December 2014 Hakihea – Contents

Māori Appellate Court - Te Kōti Pīra Māori

2014 Māori Appellate Court judgments - index

Māori Land Court - Te Kōti Whenua Māori

2014 Māori Land Court judgments - index

Ownership of land – land a public road – Trustees of Paenoa Te Akau Trust v Taupō District Council - Paenoa Te Akau (2014) 108 Waiariki MB 261 (108 WAR 261)

Chief Judge's powers – orders vesting urupā cancelled – Te Rūnanga o Ngāti Awa v Paul - Otara o Muturangi [2014] Chief Judge's MB 615

Chief Judge's powers - application to amend or cancel succession order granted - McCallum v The Maori Trustee of Whanganui - Estate of Ngapiki Waaka Hakaraia (2014) 2014 Chief Judge's MB 541

Status of land – no change to General land to facilitate sale - Skudder - Tahorakuri A No 1 Sec 8B and Lot 1 DP South Auckland 63822 (2014) 109 Waiariki MB 203

Incorporations - new election called for committee of management due to invalid election - Hutchison - Torere 64 Incorporation (2014) 109 Waiariki MB 260

Incorporations - licence to occupy - objective approach to dealings - Pohatu v Muriwhenua Incorporation - Te Hapua 42 (2014) 91 Taitokerau MB 251

Partition - hybrid partition for all owners - Heta - Taiharuru 4C3B (2014) 88 Taitokerau MB 136

Partition - insufficient support and unnecessary - MacDonald v MacDonald - Wairau Blk.XII Sec. 6C 2C (2014) 27 Te Waipounamu MB 68

Partition, ownership - conditional partition upheld - Morrison - Te Kaha No.2C Block (2014) 105 Waiariki MB 183

Trusts – Court will not interfere where trustee adheres to trust order and acts prudently – Albert v Te Tumu Paeroa - Omaio 39 (2014) 110 Waiariki MB 119

Injunction – no jurisdiction to grant injunctive relief - Hettig v ANZ Bank of New Zealand Ltd - Lot 1 Deposited Plan 158328, CT NA95A/121 (2014) 93 Taitokerau MB 238 (93 TTK 238)

Roadway – land never proclaimed as a roadline remains Māori land - Rice - Part Rangiuru No2A Roadway (2014) 107 Waiariki MB 148 (107 WAR 148)

Waitangi Tribunal - Te Rōpū Whakamana i Te Tiriti o Waitangi

Crown review of Māori Community Development Act and Māori Wardens breaches Treaty principlesWhaia te Mana Motuhake / In Pursuit of Mana Motuhake: Report on the Māori Community Development Act Claim (Wai 2417, 2014)

Taonga waterways - Lake Waikaremoana - Te Urewera Part 5 (Wai 894. 2014)

Legislation - Ngā Whakaturetanga

Treaty settlement legislation before the House of Representatives in 2014 - Dr Carwyn Jones

United Nations Permanent Forum on Indigenous Issues

Indigenous Peoples’ Good Governance, Human Rights and Self-Determination in the Second Decade of the New Millennium – A Māori Perspective by Dr Robert Joseph

Print version

Download the Māori Law Review December 2014 (667 KB PDF).


2014 Māori Appellate Court judgments – index

This table lists the 2014 judgments of the Māori Appellate Court and contains links to reports about the decisions. read more

2014 Māori Land Court judgments – index

This table lists the 2014 judgments of the Māori Land Court and contains links to reports about the decisions. read more

Ownership of land – land a public road – Trustees of Paenoa Te Akau Trust

Trustees of Paenoa Te Akau Trust v Taupō District Council - Paenoa Te Akau

Māori Land Court (2014) 108 Waiariki MB 261 (108 WAR 261)

1 December 2014

The trustees of the Paenoa Te Akau Trust applied for a determination of ownership of Tupara Road. The applicants claimed the roadway was cancelled in 1961 and reverted to being Māori freehold land. The Court found that the roadway was cancelled under the Māori Purposes Act 1975 (Part III). That Act had the effect of reviving Tupara Road as a public road.

Download Trustees of Paenoa Te Akau Trust v Taupō District Council - Paenoa Te Akau (225 KB PDF) here. read more

Chief Judge’s powers – orders vesting urupā cancelled – Te Rūnanga o Ngāti Awa v Paul

Te Rūnanga o Ngāti Awa v Paul - Otara o Muturangi

Māori Land Court [2014] Chief Judge's MB 615 (2014 CJ 615)

2 December 2014

Successful application seeking the cancellation of orders made in 1963 vesting Otara o Muturangi in trustees exclusively for the benefit of Ngāti Rangitihi. The Court had erred in law by not making full inquiries to determine the beneficiaries before making the orders.

