December 2013 Hakihea – Contents

Māori Appellate Court - Te Kōti Pīra Māori

2013 Māori Appellate Court judgments - index

Māori Land Court - Te Kōti Whenua Māori

2013 Māori Land Court judgments - index

Practice Note - November 2013 - citation of Māori Land Court and Māori Appellate Court decisions

Chief Judge's powers – succession to Tītī Islands confined to blood descendants – Coote - Titi Islands [2013] Chief Judge's MB 1018

Vesting land in hapū - Manuirirangi v Parininihi ki Waitotara Incorporation - Waiokura Te Kauae blocks (2013) 311 Aotea MB 104

Status of land - no change to General land simply so land can be soldManunui v Church - Lot 37-49 DP 34051 (2013) 313 Aotea MB 260

Trusts - appointment of trustees – no appointment where relationship may cause biasBrown v Brownlie - Pipituangi A Ahu Whenua Trust (2013) 36 Tairāwhiti MB 78

Trusts - interim decision - trustee entitled to remain until replacements appointed - Puriri – Okaihau No3C No2 (2013) 28 Takitimu MB 129

Legislation

Treaty settlement legislation before the House of Representatives in 2013

Book review

Māmari Stephens reviews Lords of the Land – indigenous property rights and jurisprudence of empire

Professor David V Williams reviews The Native Land Court: A Historical Study, Cases and Commentary, 1862-1887

Māori Law Review news

Editorial - Remarks at the celebration of the Māori Law Review’s 20 year anniversaryMāmari Stephens

Print version

Download the Māori Law Review December 2013 (589 KB PDF).


2013 Māori Appellate Court judgments – index

This table lists the 2013 judgments of the Māori Appellate Court and contains links to reports about the decisions. read more

2013 Māori Land Court judgments – index

This table lists the 2013 judgments of the Māori Land Court and contains links to reports about the decisions. read more

Practice Note – November 2013 – citation of Māori Land Court and Māori Appellate Court decisions

The Māori Land Court bench has issued a new Practice Note about the citation of Māori Land Court and Māori Appellate Court decisions.

Download the 2013 Practice Note regarding the Citation of Māori Land Court and Māori Appellate Court decisions here (276 KB PDF). read more

Chief Judge’s powers – succession to Tītī Islands confined to blood descendants – Coote

Coote - Titi Islands

Māori Land Court [2013] Chief Judge's MB 1018 (2013 CJ 1018)

6 December 2013

Orders vesting interests in Tītī islands in legally adopted children cancelled. Succession to the islands is determined not by the general law of intestacy but in accordance with Māori custom. Rakiura custom holds that only those related by blood may succeed.

Download Coote - Titi Islands here (242 KB PDF). read more

Vesting land in hapū – Manuirirangi v Parininihi ki Waitotara Incorporation – Waiokura Te Kauae blocks

Manuirirangi v Parininihi ki Waitotara Incorporation - Waiokura Te Kauae blocks

Māori Land Court (2013) 311 Aotea MB 104 (311 AOT 104)

29 November 2013

Application dismissed to compel respondent Incorporation to alienate land so it could be vested in hapū title.

Download Manuirirangi v Parininihi ki Waitotara Incorporation - Waiokura Te Kauae blocks (2013) 311 Aotea MB 104 (311 AOT 104) here (88 KB PDF). read more

Status of land – no change to General land simply so land can be sold – Manunui v Church

Manunui v Church - Lot 37-49 DP 34051

Māori Land Court (2013) 313 Aotea MB 260

20 December 2013

The Māori Land Court dismissed an application for the status of land to be changed from Māori freehold land to General land on the basis that it would be inconsistent with the principles of Te Ture Whenua Māori Act 1993 to change the status so that the land could be sold.

Download Manunui v Church - Lot 37-49 DP 34051 (2013) 313 Aotea MB 260(138 KB PDF) here. read more

Appointment of trustees – no appointment where relationship may cause bias – Brown v Brownlie

Brown v Brownlie - Pipituangi A Ahu Whenua Trust

Māori Land Court (2013) 36 Tairāwhiti MB 78 (36 TRW 78)

23 December 2013

Application to appoint two people as additional trustees dismissed. The nominees would not be able to administer the trust in an unbiased and non-partisan manner due to their family relationships with the incumbent trustees.

Download Brown v Brownlie - Pipituangi A Ahu Whenua Trust here  (84 KB PDF). read more

Trusts – interim decision – trustee entitled to remain until replacements appointed – Puriri

Puriri – Okaihau No3C No2

Māori Land Court (2013) 28 Takitimu MB 129 (28 TKT 129)

20 December 2013

Interim decision following an application for directions from the Court. Sole responsible trustee entitled to remain until the appointment of replacement trustees or until further order of the Court.

Download Puriri – Okaihau No3C No2 (169 KB PDF) here. read more

Treaty settlement legislation before the House of Representatives in 2013

This year has again seen a considerable amount of activity relating to Treaty settlements and a significant amount of settlement legislation has been before the House of Representatives.  Only two pieces of legislation were enacted this year, but eight settlement bills were introduced, and a number of those bills are major pieces of legislation. read more

Book Review – Lords of the Land – indigenous property rights and jurisprudence of empire

Overview

Lords of the Land – indigenous property rights and the jurisprudence of empire

Mark Hickford

Oxford University Press 2011 (523 pages, ISBN: 9780199568659, eISBN: 9780191731273)

Reviewed by Māmari Stephens, senior lecturer, Faculty of Law, Victoria University of Wellington. read more

Book Review – The Native Land Court: A Historical Study, Cases and Commentary, 1862-1887

Overview

The Native Land Court: A Historical Study, Cases and Commentary, 1862-1887

Richard Boast

Thomson Reuters, Wellington, 2013 (xiii + 1407 pages, ISBN 978-0-86472-765-7).

Reviewed by Professor David V Williams, Faculty of Law, University of Auckland read more

Editorial – Remarks at the celebration of the Māori Law Review’s 20 year anniversary

Māmari Stephens, senior lecturer in law at Victoria University of Wellington and consultant editor to the Māori Law Review, spoke at the function held on 28 November 2013 to celebrate 20 years of publication for the Māori Law Review. read more