August 2013 – Contents

Court of Appeal

Trustees – conflicts of interest - Naera v Fenwick [2013] NZCA 353

Māori Land Court

Ownership of land

Access across roadway reserve – anomalous situation requiring determination of rights and interests – Yates v Te Kohanga Trust - Te Kohanga Lots 1, 3-16, 24 and 27 (2013) 63 Taitokerau MB 299 (63 TKT 299)

Representation

No utility in determining representatives for Treaty settlement negotiations where Crown does not agree to be boundTe Toki – Hako Hauraki (2013) 2013 Chief Judge’s MB 456

Chief Judge's Powers

Roadway order cancelled subject to conditions – The Trustees of Tauwhao Te Ngare Trust v Shaw - Tauwhao Te Ngare Block [2013] Chief Judge's MB 567

Exceptional evidence required to amend historic orders – Payne - Estate of Hami Te Maunu [2013] Chief Judge's MB 598

Ahu whenua trust cancelledSkerrett-White – Allotments 302-315 Town of Richmond and Richmond Township Allotments 18-20 (2013) Chief Judge’s MB 473

Vesting of gifted shares cancelled - Fisher v Fisher – Mura Rattenbury (2013) 2013 Chief Judge’s MB 272

Costs

High award made against respondentThomas Baker Whānau Trust v Baker - Tarawera 5A (2013) 25 Takitimu MB 197

High award made against respondentMāori Trustee v Forde - Section 186 Block V Longwood Survey District (2013) 19 Te Waipounamu MB 249

Award in favour of successful trustees foreshadowed - Paul v Trustees of Ruawahia 2B – Ruawahia 2B (2013) 79 Waiariki MB 108

Status of land

Change of status to general land refused - Martin – Lot 2 DPSA 26130 (2013) 59 Waikato Maniapoto MB 154

Roadways and survey

Roadway order varied - Chambers v Tawhiti Block Trust – Mangahaunui No 1 Roadline (2013) 31 Tairawahiti MB 165

Dismissal of application to survey wāhi tapu area - Deputy Registrar - Onewhero B (Burial Reserve) (2013) 61 Taitokerau MB 119

Alienation and succession

Succession - adoptee seeking biological brother’s land interests on intestacy - Martin – Estate of Jackie Te Ratu Tio (2013) 305 Aotea MB 1

Gift of land not confirmed as no evidence of preferred class of alienees - Prime (2013) 61 Taitokerau MB 133

Application by surviving spouse to succeed to life interest dismissed - Tahuparae (2013) 60 Taitokerau MB 46

Rehearings

Application for rehearing dismissed - Livingstone v Trustees of Lake Taupo Forest Trust (2013) 305 Aotea MB 188

Trusts

Transfer of occupation order to whānau trust adjourned - Phillips v Trustees of Te Rina Whānau Trust – Wharekahika D15 (2013) 31 Tairawhiti MB 175

Enforcing trustee obligations - Mansfield v Pomama (2013) 22 Tākitimu MB 123

Court’s power to appoint trustees to an Ahu Whenua Trust - Waimana 1C1A2B2 Trust v Tuna – Waimana No 1C No1A No2B No2 (2013) 76 Waiariki MB 19

Application for removal of trustees dismissed, interim injunction extended for six weeks – Taueki v Trustees of Horowhenua 11 (Lake) Part Reservation Trust (2013) 306 Aotea MB 175

Law Reform

Māori Community Development Act 1962 - consultation on its future

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

Background to the symposium

Pictures from the symposium

Māori Law Review news

Sir Edward Taihakurei Durie student essay competition 2013 - the competition winner will be announced on 8 October 2013.

Print version

Download the Māori Law Review August 2013 (578 KB PDF).


Trustees – conflicts of interest – Naera v Fenwick

Naera v Fenwick

Court of Appeal [2013] NZCA 353

8 August 2013

Some of the beneficiaries of the Whakapoungakau 24 Ahu Whenua Trust objected to their trustees entering into a joint venture to establish a geothermal power station. These beneficiaries challenged the trustees’ power to enter into the agreement. They were unsuccessful in the Maori Land Court and in the Maori Appellate Court.

On appeal to the Court of Appeal, the appeal was allowed on one issue (whether the courts below had addressed trustee conflicts of interest appropriately). The case was remitted back to the Maori Land Court for further hearing on that issue.