Download Te Rūnanga o Ngāti Awa v Paul - Otara o Muturangi here once available (951 KB PDF). read more

Chief Judge’s powers – application to amend or cancel succession order granted – McCallum

McCallum v The Maori Trustee of Whanganui - Estate of Ngapiki Waaka Hakaraia

Māori Land Court (2014) 2014 Chief Judge's MB 541 (2014 CJ 541)

2 December 2014

The Court cancelled the previous succession order and vested the entire estate in Ngapiki Haaka Hakaraia's grandaughter.

Download McCallum v The Maori Trustee of Whanganui - Estate of Ngapiki Waaka Hakaraia here (215 KB PDF). read more

Status of land – no change to General land to facilitate sale – Skudder

Skudder - Tahorakuri A No 1 Sec 8B and Lot 1 DP South Auckland 63822

Māori Land Court (2014) 109 Waiariki MB 203 (109 WAR 203)

5 December 2014

Application for a change of status from Māori freehold land to General land to facilitate sale refused. There was no evidence to show that the land would be more effectively managed or utilised as General land.

Download Skudder - Tahorakuri A No 1 Sec 8B and Lot 1 DP South Auckland 63822  here (10.9 MB PDF). read more

Incorporations – new election called for committee of management due to invalid election – Hutchison

Hutchison - Torere 64 Incorporation

Māori Land Court (2014) 109 Waiariki MB 260 (109 WAR 260)

10 December 2014

Application to uphold election process and confirm appointment of next highest polling candidates to committee of management following an invalid election. Application denied and new election ordered.

Download Hutchison - Torere 64 Incorporation here (142 KB PDF). read more

Incorporations – licence to occupy – objective approach to dealings – Pohatu

Pohatu v Muriwhenua Incorporation - Te Hapua 42

Māori Land Court (2014) 91 Taitokerau MB 251 (91 TTK 251)

5 December 2014

A dispute arose over whether the applicant and her whānau were able to combine four licences to occupy into one two-acre papakainga area. The Incorporation responsible for granting the licences was concerned that it may set an unhelpful precedent if a family was able to do so. Taking an objective approach to the dealings between the parties, the Court found that the agreement was that the licence sites could be occupied as one.

Download Pohatu v Muriwhenua Incorporation - Te Hapua 42 (194 KB PDF) here. read more

Partition – hybrid partition for all owners – Heta

Heta - Taiharuru 4C3B

Māori Land Court (2014) 88 Taitokerau MB 136 (88 TTK 136)

3 October 2014

Application for partition order. The Court had previously adjourned the application so that the owners could discuss the possibility of a hybrid partition. This was agreed to by the owners. The application was again adjourned so that orders giving effect to the hybrid partition could be drafted.

Download Heta - Taiharuru 4C3B (115 KB PDF) here.

read more

Partition – insufficient support and unnecessary – MacDonald

MacDonald v MacDonald - Wairau Blk.XII Sec. 6C 2C

Māori Land Court (2014) 27 Te Waipounamu MB 68 (27 TWP 68)

15 October 2014

Application for partition order. Application dismissed where there was insufficient support for the proposal and partition was not reasonably necessary.

Download MacDonald v MacDonald - Wairau Blk.XII Sec. 6C 2C (141 KB PDF) here. read more

Partition, ownership – conditional partition upheld – Morrison

Morrison - Te Kaha No.2C Block

Māori Land Court (2014) 105 Waiariki MB 183 (105 WAR 183)

9 October 2014

Application for partition order. The Court upheld the previous granting of a conditional partition as the circumstances had not changed. Applicant also applied to determine ownership of existing and "proposed" dwellings on the land. Applicant was granted ownership of existing dwellings.

Download Morrison - Te Kaha No.2C Block (206 KB PDF) here. read more

Trusts – Court will not interfere where trustee adheres to trust order and acts prudently – Albert v Te Tumu Paeroa

Albert v Te Tumu Paeroa - Omaio 39

Māori Land Court (2014) 110 Waiariki MB 119 (110 WAR 119)

19 December 2014

Applicant sought an order requiring the Māori Trustee to distribute money held on trust for the beneficiaries. The Māori Trustee was only willing to distribute a smaller sum than that desired by the applicant. The Māori Trustee was acting prudently and was adhering to the trust order. Application dismissed.

