October 2013 – Contents

Court of Appeal

Trustees – unsatisfactory conduct; removal upheldRameka v Hall [2013] NZCA 203

High Court

Judicial Review – Registration of wāhi tapu – extension of boundary - Waikanae Christian Holiday Park Inc v New Zealand Historic Places Trust Maori Heritage Council [2013] NZHC 2319

Māori Appellate Court

Stay against injunction pending appeal – refusal upheld - Nicholls v Trustees of the W T Nicholls Trust – W T Nicholls Trust [2013] Māori Appellate Court MB 515

Māori Land Court

Chief Judge’s powers – legal adoption does not sever blood connection to land – Anderson - Estate of Paul Anderson [2013] Chief Judge's MB 783

General land status determined – no role for Court in ordering succession - Walker v Sinclair – Lot 9 DP 44307 (2013) 62 Taitokerau MB 203 (62 TTK 203)

Trusts:

Review – interim judgment issued to deal with the future of the proceedingsTupe - Manunui No 1 Fourth Residue (2013) 309 Aotea MB 25 (309 AOT 25)

Removal of trustees – offer to resign accepted in light of evidenceMoeahu v Winitana - Waiwhetu Pa No 4 (2013) 310 Aotea MB 172 (310 AOT 172)

Removal of trustees due to conflicts of interest and inappropriate conduct – Scott v Sullivan - Karamu AY Section 2 (2013) 27 Tākitimu MB 5

Removal of trustee for non-attendance – Edwards - Te Komiti Z2B (2013) 67 Taitokerau MB 85

Removal of trustee refused on insufficient evidence – Wikiriwhi v Houpapa - Hurakia Trust (2013) 85 Waiariki MB 107

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

Māori Law Review news

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

Legal Research Foundation Conference on Maori Legal Issues - Friday 29 November 2013 Auckland

Print version

Download the Māori Law Review October 2013 (514 KB PDF).


Trustees – unsatisfactory conduct; removal upheld – Rameka v Hall (Court of Appeal)

Rameka v Hall

[2013] NZCA 203

Dismissal of further appeal from removal as trustees. Removal upheld for unsatisfactory conduct.

Download Rameka v Hall [2013] NZCA 203 here (280 KB PDF). read more

Judicial Review – Registration of wāhi tapu – extension of boundary

Waikanae Christian Holiday Park Inc v New Zealand Historic Places Trust Maori Heritage Council

High Court [2013] NZHC 2319

6 September 2013

Waikanae Christian Holiday Park Incorporated applied for judicial review of a decision made by the New Zealand Māori Heritage Council of the Historic Places Trust (“the Council”) and the Historic Places Trust to extend the boundaries of an area registered as a wāhi tapu. The Court dismissed the application on the grounds that there was nothing to suggest that the Council had acted outside of their statutory powers or failed to follow proper processes when reaching their decision.

Download Waikanae Christian Holiday Park Inc v New Zealand Historic Places Trust Maori Heritage Council [2013] NZHC 2319 here (575 KB PDF). read more

Stay against injunction pending appeal – refusal upheld – Nicholls

Nicholls v Trustees of the W T Nicholls Trust – W T Nicholls Trust

[2013] Māori Appellate Court MB 515 (2013 APPEAL 515)

3 October 2013

Appeal against a decision of the lower Court declining to grant a stay of enforcement in relation to an injunction order. The Appellate Court considered the lower Court had taken the correct approach and its orders were accordingly affirmed.

Download Nicholls v Trustees of the W T Nicholls Trust – W T Nicholls Trust (169 KB PDF) here. read more

Chief Judge’s powers – legal adoption does not sever blood connection to land – Anderson

Anderson - Estate of Paul Anderson

Māori Land Court [2013] Chief Judge's MB 783 (2013 CJ 783)

8 October 2013

Successful application to amend succession orders that erroneously excluded daughter from succession to the interests of her father. Neither the Adoption Act 1955 nor Te Ture Whenua Māori Act 1993 sever a person's connection to the land. Children adopted out are still able to succeed to interests in Māori land.

Download Anderson - Estate of Paul Anderson here  (168 KB PDF). read more

Trusts – review – interim judgment issued to deal with the future of the proceedings – Tupe

Tupe - Manunui No 1 Fourth Residue

Māori Land Court (2013) 309 Aotea MB 25 (309 AOT 25)

30 September 2013

Here the Court issued an interim reserved judgment in ongoing proceedings concerning the activities of the trustees over a period of several years. The judgment was issued to deal with the future conduct of the proceedings given that several issues had arisen since the last hearing.