Download Naera v Fenwick [2013] NZCA 353 (375 KB PDF) here. read more

Costs – no order for costs made in whānau dispute – Nicholls v Nicholls

Nicholls v Nicholls - WT Nicholls Trust

Māori Land Court (2013) 60 Waikato Maniapoto MB 134 (60 WMN 134)

6 August 2013

Decision on costs following injunction proceedings. The applicants sought costs of $47,649.85, arguing costs should follow the event. The respondents opposed the application on the grounds that costs do not always follow the event and there is a presumption against an award of costs in relation to litigation between whānau members. The Court declined the application in the interests of preserving the ongoing whānau relationship.
read more

Costs – high award made against respondent – Thomas Baker Whānau Trust v Baker

Thomas Baker Whānau Trust v Baker - Tarawera 5A

Māori Land Court (2013) 25 Takitimu MB 197 (25 TKT 197)

7 August 2013

Decision on costs following proceedings regarding access to a whānau urupā. The applicant for costs (Baker, the respondent in the substantive proceeding) sought full indemnity costs. The Court awarded 80% of costs, finding the respondent Trust had taken a scatter gun approach and forced the applicant to expend considerable time and funds defending an application which was largely outside of the Court's jurisdiction.
read more

Chief Judge’s powers – roadway order cancelled subject to conditions – The Trustees of Tauwhao Te Ngare Trust v Shaw

The Trustees of Tauwhao Te Ngare Trust v Shaw - Tauwhao Te Ngare Block

Māori Land Court [2013] Chief Judge's MB 567 (2013 CJ 567)

9 August 2013

A 1976 roadway order was cancelled subject to an alternative roadway being agreed on in order to mitigate adverse effects upon both the applicants and respondent. While errors of law had been made in the creation of the roadway order, it was in the interests of justice find a workable solution for both parties.

Download The Trustees of Tauwhao Te Ngare Trust v Shaw - Tauwhao Te Ngare Block here  (194 KB PDF). read more

Chief Judge’s powers – exceptional evidence required to amend historic orders – Payne

Payne - Estate of Hami Te Maunu

Māori Land Court [2013] Chief Judge's MB 598 (2013 CJ 598)

12 August 2013

Unsuccessful application seeking exercise of Chief Judge's powers to amend succession orders made in 1904 which excluded the siblings and descendants of Hami Te Maunu from succession. There was no evidence to establish that Te Maunu held the land on trust. In order to amend orders that have stood unchallenged for over 100 years, applicants must provide evidence of "an exceptional nature".

Download Payne - Estate of Hami Te Maunu here (322 KB PDF). read more

Chief Judge’s powers to correct errors – ahu whenua trust cancelled – Skerrett-White

Skerret-White – Allotments 302-315 Town of Richmond and Richmond Township Allotments 18-20

Māori Land Court (2013) Chief Judge’s MB 473

Successful application to set aside an ahu whenua trust created in 1998.

Download Skerret-White – Allotments 302-315 Town of Richmond and Richmond Township Allotments 18-20 (394 KB PDF) here. read more

Ownership of land – access across roadway reserve – anomalous situation requiring determination of rights and interests – Yates

Yates v Te Kohanga Trust - Te Kohanga Lots 1, 3-16, 24 and 27

Māori Land Court (2013) 63 Taitokerau MB 299 (63 TKT 299)

19 August 2013

Here a public reserve (Lot 1) was in the ownership of an ahu whenua trust. This slightly anomalous situation had led to confusion over the Trust’s rights, interests and powers in respect of the land. The Court made an order under s 18(1) determining the rights and interests that apply to Lot 1, and setting out the trust’s powers over the land.

Download Yates v Te Kohanga Trust - Te Kohanga Lots 1, 3-16, 24 and 27 (225 KB PDF) here. read more

No utility in determining representatives for Treaty settlement negotiations where Crown does not agree to be bound – Te Toki

Te Toki – Hako Hauraki

Māori Land Court (2013) 2013 Chief Judge’s MB 456 (2013 CJ 456)

12 July 2013

Application dismissed to determine representatives for Treaty settlement negotiations. Crown did not agree to be bound.

read more

Costs – award in favour of successful trustees foreshadowed – Paul

Paul v Trustees of Ruawahia 2B – Ruawahia 2B

Māori Land Court (2013) 79 Waiariki MB 108 (79 WAR 108)

12 July 2013

Review of trust proceedings. Successful trustee respondents sought costs. Intention to award costs foreshadowed and application adjourned for information on actual costs to be supplied.

read more

Change of status to general land refused – Martin

Martin – Lot 2 DPSA 26130

Māori Land Court (2013) 59 Waikato Maniapoto MB 154

12 July 2013

Application for change of status refused. Applicants mistakenly believed land was General land when they purchase it. No evidence to satisfy Court the land could be managed or utilised more effectively as General land.

Download Martin – Lot 2 DPSA 26130 (2013) 59 Waikato Maniapoto MB 154 here (136 KB PDF). read more

Roadway order varied – Chambers

Chambers v Tawhiti Block Trust – Mangahaunui No 1 Roadline

Māori Land Court (2013) 31 Tairawahiti MB 165 (31 TRW 165)

16 July 2013

Roadway order varied and final orders made for application before court for over 10 years.

Download Chambers v Tawhiti Block Trust – Mangahaunui No 1 Roadline (2013) 31 Tairawahiti MB 165 here (173 KB PDF). read more

Succession – adoptee seeking biological brother’s land interests on intestacy

Martin – Estate of Jackie Te Ratu Tio

Māori Land Court (2013) 305 Aotea MB 1 (305 AOT 1)

17 July 2013

Determination of path of succession to on intestacy without issue of the applicant's biological brother.

