June 2013 Pipiri – Contents

Māori Land Court

Jurisdiction – counter-claims have no independent standing – Māori Trustee v Greening – Pirikotahi 9A2, 9B1, 9B2A and 9B2C2 (2013) 60 Taitokerau MB 78 (60 TTK 78)

Occupation orders - Court declined to cancel occupation orders - Hemi - Te Pupuke E1G1A (2013) 60 Taitokerau MB 151

Status of land - Shepherd v Popata – Konoti A No5 South 2B2 (2013) 57 TTK 47

Special aid, retrospective application - Wano v Ngāti Hineuru Iwi Incorporated (2013) 22 TKT 276

Trusts:

Trust obligations, enforcement - Lomax v Apatu – Awarua o Hinemanu Trust (2013) 22 TKT 282

Removal of trustee – Waho-Blayney v Taueki - Ihaia Taueki Trust (2013) 303 Aotea MB 81

Trusts – variation – lower Court erred by basing its decision on evidence received after the hearing had concluded - Tatere - Mangatainoka No 1BC No 2C, Tamaki 2A2A (Balance) [2013] 2013 Māori Appellate Court MB 243

Incorporations:

Special General Meeting requirements met, practical objections irrelevant - Morehu v Committee of Management of the Opawa Rangitoto 2C Incorporation – Opawa Rangitoto 2C Incorporation (2013) 74 WAR 97

Waitangi Tribunal

The Māori Language Act 1987 – a ‘lesser’ right to speak Māori in the Waitangi Tribunal? - Waitangi Tribunal Ruling concerning cross-examination in te reo Māori Wai 898, 7 February 2013

Procedure in the Waitangi Tribunal after Haronga - Carwyn Jones reviews Waitangi Tribunal decisions on applications for urgent inquiries since Haronga v Waitangi Tribunal [2011] NZSC 53

Seafood sector

Māori in the seafood sector (fisheries and aquaculture) – the year in review by Justine Inns

Māori Law Review symposium on the Treaty of Waitangi and the constitution - 12 June 2013

Background to the symposium

Photographs from the symposium

Print version

Download the Māori Law Review June 2013 (588 KB PDF).


Jurisdiction – counter-claims have no independent standing – Māori Trustee v Greening

Māori Trustee v Greening – Pirikotahi 9A2, 9B1, 9B2A and 9B2C2

Māori Land Court (2013) 60 Taitokerau MB 78 (60 TTK 78)

6 June 2013

The issue for determination in this case was whether Mr Greening was able to pursue a counter-claim against the Māori Trustee after the Māori Trustee had withdrawn its original application. The Court considered Mr Greening’s counter-claim was dependent upon the continuation of the Māori Trustee’s application.

Download The Māori Trustee v Greening – Pirikotahi 9A2, 9B1, 9B2A and 9B2C2 (71.4 KB PDF) here. read more

Occupation orders – Court declined to cancel occupation orders – Hemi

Hemi - Te Pupuke E1G1A

Māori Land Court (2013) 60 Taitokerau MB 151 (60 TTK 151)

12 June 2013

Application to cancel occupation orders. The applicants applied to have their occupation orders cancelled and replaced by occupation licences in the hopes that this would decrease their rates liability. The Court declined to cancel the orders.

Download Hemi - Te Pupuke E1G1A (1.18 MB PDF) here. read more

Trusts – removal of trustee – Waho-Blayney v Taueki

Waho-Blayney v Taueki - Ihaia Taueki Trust

Māori Land Court (2013) 303 Aotea MB 81 (303 AOT 81)

14 June 2013

Removal of trustee who was unable and unwilling to work with other trustees and who interfered with the lessees' right to quiet enjoyment.

Download Waho-Blayney v Taueki - Ihaia Taueki Trust here (128 KB PDF). read more

Trusts – variation – lower Court erred by basing its decision on evidence received after the hearing had concluded – Tatere

Tatere - Mangatainoka No 1BC No 2C, Tamaki 2A2A (Balance)

[2013] 2013 Māori Appellate Court MB 243 (2013 APPEAL 243)

14 June 2013

Appeal allowed where the lower Court erred by basing its decision on evidence received after the hearing had concluded.

Download Tatere - Mangatainoka No 1BC No 2C, Tamaki 2A2A (Balance) here (261 KB PDF) read more

Land status determination – Shepherd v Popata – Konoti A No5 South 2B2

Shepherd v Popata – Konoti A No5 South 2B2

Māori Land Court (2013) 57 Taitokerau MB 47 (57 TTK 47)

5 April 2013

Discrepancy between Court and land transfer system records; orders of the Court conclusive after 10 years; determination of land status and declaratory consolidated order in favour of applicants; no lost instrument of alienation so s 25 inapplicable.

