 APPEAL 528); Māori Appellate Court [2013] 2013 Māori Appellate Court 561 (2013 APPEAL 561)

14 November 2013

The appellants had sought an order that certain lands be vested back in the name of Areka Phillips as they were transferred illegally. The lower Court dismissed the application as such an order would be contrary to the indefeasibility provisions of the Land Transfer Act (LTA) 1952. Decision of the lower Court upheld.

Download Muraahi v Phillips Rangitoto Tuhua 55B1B and 55B1A2 (Manu Ariki Marae) here: majority (266 KB PDF) / separate judgment of Judge Ambler (284 KB PDF). read more

Partition – insufficient support and unnecessary – Arama

Arama - Whatitiri 13B2B2

Māori Land Court (2013) 16 Taitokerau MB 158 (16 TTK 158)

28 November 2013

Application for partition. The applicants wanted to partition their share in the land so it could be leased in conjunction with their other whānau land. Application dismissed as there was insufficient support for the proposal and it was not necessary to facilitate the effective operation, development and utilisation of the land.

Download Arama - Whatitiri 13B2B2 (115 KB PDF) here. read more

Occupation orders – order made where majority owner found to be acting oppressively – Bhana v Paniora

Bhana v Paniora - Wairau North 1B2C

Māori Land Court (2013) 69 Taitokerau MB 139 (69 TTK 139)

1 November 2013

Application for an occupation order. The applicant was a minority owner in the land and the application was opposed by the majority owner. The Court granted the order after finding the majority owner was acting in an oppressive manner.

Download Bhana v Paniora - Wairau North 1B2C (155 KB PDF) here. read more

Housing – Kainga Whenua Loan and Kainga Whenua Infrastructure Grants criteria to change

The Government has agreed to change criteria for the Kainga Whenua Loan and Infrastructure Grants schemes for lending relating to Māori land.

Kainga Whenua Loan and Kainga Whenua Infrastructure Grants criteria to change read more

Equitable ownership of a dwelling – Herewini – Maungaroa 1 Sec 23K (Keterau)

Herewini - Maungaroa 1 Sec 23K (Keterau)

Māori Land Court (2013) 85 Waiariki MB 141 (85 WAR 141)

30 October 2013

A converted dwelling on a block of Māori freehold land was ordered to be the property of the applicants who have occupied and improved it since 1989.

Download Herewini - Maungaroa 1 Sec 23K (Keterau) (2013) 85 Waiariki MB 141 (85 WAR 141) here (77 KB PDF).

read more