Download Albert v Te Tumu Paeroa - Omaio 39 here when available. read more

Injunction – no jurisdiction to grant injunctive relief – Hettig

Hettig v ANZ Bank of New Zealand Ltd - Lot 1 Deposited Plan 158328, CT NA95A/121

Māori Land Court (2014) 93 Taitokerau MB 238 (93 TTK 238)

23 December 2014

Mr Hettig filed an interlocutory ex-parte application seeking an injunction against ANZ Bank. The application was dismissed as the Court was not satisfied there was jurisdiction for injunctive relief in this case. Further, Mr Hettig had failed to show there was a serious question to be tried and the balance of convenience and overall justice lay with the bank.

Download Hettig v ANZ Bank of New Zealand Ltd - Lot 1 Deposited Plan 158328, CT NA95A/121 (220 KB PDF) here. read more

Roadway – land never proclaimed as a roadline remains Māori land – Rice

Rice - Part Rangiuru No2A Roadway

Māori Land Court (2014) 107 Waiariki MB 148 (107 WAR 148)

17 November 2014

Mr Rice sought a determination of ownership of Part Rangiuru No 2A Roadway. The order setting apart the roadway was cancelled with the Court directing that the land would be vested in Mr Rice if no further submissions were received.

Download Rice - Part Rangiuru No2A Roadway (162 KB PDF) here.

read more

Crown review of Māori Community Development Act and Māori Wardens breaches Treaty principles

Whaia te Mana Motuhake / In Pursuit of Mana Motuhake: Report on the Māori Community Development Act Claim

Waitangi Tribunal (Wai 2417, 2014)

5 December 2014 (pre-publication version)

The Waitangi Tribunal has released its report into the Crown’s review of the Māori Community Development Act 1962 and the role of Māori Wardens. The Tribunal has found that the review processes breached the principles of the Treaty of Waitangi.

Download Whaia te Mana Motuhake / In Pursuit of Mana Motuhake: Report on the Māori Community Development Act Claim (PDF, 3.18MB) here. read more

Taonga waterways – Lake Waikaremoana – Te Urewera inquiry (Part 5)

Te Urewera Part 5

Waitangi Tribunal (Wai 894. 2014)

12 December 2014 (pre-publication edition)

In the fifth part of its report on the district inquiry into Te Urewera claims the Waitangi Tribunal has made findings about Treaty claims in respect of the taonga waterway Lake Waikaremoana.

Download Te Urewera Part 5 (pre-publication edition) here (2.1 MB PDF) read more

Treaty settlement legislation before the House of Representatives in 2014

2014 continued the trend of recent years. A number of major pieces of settlement legislation made significant progress through the legislative process.  In 2014 this included the enactment of settlement legislation for iwi from Te Tau Ihu (the Northern South Island), Hawke’s Bay, Bay of Plenty, and Waikato regions. Also of note: Te Urewera Act 2014 was enacted. This provides for ground-breaking new governance arrangements for Te Urewera. Secondly, the enactment of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014. This gives effect to a new framework for the governance of iconic sites within the Auckland area. read more

Indigenous Peoples’ Good Governance, Human Rights and Self-Determination in the Second Decade of the New Millennium – A Māori Perspective

Indigenous Peoples’ Good Governance, Human Rights and Self-Determination in the Second Decade of the New Millennium – A Māori Perspective

The United Nations Permanent Forum on Indigenous Issues, Thirteenth Session on Good Governance and Human Rights, New York, 12-23 May 2014

Address by Dr Robert Joseph[1] of Te Mata Hautū Taketake – the Māori and Indigenous Governance Centre, University of Waikato, New Zealand read more

November 2014 Whiringa-ā-rangi – Contents

General Election - Te Pōtitanga Whānui

2014 General Election and government formation

High Court - Te Kōti Matua

High Court appoints Māori trustees to dysfunctional Crown Forestry Rental TrustNew Zealand Māori Council & Ors v Foulkes & Ors [2014] NZHC 2757

Māori Appellate Court - Te Kōti Pira Māori

Special Aid - special circumstances justifying an award being granted retrospectively - Te Rūnanga o Ngāti Hine v Te Rūnanga a Iwi o Ngāpuhi - Special Aid [2014] 2014 Māori Appellate Court MB 133

Jurisdiction - