November 2013 Whiringa-ā-rangi – Contents

High Court

Assessing the relative strength of customary interests - Ngati Rahiri Hapu o Te Atiawa (Taranaki) Society Inc v New Zealand Historic Places Trust [2013] NZHC 2746

Māori Appellate Court

Injunction – trustees are entitled to control who occupies trust lands - Nicholls v Nicholls – WT Nicholls Trust [2013] Māori Appellate Court MB 598

Alienation - illegality of registration does not affect indefeasible title - Muraahi v Phillips Rangitoto Tuhua 55B1B and 55B1A2 (Manu Ariki Marae) [2013] 2013 Māori Appellate Court 528; [2013] 2013 Māori Appellate Court 561

Māori Land Court

Chief Judge’s powers – erroneous vesting of life interest – Heke v Heke - Estate of James Heke [2013] Chief Judge's MB 996

Appeal – leave to appeal preliminary decision declined – Ruapuha Uekaha Hapu Trust - Hauturu East 8 (2013) 67 Waikato Maniapoto MB 100 (67 WMN 100)

Alienation – sale of undivided interests outside of the preferred class of alienees prohibited - Loach v Bidois - Matarikoriko No 7B2A (2013) 312 Aotea MB 195

Partition - application dismissed following flawed consultation process - Pure - Ahipara 1B2B (2013) 69 Taitokerau MB 109

Partition - insufficient support and unnecessary - Arama - Whatitiri 13B2B2 (2013) 16 Taitokerau MB 158

Occupation orders – order made where majority owner found to be acting oppressively - Bhana v Paniora - Wairau North 1B2C (2013) 69 Taitokerau MB 139

Equitable ownership of a dwelling - Herewini - Maungaroa 1 Sec 23K (Keterau) (2013) 85 Waiariki MB 141

Status of land:

Status of land – change to Māori freehold land not fatal to Council’s ability to collect arrears - Deputy Registrar v Ruapehu District Council (2013) 312 Aotea MB 137

Status of land - change to Māori freehold land not fatal to Council’s ability to collect arrears  - Deputy Registrar v Ruapehu District Council - Ohura South A3B1A (2013) 312 Aotea MB 144

Status of land - change to Māori freehold land not fatal to Council's ability to collect arrears - Deputy Registrar v Ruapehu District Council (2013) 312 Aotea MB 148

Trusts:

Appointment of trustees – appointment to Trust Board an internal matter – Turangawaewae Trust Board v Takerei - Section 166 Suburb of Newcastle North (2013) 67 Waikato-Maniapoto MB 113

Appointment of trustees, election processes – Deputy Registrar v Rakiura Māori Lands Trust - Rakiura Māori Lands Trust (2013) 21 Te Waipounamu MB 35

Maori reservations:

Māori reservations – leases - Ngā Hau e Whā National Marae Charitable Trust – Ngā Hau e Wha Marae (2013) 20 Te Waipounamu MB 152 (20 TWP 152)

Waitangi Tribunal

Te Urewera (Part IV)

Housing on Māori land

Housing - Kainga Whenua Loan and Kainga Whenua Infrastructure Grants criteria to change

Māori Law Review news

Student editor 2014 - Kohe Ruwhiu from Victoria University of Wellington will be the Māori Law Review's student editor in 2014

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 November 2013 (558 KB PDF).


Chief Judge’s powers – erroneous vesting of life interest – Heke v Heke

Heke v Heke - Estate of James Heke

Māori Land Court [2013] Chief Judge's MB 996 (2013 CJ 996)

22 November 2013

Chief Judge's powers used to revoke orders of the Māori Land Court granting a life interest in Adeline Heke over all the lands in question. She was entitled only to a life interest in the house block.

Download Heke v Heke - Estate of James Heke here (205 KB PDF). read more

Injunction – trustees are entitled to control who occupies trust lands – Nicholls

Nicholls v Nicholls – WT Nicholls Trust

[2013] Māori Appellate Court MB 598 (2013 APPEAL 598)

22 November 2013

Appeal dismissed against an injunction restraining George Nicholls (and others) from entering on or occupying certain WT Nicholls Trust lands without the consent of the trustees.

Download Nicholls v Nicholls - WT Nicholls Trust (234 KB PDF) here. read more

Appeal – leave to appeal preliminary decision declined – Ruapuha Uekaha Hapū Trust

Ruapuha Uekaha Hapu Trust - Hauturu East 8

Māori Land Court (2013) 67 Waikato Maniapoto MB 100 (67 WMN 100)

6 November 2013

The Ruapuha Uekaha Hapū Trust applied for leave to appeal a preliminary decision. The application was declined on the basis that, should the final decision be appealed, it would be more useful for the Appellate Court to have all the relevant information before it.