Download Tupe - Manunui No 1 Fourth Residue (111 KB PDF) here. read more

Trusts – removal of trustees – offer to resign accepted in light of evidence – Moeahu

Moeahu v Winitana - Waiwhetu Pa No 4

Māori Land Court (2013) 310 Aotea MB 172 (310 AOT 172)

18 October 2013

Mr Moeahu applied for an inquiry into the administration of Waiwhetu Pā No 4 Māori Reservation, alleging one of the trustees had placed themselves in a conflict of interest. The Court considered the trustee had placed themselves in a clear conflict, sufficient to warrant removal as a trustee. Were it not for the trustee's offer to resign, there would have been sufficient evidence to order his removal. The Court accepted his resignation.

Download Moeahu v Winitana - Waiwhetu Pa No 4 (214 KB PDF) here. read more

Status of land – no role for Court in ordering succession – Walker v Sinclair

Walker v Sinclair – Lot 9 DP 44307

Māori Land Court (2013) 62 Taitokerau MB 203 (62 TTK 203)

17 July 2013

Succession application dismissed. Land General land and not General land owned by Māori. No role for Court beyond determining land status.

Download Walker v Sinclair – Lot 9 DP 44307 (2013) 62 Taitokerau MB 203 here (362 KB PDF). read more

Trusts – removal of trustees due to conflicts of interest and inappropriate conduct – Scott v Sullivan

Scott v Sullivan - Karamu AY Section 2

Māori Land Court (2013) 27 Tākitimu MB 5 (27 TKT 5)

3 October 2013

Application to remove two trustees of the Karamu AY Section 2 Trust. The applicant trustees alleged that the respondents had significant conflicts of interests and had breached their duties as trustees. The first respondent was invited to resign but would be removed after 30 days unless a letter of resignation was received. The second trustee had used Trust property to engage in criminal activity and was therefore removed.

Download Scott v Sullivan - Karamu AY Section 2 here (128 KB PDF). read more

Trusts – removal of trustee for non-attendance – Edwards

Edwards - Te Komiti Z2B

Māori Land Court (2013) 67 Taitokerau MB 85 (67 TTK 85)

2 October 2013

Successful application for the removal of a trustee of the Nga Tai Whakarongorua Marae, located on Māori Reservation Te Komiti Z2B. The trustee had failed to satisfactorily carry out the duties of a trustee.

Download Edwards - Te Komiti Z2B here (86 KB PDF). read more

Trusts – removal of trustee refused on insufficient evidence – Wikiriwhi v Houpapa

Wikiriwhi v Houpapa - Hurakia Trust

Māori Land Court (2013) 85 Waiariki MB 107 (85 WAR 107)

24 October 2013

Insufficient evidence was provided to warrant the removal of a trustee. While the trustee's behaviour was a nuisance to the Trust, the trustee had not breached the trust order or failed to carry out duties.

Download Wikiriwhi v Houpapa - Hurakia Trust here (140 KB PDF). read more

Waitangi Tribunal declines urgent inquiry into radio spectrum auction

Radio Spectrum and Telecommunications Claim - Decision of the Tribunal on the application for an urgent remedies hearing

Waitangi Tribunal (2013) (Wai 2224, 2.5.8).

17 September 2013

The Waitangi Tribunal declined to inquire urgently into the claim seeking remedies recommendations about the Crown's proposal to auction management rights to radio spectrum in the 700 MHz band. This is the spectrum freed up by the switchover to digital television.

Download Wai 2224, 2.5.8 Decision of the Tribunal on the application for an urgent remedies hearing here (504KB PDF). read more

Legal Research Foundation Conference on Māori Legal Issues: Friday 29 November 2013 Auckland

The Legal Research Foundation is holding a conference, with the support of Te Hunga Rōia Māori o Aotearoa The New Zealand Māori Law Society, on Māori Legal Issues.

The conference will be held on Friday 29 November at the Pullman Hotel in Auckland.

Justice Joe Williams will chair the conference. Speakers and commentators will cover four areas – corporate governance, local government, land and the Treaty of Waitangi.

The conference brochure contains full programme details and the conference speakers. There are special rates for academics and students. Members of the Māori Law Society are offered the Legal Research Foundation member registration rate.