September 2013 – Contents

Māori Appellate Court

Withdrawal from a mandated iwi organisation under the Māori Fisheries Act 2004 - Te Rūnanga o Ngāti Hine v Te Rūnanga ā iwi o Ngāpuhi (2013) Māori Appellate Court MB 89

Costs award - Pirika v Eru (2013) Māori Appellate Court MB 285

Māori Land Court

Ownership

Ownership of dwelling – applicant entitled to be compensated on constructive trust principles – Rautangata v Rautangata– Opuatia No 6D No 2D Block (2013) 63 Waikato Maniapoto MB 132 (63 WMN 132)

Status of land

Status of land – administration of estate; land assumed Māori freehold landDeputy Registrar – Lot 1 DP 2811 (2013) 18 Te Waipounamu MB 287

Appeals

Stay against injunction pending appeal – concurrent jurisdiction of first instance and appellate court - Nicholls v Nicholls (2013) 55 Waikato Maniapoto MB 288

Trusts

Applicants absolved from personal liability for decision of majority of trustees - Bidois v Trustees of Te Rimu Trust – Tokata A14 and other blocks (2013) 31 Tairawhiti MB 95

Appointment of trustees - suitability for appointment, conduct - Te Tii (Waitangi) B3 Trust (2013) 62 Taitokerau MB 115

Appointment of trustees - proposal for implementation of a weighted voting system endorsed – Stone - Pukepuke Tangiora Estate (2013) 26 Tākitimu MB 64

Appointment of trustees - declined due to lack of support – Davis - Torere Reserves Trust (2013) 82 Waiariki MB 267

Appointment of trustees - failure to follow agreed processesTukapua - Horowhenua 11B 36 2L 4A Block (Kawiu Marae) (2013) 307 Aotea MB 117

Enforcing trustee obligationsMansfield v Pomana (No 2) (2013) 24 Takitimu MB 287

Succession

Succession – Court unable to look at orders made over 10 years ago - whāngai entitled to life interest – James Savage - Goulton (2013) 65 Taitokerau MB 1 (65 TTK 1)

Succession – will void where no class of persons identified – Foreman v Sanders – Estate of Rachel Ngeungeu Zister (2013) 63 Waikato Maniapoto MB 286 (63 WMN 286)

Succession - life interest unaffected by change to relationships statutory references - Tuiono  - Joanna Davis (2013) 58 Taitokerau MB 269

Waitangi Tribunal

Waitangi Tribunal declines urgent inquiry into radio spectrum auction - Wai 2224, 2.5.8 Decision of the Tribunal on the application for an urgent remedies hearing

Law Reform

Resource Management Act 1991 - 2013 phase of RMA reform

Māori Community Development Act 1962 - consultation on its future

Māori Law Review news

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

Print version

Download the Māori Law Review September 2013 (614 KB PDF).


Withdrawal from a mandated iwi organisation under the Māori Fisheries Act 2004

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

22 March 2013

(2013) Māori Appellate Court MB 89 (2013 APPEAL 89)

The Māori Appellate Court dismissed the appeal by Te Rūnanga o Ngāti Hine from the decision of the Māori Land Court declining its application for declarations about the effect of a Treaty settlement negotiations mandate proposal on Ngāti Hine's entitlement to withdraw from the mandated iwi organisation it belonged to for fisheries purposes.

Download Te Rūnanga o Ngāti Hine v Te Rūnanga ā iwi o Ngāpuhi  here (541 KB PDF). read more

Costs award – Pirika v Eru

Pirika v Eru

Māori Appellate Court (2013) Māori Appellate Court MB 285

Costs of $3000 plus disbursements awarded in exercise of Court's discretion of reasonable contribution to successful party.

Download Pirika v Eru (2013) Māori Aopellate Court MB 285 (105 KB PDF) here.

read more

Ownership of dwelling – applicant entitled to be compensated on constructive trust principles – Rautangata

Rautangata v Rautangata– Opuatia No 6D No 2D Block

Māori Land Court (2013) 63 Waikato Maniapoto MB 132 (63 WMN 132)

26 September 2013

Mrs Rautangata and her late husband built a home and other buildings on Opuatia 6D 2D. The Court considered Mrs Rautangata was entitled to be compensated on constructive trust principles for the substantial contributions she made to the buildings and associated developments although the dwelling was a fixture attached to the ownership of the land. However, further evidence was required so the Court could make some assessment as to what buildings would be sufficient to meet the value of Mrs Rautangata’s contributions.

Download Rautangata v Rautangata– Opuatia No 6D No 2D Block (100 KB PDF) here. read more

Status of land – administration of estate; land assumed Māori freehold land

Deputy Registrar – Lot 1 DP 2811

Māori Land Court (2013) 18 Te Waipounamu MB 287

Land status determined as general land. Land had been assumed Māori freehold land because of history of succession and status of parent block.