Download Shepherd v Popata – Konoti A No5 South 2B2 here (608KB PDF). read more

Enforcement of trust obligations; rights to occupy trust lands – Lomax v Apatu – Awarua o Hinemanu Trust

Lomax v Apatu – Awarua o Hinemanu Trust

Māori Land Court (2013) 22 Tākitimu MB 282 (22 TKT 282)

12 April 2013

Unexplained expenditure and failure to secure income for use of the trust's lands led to the Court removing all but one of the trustees and appointing new responsible and advisory trustees for six months.

Download Lomax v Apatu – Awarua o Hinemanu Trust here (517KB PDF). read more

Special aid, retrospective application – Wano v Ngāti Hineuru Iwi Incorporated

Wano v Ngāti Hineuru Iwi Incorporated

Māori Land Court (2013) 22 Tākitimu MB 276 (22 TKT 276)

12 April 2013

A retrospective grant was ordered from the special aid fund 'by a narrow margin' for a proportion of work to date.

Download Wano v Ngāti Hineuru Iwi Incorporated here (150KB PDF). read more

Special General Meeting requirements met, practical objections irrelevant

Morehu v Committee of Management of the Opawa Rangitoto 2C Incorporation – Opawa Rangitoto 2C Incorporation

Māori Land Court (2013) 74 Waiariki MB 97 (74 WAR 97)

16 April 2013

Directions issued that threshold for an SGM of the Incorporation by requisiton met.

Download Morehu v Committee of Management of the Opawa Rangitoto 2C Incorporation – Opawa Rangitoto 2C Incorporation here (219KB PDF). read more

The Māori Language Act 1987 – a ‘lesser’ right to speak Māori in the Waitangi Tribunal?

Tai Ahu examines a Waitangi Tribunal ruling limiting use of te reo Māori (the Māori language) by counsel. read more

Procedure in the Waitangi Tribunal after Haronga

Māori Law Review Co-editor Carwyn Jones reviews Waitangi Tribunal decisions on applications for urgent inquiries following the Supreme Court's judgments in Haronga v Waitangi Tribunal [2011] NZSC 53. read more

Māori in the seafood sector (fisheries and aquaculture) – the year in review

Justine Inns, partner at Ocean Law, reviews Māori involvement in the seafood sector. read more

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

The Māori Law Review hosted a symposium considering the constitutional role of the Treaty of Waitangi.

This event was held on Wednesday, 12 June 2013 at the Faculty of Law, Victoria University of Wellington.

read more

Māori, the Treaty and the Constitution – Rt. Hon. Sir Geoffrey Palmer QC

Rt. Hon. Sir Geoffrey Palmer QC’s paper, Māori, the Treaty and the Constitution delivered to the Māori Law Review symposium on the Treaty of Waitangi and the constitution, held on 12 June 2013.

This paper is an edited extract from Sir Geoffrey’s forthcoming book, Reform – A Memoir, to be published by Victoria University Press in November 2013. read more

Transition from tradition to modernity – Colin James

Colin James' paper to the Māori Law Review symposium on the Treaty of Waitangi and the constitution.

12 June 2013 read more

Māori constitutionality (and the Treaty of Waitangi)

Māmari Stephens' paper to the Māori Law Review symposium on the Treaty of Waitangi and the constitution.

12 June 2013 read more

The Treaty in the constitution conversation – Craig Linkhorn

Craig Linkhorn's paper to the Māori Law Review symposium on the Treaty of Waitangi and the constitution.

12 June 2013 read more

The Treaty in the constitution conversation – Craig Linkhorn

Craig Linkhorn's presentation to the Māori Law Review symposium on the Treaty of Waitangi and the constitution

12 June 2013

Download The Treaty in the constitution conversation here (480KB PDF).

The Treaty as a normal part of our public life

Amy Dixon's paper to the Māori Law Review symposium on the Treaty of Waitangi and the constitution.

12 June 2013 read more

How should we change the way we do business with one another?

Duran Moy's  paper to the Māori Law Review symposium on the Treaty of Waitangi and the constitution.

12 June 2013 read more

Giving greater effect to Treaty obligations in our constitution would be good for our natural environment

Emma Smith's paper to the Māori Law Review symposium on the Treaty of Waitangi and the constitution.

12 June 2013 read more

A constitution includes a hapū, whānau, iwi and Crown relationship

Marama Broughton's paper to the Māori Law Review symposium on the Treaty of Waitangi and the constitution.

12 June 2013 read more

The Treaty of Waitangi should play more than a role in our constitution

Julia Whaipooti's paper to the Māori Law Review symposium on the Treaty of Waitangi and the constitution.

12 June 2013 read more