May 2013 – Contents

Editorial

Māori land, unlocking the potential – Judge Craig Coxhead

Canada

A step forward for indigenous rights jurisprudence and an opportunity for New Zealand - Manitoba Métis Federation (Inc) v Attorney-General (Canada) [2013] SCC 14

Māori Appellate Court

Reference to extrinsic material to resolve ambiguity in definition of beneficiaries of whenua topu trust - Pirika v Eru (2013) 2013 Māori Appellate Court MB 127

Alienation - gifted interests were not held on trust - Morrison v Trustees of the Trevor and Dina Maxwell Whānau Trust – Arataua A [2013] 2013 Māori Appellate Court MB 189

Costs - award made against Ngāti Hine - Te Rūnanga o Ngāti Hine v Te Rūnanga ā Iwi o Ngāpuhi (2013) Māori Appellate Court MB 173

Māori Land Court

Injunction – order sought did not align with injunction provisions of Te Ture Whenua Māori Act 1993 – Albert - Lake Waikaremoana (2013) 74 Waiariki MB 276

Representation – declined - claim concerned mandate to settle – Wano v Ngati Hineuru Iwi Incorporated (2013) 24 Takitimu MB 56 (24 TKT 56)

Chief Judge’s powers – insufficient evidence to prove errors or incapacity – Smith - Nikora Whānau Trust [2013] Chief Judge's MB 302

Costs awardProprietors of Potikirua Block Incorporation v Te Kani (2013) 2013 Chief Judge’s MB 248

Māori freehold land status not lost by transfers out of Māori ownership - Taukiri – Parish of Karamu Lot 197A (2013) 52 Waikato Maniapoto MB 294

Succession – whakapapa connection to Māori land interest unclear - Fapiano v Tarau (2013) 24 Takitimu MB 46 (24 TKT 46)

Law reform

Review of Te Ture Whenua Māori Act 1993 - Discussion Document reviewed by Tom Bennion

Māori Law Review events

The Treaty and the constitution - a symposium - 12 June 2013

Print Version

Download the Māori Law Review May 2013 (493 KB PDF).


Editorial – Judge Craig Coxhead – Māori land, unlocking the potential

This month's editorial is by Judge Craig Coxhead on unlocking the potential utilisation of Māori land. read more

Manitoba Métis Federation (Inc) v Attorney-General (Canada): A step forward for indigenous rights jurisprudence and an opportunity for New Zealand

Manitoba Métis Federation (Inc) v Attorney-General (Canada)

Supreme Court of Canada [2013] SCC 14

8 March 2013

Max Harris examines the Supreme Court of Canada’s recent decision in Manitoba Métis Federation (Inc) v Attorney-General (Canada) where that Court further developed the doctrine of the honour of the Crown.

Download Manitoba Métis Federation (Inc) v Attorney-General (Canada) here. read more

Reference to extrinsic material to resolve ambiguity in definition of beneficiaries of whenua topu trust – Pirika v Eru

Pirika v Eru - Te Ngae Farm Trust

(2013) 2013 Māori Appellate Court MB 127

28 March 2013

The Maori Appellate Court construed the trust instrument for a whenua topu trust in light of relevant extrinsic material to resolve an ambiguity in the beneficiary clause.

Download Pirika v Eru here (PDF 1.4MB).

read more

Alienation – gifted interests were not held on trust – Morrison

Morrison v Trustees of the Trevor and Dina Maxwell Whānau Trust – Arataua A

[2013] 2013 Māori Appellate Court MB 189 (2013 APPEAL 189)

30 May 2013

The appellants sought a finding that interests previously gifted to their sister were gifted only for her lifetime and were to be held on trust for the benefit of the whole whānau. Appeal dismissed as there was nothing to indicate the interests were gifted only for her lifetime and there was no evidence to support the imposition of a remedial constructive trust.