Download Deputy Registrar – Lot 1 DP 2811 (2013) 18 Te Waipounamu MB 287 here (117 KB PDF). read more

Stay against injunction pending appeal – concurrent jurisdiction of first instance and appellate court – Nicholls

Nicholls v Nicholls

Māori Land Court (2013) 55 Waikato Maniapoto MB 288

Application dismissed for stay against injunction pending appeal. First instance court and appellate court have concurrent jurisdiction to determine applications for stay pending appeal.

Download Nicholls v Nicholls here (1.6 MB PDF). read more

Trustees – applicants absolved from personal liability for decision of majority of trustees – Bidois

Bidois v Trustees of Te Rimu Trust – Tokata A14 and other blocks

Māori Land Court (2013) 31 Tairawhiti MB 95

Successful application by trustees to be absolved from any personal liability for decision of majority of trustees to enter a lease.

Download Bidois v Trustees of Te Rimu Trust – Tokata A14 and other blocks here (153 KB PDF). read more

Trustees – suitability for appointment, conduct – Te Tii (Waitangi) B3 Trust

Te Tii (Waitangi) B3 Trust

Māori Land Court (2013) 62 Taitokerau MB 115

Issue of whether 'performance' of a whakapohane made a person unsuitable for appointment as a trustee. Matter adjourned to obtain views of beneficiaries at next AGM.

Download Te Tii (Waitangi) B3 Trust here (90KB PDF). read more

Trusts – appointment of trustees declined due to lack of support – Davis

Davis - Torere Reserves Trust

Māori Land Court (2013) 82 Waiariki MB 267 (82 WAR 267)

17 September 2013

Application to appoint replacement trustees dismissed on the ground that the two nominees no longer enjoyed the support of the beneficiaries.

Download Davis - Torere Reserves Trust here (148 KB PDF). read more

Trusts – appointment of trustees – proposal for implementation of a weighted voting system endorsed – Stone

Stone - Pukepuke Tangiora Estate

Māori Land Court (2013) 26 Tākitimu MB 64 (26 TKT 64)

5 September 2013

Directions sought regarding the process for nomination and election of replacement trustees. Existing trustees' preferred option (a weighted voting system) was found to be sensible and practical.

Download Stone - Pukepuke Tangiora Estate here (105 KB PDF). read more

Appointment of trustees – failure to follow agreed processes – Tukapua

Tukapua - Horowhenua 11B 36 2L 4A Block (Kawiu Marae)

Māori Land Court (2013) 307 Aotea MB 117

2 September 2013

Appointment of trustees. Court refused to appoint trustees selected as a result of a flawed election process. Further election directed.

Download Tukapua - Horowhenua 11B 36 2L 4A Block (Kawiu Marae) here (124KB PDF). read more

Enforcing trustee obligations – Mansfield v Pomana (2)

Mansfield v Pomana – Matahiwi 1A & 2 Blocks

Māori Land Court (2013) 24 Takitimu MB 287

5 July 2013

Second interim judgment in enforcement proceedings. Overpayment of dividends to some beneficial owners and possible misappropriation. Resignation of one trustee and two others consented to becoming advisory trustees. Directions to remaining trustees ahead of next stage in proceedings.

Download Mansfield v Pomana – Matahiwi 1A & 2 Blocks (2013) 24 Takitimu MB 287 here (168KB PDF). read more

Succession – Court unable to look at orders made over 10 years ago – whāngai entitled to life interest – James Savage

James Savage - Goulton

Māori Land Court (2013) 65 Taitokerau MB 1 (65 TTK 1)

6 September 2013

Applications for succession to the interests of five of the 12 children of the late William Goulton II and Rangi Goulton. The Court explained orders made over 10 years prior were conclusive unless an application was made for the exercise of the Chief Judge's powers. The evidence established the whāngai child did not whakapapa to the land and so could receive a life interest. The Court adjourned the applications so the whānau could discuss whether the interests in land should be placed into a whānau trust.

Download James Savage - Goulton (96 KB PDF) here. read more

Succession – will void where no class of persons identified – Foreman

Foreman v Sanders – Estate of Rachel Ngeungeu Zister

Māori Land Court (2013) 63 Waikato Maniapoto MB 286 (63 WMN 286)

27 September 2013

This case concerned the interpretation of Mrs Zister’s will. The Court considered the clauses at issue were void and of no effect. Accordingly, the contested interests were to pass in accordance with the rules on intestacy set out in s 109.

Download Foreman v Sanders – Estate of Rachel Ngeungeu Zister (192 KB PDF) here. read more

Succession – life interest unaffected by change to relationships statutory references – Tuiono

Tuiono – Joanna Davis

Māori Land Court (2013) 58 Taitokerau MB 269 (58 TTK 269)

3 May 2013

Life interest in Māori land granted on intestacy unaffected by 2005 change to relationships statutory references.

Download Tuiono – Joanna Davis (2013) 58 Taitokerau MB 269 here (312 KB PDF). read more

Proposed 2013 reform of the Resource Management Act 1991

Jacinta Ruru discusses the proposed reform of the Resource Management Act 1991 announced by the Environment Minister Amy Adams on 10 August 2013.

Download the Resource Management Summary of Reform Proposals 2013 here (1.5MB PDF). read more