January 2013 Kohi-tātea – Contents

Māori Appellate Court

Possession – mortgagee granted possession - orders of the lower Court substituted - Rangitukunoa v Koning – Matapihi 1A3D4C1 [2012] 2012 Maōri Appellate Court MB 690

Jurisdiction – no determination - interlocutory orders or directions are not susceptible to appeal - Davis v Mihaere – Torere Reserves Trust [2012] Māori Appellate Court MB 641

Jurisdiction – Appellate Court has no jurisdiction to hear matters simply referred from a Judge in Chambers - Bowers – Estate of Elizabeth Victoria Rodger Thorpe (Shepherd) [2012] 2012 Māori Appellate Court MB 686

Costs - previous award alteredMuru v Te Aho - Maungatautari 4G Section IV Block (2013) Māori Appellate Court MB 5

Māori Land Court

Chief Judge's power to correct errors - Proprietors of Potikirua Block Incorporated v Te Kani – Lot 1 Deposited Plan 8212 (2013) 2013 Chief Judge’s MB 82

Costs award - Koopu v Trustees of Maraenui A2 Ahu Whenua Trust - Maraenui A2 (2013) 69 Waiariki MB 115

Costs award - Gillies v Chappell – Section 4B2 Rāpaki Māori Reserve 875 (2013) 16 Te Waipounamu MB 205

Stay pending appeal declined; directions issued about trust order - Taueki – Horowhenua (11) Lake (2013) 296 Aotea MB 91

Chief Judge’s power to correct errors - Butler v N F Fraser & Co Limited – Mangawhaiti 3B1 & Takahiwai 3A2 (2013) Chief Judge’s MB 59

Chief Judge's power to correct errors - Murphy – Estate of Lizzie Turner Tau (2013) 2013 Chief Judge’s MB 48 (2013 CJ 48)

Charging order declined – sought for unpaid rates, insufficient evidence - Far North District Council v Maihi – Maungakawakawa 5G (2013) 52 Taitokerau MB 138

Māori reservation approved for a whare wānanga for kaupapa waka - Busby - Okokori B (2013) 52 Taitokerau MB 133


Possession – mortgagee granted possession – orders of the lower Court substituted – Rangitukunoa

Rangitukunoa v Koning – Matapihi 1A3D4C1

[2012] 2012 Maōri Appellate Court MB 690 (2012 APPEAL 690)

24 December 2012

Appeal against a decision of the lower Court ordering Mr Smith to vacate Matapihi 1A3D4C1 and granting possession of the land to the estate of Edward Reweti. The orders of the lower Court were substituted with orders made under different parts of the Act as the Court did not have the jurisdiction to make the original orders.

Download Rangitukunoa v Koning – Matapihi 1A3D4C1 (1765 KB PDF) here. read more

Jurisdiction – no determination – interlocutory orders or directions are not susceptible to appeal – Davis

Davis v Mihaere – Torere Reserves Trust

[2012] Māori Appellate Court MB 641 (2012 APPEAL 641)

7 December 2012

The appellants applied for leave out of time to appeal a provisional or preliminary determination of Deputy Chief Judge Fox. In dismissing the application the Appellate Court noted that a provisional or preliminary determination only occurs where the Court has made an explicit determination of fact or law for the purpose of making orders to dispose the substantive proceeding.

Download Davis v Mihaere – Torere Reserves Trust (1.25 MB PDF) here. read more

Jurisdiction – Appellate Court has no jurisdiction to hear matters simply referred from a Judge in Chambers – Bowers

Bowers – Estate of Elizabeth Victoria Rodger Thorpe (Shepherd)

[2012] 2012 Māori Appellate Court MB 686 (2012 APPEAL 686)

20 December 2012

An application for succession was referred to the Māori Appellate Court by way of case stated. The Appellate Court considered it had no jurisdiction to hear the application as the matter was referred to it by a Judge in Chambers and not by “the Māori Land Court” as required by s 60(1) of the Act.

Download Bowers – Estate of Elizabeth Victoria Rodger Thorpe (Shepherd) (83 KB PDF) here. read more

Costs – previous award altered – Muru v Te Aho

Muru v Te Aho - Maungatautari 4G Section IV Block

Māori Appellate Court (2013) Māori Appellate Court MB 5 (2013 APPEAL 5)

30 January 2013

An appeal against an award of costs was allowed in part. The Court varied the original award from 75% of costs incurred to 60%, after finding that the lower Court was wrong to award costs at a level higher than was sought without explanation.

Download Muru v Te Aho - Maungatautari 4G Section IV Block here (101 KB PDF). read more

Chief Judge’s power to correct errors – application to cancel Memorandum of Transfer declined

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Costs award – Koopu

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Costs award – Gillies

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Stay pending appeal declined; directions issued about trust order

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Chief Judge’s power to correct errors – Butler

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Chief Judge’s power to correct errors – Murphy

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Charging order declined – sought for unpaid rates, insufficient evidence

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Māori reservation approved for a whare wānanga for kaupapa waka – Busby

Busby - Okokori B

Māori Land Court (2013) 52 Taitokerau MB 133 (52 TTK 133)

17 January 2013

This was the second reserved judgment of Judge Ambler concerning Hekenukumai (Hec) Busby's application for the setting aside of land for a Māori reservation for a whare wānanga for kaupapa waka. Judge Ambler was satisfied that the trust deed of the Hekenukumai Ngā Iwi Trust, the proposed beneficiary, aligned with the purposes of the reservation. Application granted.

Download Busby - Okokori B here (70 KB PDF).

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