Download Morrison v Trustees of the Trevor and Dina Maxwell Whānau Trust – Arataua A here (188KB PDF).
read more

Costs – award made against Ngāti Hine – Te Rūnanga o Ngāti Hine v Te Rūnanga ā Iwi o Ngāpuhi

Te Rūnanga o Ngāti Hine v Te Rūnanga ā Iwi o Ngāpuhi

Māori Appellate Court (2013) Māori Appellate Court MB 173 (2013 APPEAL 173)

20 May 2013

Decision on costs following an unsuccessful proceeding about an attempt by Te Rūnanga o Ngāti Hine to withdraw from a mandated iwi organisation Te Rūnanga ā Iwi o Ngāpuhi. The applicants sought an award for costs in excess of what is available pursuant to the High Court Rules 2B scale. The Court made an award for costs but did not consider that the circumstances justified an award in excess of that available under the High Court scale.

Download Te Rūnganga o Ngāti Hine v Te Rūnanga ā Iwi o Ngāpuhi here.

read more

Injunction – order sought did not align with injunction provisions of Te Ture Whenua Māori Act 1993 – Albert

Albert - Lake Waikaremoana

Māori Land Court (2013) 74 Waiariki MB 276 (74 WAR 276)

7 May 2013

Application to delay voting dismissed. The order sought fell outside the provisions of Te Ture Whenua Māori Act 1993.

Download Albert - Lake Waikaremoana here (104 KB PDF). read more

Chief Judge’s powers – insufficient evidence to prove errors or incapacity – Smith

Smith - Nikora Whānau Trust

Māori Land Court [2013] Chief Judge's MB 302 (2013 CJ 302)

15 May 2013

Application seeking amendment of a Court order constituting the Nikora Whānau Trust dismissed. The applicant did not provide sufficient evidence to demonstrate that her mother did not understand what she was doing when she created the trust. The applicant could have her shares included in the trust at a later date.

Download Smith - Nikora Whānau Trust here  (872 KB PDF). read more

Representation – declined – claim concerned mandate to settle – Wano

Wano v Ngati Hineuru Iwi Incorporated

Māori Land Court (2013) 24 Takitimu MB 56 (24 TKT 56)

31 May 2013

Mr Wano filed an application under s 30 of the Act for determination of appropriate representatives of a group. The application was dismissed as Mr Wano’s claim concerned Ngāti Hineuru Iwi Incorporated Society’s mandate to negotiate a settlement of claims with the Crown and, further, there was no useful purpose in issuing representation orders as the Crown did not agree to be bound.

Download Wano v Ngati Hineuru Iwi Incorporated (206 KB PDF) here. read more

Māori freehold land status not lost by transfers out of Māori ownership prior to Te Ture Whenua Māori Act 1993

Taukiri – Parish of Karamu Lot 197A

(2013) 52 Waikato Maniapoto MB 294 (52 WMN 294)

1 March 2013

Wi Pere Mita reports on a recent case confirming that land remained Māori freehold land despite a majority shareholding in the block acquired by non-Māori owners prior to Te Ture Whenua Māori Act 1993.

Download Taukiri – Parish of Karamu Lot 197A here (1.1 MB PDF). read more

Costs award – Proprietors of Potikirua Block Incorporation v Te Kani

Proprietors of Potikirua Block Incorporation v Te Kani – Lot 1 Deposited Plan 8212 (formerly part of Potikirua Incorporation)

Māori Land Court (2013) 2013 Chief Judge’s MB 248 (2013 CJ 248)

14 May 2013

Costs award.

Download Proprietors of Potikirua Block Incorporation v Te Kani – Lot 1 Deposited Plan 8212 (formerly part of Potikirua Incorporation) here (469 KB PDF).

read more

Succession – whakapapa connection to Māori land interest unclear – Fapiano

Fapiano v Tarau

Māori Land Court (2013) 24 Takitimu MB 46 (24 TKT 46)

31 May 2013

Ms Fapiano was named the sole beneficiary of Mrs Mihaere’s Māori land interests. Mrs Mihaere’s son challenged the will. The Court held that Ms Fapiano could only succeed to those interests to which she could demonstrate a clear whakapapa connection. Mr Tarau was entitled to succeed to Mrs Mihaere’s remaining interests.

Download Fapiano v Tarau (198 KB PDF) here. read more

Review of Te Ture Whenua Māori Act 1993 – Discussion Document

Tom Bennion examines the discussion document issued recently by the independent panel of experts reviewing Te Ture Whenua Māori Act 1993. Te Puni Kōkiri has asked for submissions on this document by 17 May 2013.

Download the Discussion Document here (1.2MB PDF). read more