Download Ruapuha Uekaha Hapu Trust - Hauturu East 8 (74 KB PDF) here. read more

Alienation – sale of undivided interests outside of the preferred class of alienees prohibited – Loach v Bidois

Loach v Bidois - Matarikoriko No 7B2A

Māori Land Court (2013) 312 Aotea MB 195 (312 AOT 195)

29 November 2013

Application for confirmation of alienation dismissed. An entire block may be alienated outside of the preferred class once the right of first refusal to members of the preferred class of alienees has been given. But in the case of a proposed sale of undivided interests, the legislation prohibits vesting outside of the owners, their whānau and hapū.

Download Loach v Bidois - Matarikoriko No 7B2A  here (164 KB PDF). read more

Partition – application dismissed following flawed consultation process – Pure

Pure - Ahipara 1B2B

Māori Land Court (2013) 69 Taitokerau MB 109 (69 TTK 109)

28 November 2013

Application for partition. Ms Pure wanted to partition her share of whānau land following a dispute. Application dismissed as there had not been sufficient notice of the application or sufficient opportunity to discuss it. Further, the Court was not certain that there was sufficient support for the proposal and it was not necessary to facilitate the effective operation, development and utilisation of the land.

Download Pure - Ahipara 1B2B (118 KB PDF) here. read more

Assessing the relative strength of customary interests – Ngati Rahiri Hapu o Te Atiawa (Taranaki) Society Inc v New Zealand Historic Places Trust

Ngati Rahiri Hapu o Te Atiawa (Taranaki) Society Inc v New Zealand Historic Places Trust

High Court [2013] NZHC 2746

21 October 2013

In response to a claim that the Historic Places Trust wrongly included another hapū in consent conditions about archaeological works the High Court held that the Historic Places Act 1993 does not require the Trust to assess the relationships of Māori with their ancestral lands so as to determine and accord precedence between claimed interests.

Download Ngati Rahiri Hapu o Te Atiawa (Taranaki) Society Inc v New Zealand Historic Places Trust here (347 KB PDF). read more

Alienation – illegality of registration does not affect indefeasible title – Muraahi

Muraahi v Phillips Rangitoto Tuhua 55B1B and 55B1A2 (Manu Ariki Marae)

Māori Appellate Court [2013] 2013 Māori Appellate Court 528 (2013 APPEAL 528); Māori Appellate Court [2013] 2013 Māori Appellate Court 561 (2013 APPEAL 561)

14 November 2013

The appellants had sought an order that certain lands be vested back in the name of Areka Phillips as they were transferred illegally. The lower Court dismissed the application as such an order would be contrary to the indefeasibility provisions of the Land Transfer Act (LTA) 1952. Decision of the lower Court upheld.

Download Muraahi v Phillips Rangitoto Tuhua 55B1B and 55B1A2 (Manu Ariki Marae) here: majority (266 KB PDF) / separate judgment of Judge Ambler (284 KB PDF). read more

Partition – insufficient support and unnecessary – Arama

Arama - Whatitiri 13B2B2

Māori Land Court (2013) 16 Taitokerau MB 158 (16 TTK 158)

28 November 2013

Application for partition. The applicants wanted to partition their share in the land so it could be leased in conjunction with their other whānau land. Application dismissed as there was insufficient support for the proposal and it was not necessary to facilitate the effective operation, development and utilisation of the land.

Download Arama - Whatitiri 13B2B2 (115 KB PDF) here. read more

Occupation orders – order made where majority owner found to be acting oppressively – Bhana v Paniora

Bhana v Paniora - Wairau North 1B2C

Māori Land Court (2013) 69 Taitokerau MB 139 (69 TTK 139)

1 November 2013

Application for an occupation order. The applicant was a minority owner in the land and the application was opposed by the majority owner. The Court granted the order after finding the majority owner was acting in an oppressive manner.

Download Bhana v Paniora - Wairau North 1B2C (155 KB PDF) here. read more

Housing – Kainga Whenua Loan and Kainga Whenua Infrastructure Grants criteria to change

The Government has agreed to change criteria for the Kainga Whenua Loan and Infrastructure Grants schemes for lending relating to Māori land.

Kainga Whenua Loan and Kainga Whenua Infrastructure Grants criteria to change read more

Equitable ownership of a dwelling – Herewini – Maungaroa 1 Sec 23K (Keterau)

Herewini - Maungaroa 1 Sec 23K (Keterau)

Māori Land Court (2013) 85 Waiariki MB 141 (85 WAR 141)

30 October 2013

A converted dwelling on a block of Māori freehold land was ordered to be the property of the applicants who have occupied and improved it since 1989.