Download Martin – Estate of Jackie Te Ratu Tio (2013) 305 Aotea MB 1 here (138 KB PDF). read more

Transfer of occupation order to whānau trust adjourned

Phillips v Trustees of Te Rina Whānau Trust – Wharekahika D15

(2013) 31 Tairawhiti MB 175 (31 TRW 175)

17 July 2013

Adjournment of application to transfer occupation order to whānau trust. Section 45 application in prospect and possible application for review under s 330A.

Download Phillips v Trustees of Te Rina Whānau Trust – Wharekahika D15 (2013) 31 Tairawhiti MB 175 (121 KB PDF) here. read more

Application to gift land dismissed as no evidence of preferred class of alienees – Prime

Prime - Tapui Lot 33 DP113755

Māori Land Court (2013) 61 Taitokerau MB 133

28 June 2013

Application to gift land dismissed. No evidence giftee of hapū within preferred class of alienees.

Download Prime – Tapui Lot 33 DP113755 (2013) 61 Taitokerau MB 133 (73 KB PDF) here. read more

Application by surviving spouse to succeed to life interest dismissed – Tahuparae

Tahuparae – Marino Henare Pumipi Rangitihi Tahuparae

Māori Land Court (2013) 60 Taitokerau MB 46 (60 TTK 46)

5 June 2013

Application for life interest dismissed. Possible appointment of administrator of estate.

Download Tahuparae – Marino Henare Pumipi Rangitihi Tahuparae 60 Taitokerau MB 46 here (94 KB PDF). read more

Application for rehearing dismissed – Livingstone v Trustees of Lake Taupo Forest Trust

Livingstone v Trustees of Lake Taupo Forest Trust –Lake Taupo Forest Trust

(2013) 305 Aotea MB 188 (305 AOT 188)

Māori Land Court

Application for rehearing dismissed.

18 July 2013

Download Livingstone v Trustees of Lake Taupo Forest Trust –Lake Taupo Forest Trust (2013) 305 Aotea MB 188 here (156 KB PDF). read more

Chief Judge’s power to correct errors – Fisher v Fisher

Fisher v Fisher – Mura Rattenbury

Māori Land Court (2013) 2013 Chief Judge’s MB 272 (2013 CJ 272)

22 May 2013

Successful application to Chief Judge to correct factual errors leading to vesting order. 2006 order vesting gifted shares cancelled.

Download Fisher v Fisher – Mura Rattenbury (2013) 2013 Chief Judge’s MB 272 (2013 CJ 272) (978 KB PDF) here. read more

Costs – high award made against respondent – Māori Trustee v Forde

Māori Trustee v Forde - Section 186 Block V Longwood Survey District

Māori Land Court (2013) 19 Te Waipounamu MB 249 (19 TWP 249)

22 August 2013

Decision as to costs following landlocked land proceedings. Successful applicant sought an award for 80% of costs incurred. The Court made an award for 70% of costs because although the circumstances justified a high award, the conduct of the respondents was not so unreasonable as to justify an 80% award. read more

Court’s power to appoint trustees to an Ahu Whenua Trust – Waimana 1C1A2B2 Trust v Tuna

Waimana 1C1A2B2 Trust v Tuna – Waimana No 1C No1A No2B No2

Māori Land Court (2013) 76 Waiariki MB 19 (76 WAR 19)

24 May 2013

Election and appointment of trustees to ahu whenua trust.

Download Waimana 1C1A2B2 Trust v Tuna – Waimana No 1C No1A No2B No2 here (160 KB PDF). read more

Dismissal of application to survey wāhi tapu area – Deputy Registrar – Onewhero B (Burial Reserve)

Deputy Registrar – Onewhero B (Burial Reserve)

(2013) 61 Taitokerau MB 119 (61 TTK 119)

Māori Land Court

25 June 2013

Application for survey requisition dismissed. Observation that Land Information New Zealand should issue provisional title for block in absence of survey.

Download Deputy Registrar – Onewhero B (Burial Reserve) (2013) 61 Taitokerau MB 119 here (78 KB PDF) here. read more

Enforcing trustee obligations – Mansfield v Pomama

Mansfield v Pomana - Matahiwi 1A & 2 other blocks 

Māori Land Court (2013) 22 Tākitimu MB 123 (22 TKT 123)

28 March 2013

Enforcement of trust obligations; independent trustee appointed for 12 months.

Download Mansfield v Pomama – Matahiwi 1A & 2 other blocks here (290KB PDF).

read more

Trusts – application for removal of trustees dismissed, interim injunction extended for six weeks – Taueki v Trustees of Horowhenua 11 (Lake) Part Reservation Trust

Taueki v Trustees of Horowhenua 11 (Lake) Part Reservation Trust

Māori Land Court (2013) 306 Aotea MB 175 (306 AOT 175)

9 August 2013

Application for the removal of trustees dismissed. Interim injunction extended only for six weeks to allow the applicant to remove his personal property and find alternative accommodation.

Download Taueki v Trustees of Horowhenua 11 (Lake) Part Reservation Trust here(115 KB PDF). read more

Māori Community Development Act 1962 – consultation on its future

The Government has announced it is consulting the public on the future of the Māori Community Development Act 1962.

See the pānui here. read more