Download Herewini - Maungaroa 1 Sec 23K (Keterau) (2013) 85 Waiariki MB 141 (85 WAR 141) here (77 KB PDF).

read more

Status of land – change to Māori freehold land not fatal to Council’s ability to collect arrears – Deputy Registrar v Ruapehu District Council

Deputy Registrar v Ruapehu District Council – Section 4 Block IV Town of Ongarue

Māori Land Court (2013) 312 Aotea MB 137 (312 AOT 137)

29 November 2013

Decision granting an order changing the status of land from General land to Māori freehold land. A change in status would enable cost effective succession to the interests of the deceased owner. In granting the order, the Māori Land Court determined that such change would not be fatal to the Ruapehu District Council’s ability to recover rates, arrears and penalties.

Download Deputy Registrar v Ruapehu District Council – Section 4 Block IV Town of Ongarue Māori Land Court (2013) 312 Aotea MB 137 (150 KB PDF) here. read more

Status of land – change to Māori freehold land not fatal to Council’s ability to collect arrears – Deputy Registrar v Ruapehu District Council – Ohura South A3B1A

Deputy Registrar v Ruapehu District Council - Ohura South A3B1A

Māori Land Court (2013) 312 Aotea MB 144 (312 AOT 144)

29 November 2013

Decision granting an order changing the status of land from General land to Māori freehold land.  Whānau of the deceased owner wished to proceed with a change of status to enable prompt succession.  In granting the order, the Māori Land Court determined that such change would not be fatal to the Ruapehu District Council’s ability to recover rates, arrears and penalties.

Download Deputy Registrar v Ruapehu District Council - Ohura South A3B1A (2013) 312 Aotea MB 144 (133 KB PDF) here.

read more

Status of land – change to Māori freehold land not fatal to Council’s ability to collect arrears – Deputy Registrar v Ruapehu District Council

Deputy Registrar v Ruapehu District Council - Lot 2 DP South Auckland 38101

Māori Land Court (2013) 312 Aotea MB 148 (312 AOT 148)

29 November 2013

Decision granting an order changing the status of land from General land to Māori freehold land.  The land had been passed down generation to generation but was never sold.  It therefore had historical and cultural importance and the owners wished to proceed with a change of status to Māori freehold land.  In granting the order, the Māori Land Court determined that such change would not be fatal to the Ruapehu District Council's ability to recover rates, arrears and penalties.

Download Deputy Registrar v Ruapehu District Council - Lot 2 DP South Auckland 38101 Māori Land Court (2013) 312 Aotea MB 148 (114 KB PDF) here. read more

Appointment of trustees – appointment to Trust Board an internal matter – Turangawaewae Trust Board v Takerei

Turangawaewae Trust Board v Takerei - Section 166 Suburb of Newcastle North

Māori Land Court (2013) 67 Waikato-Maniapoto MB 113 (67 WMN 113)

8 November 2013

Decision to appoint two nominees as trustees deferred. Since 1949 it was intended that the trustee should be the Turangawaewae Trust Board. The Ngaruawahia Pa Regulations 1940 had been repealed. Therefore, since it is a body corporate, appointment of Board members is an internal matter and there is no need for the Court's involvement.

Download Turangawaewae Trust Board v Takerei - Section 166 Suburb of Newcastle North here  (214 KB PDF). read more

Trusts – appointment of trustees, election processes – Deputy Registrar v Rakiura Māori Lands Trust

Deputy Registrar v Rakiura Māori Lands Trust - Rakiura Māori Lands Trust

Māori Land Court (2013) 21 Te Waipounamu MB 35 (21 TWP 35)

22 November 2013

There was no reason to interfere with the outcome of an election. The trustees were directed to make better use of email and social media in future to improve communication with owners.

Download Deputy Registrar v Rakiura Māori Lands Trust - Rakiura Māori Lands Trust here (95 KB PDF). read more

Māori reservations – leases and proposed re-designation for housing purposes – Ngā Hau e Whā National Marae Charitable Trust

Ngā Hau e Whā National Marae Charitable Trust – Ngā Hau e Wha Marae

(2013) 20 Te Waipounamu MB 152 (20 TWP 152)

17 October 2013 read more

Te Urewera (Part IV)

Te Urewera (Part IV)

Waitangi Tribunal (Wai 894, 2012 (pre-publication))

20 December 2012

Part IV of the Tribunal's report on its district inquiry into Te Urewera was released in 2012 in pre-publication form.  This part of the eventual final report from the Tribunal’s district inquiry focuses on Māori experience in the 20th Century at which time the affected communities retained fragmented land interests.

Te Rangimārie Williams has prepared the following summary of this part of the Tribunal’s report.

read more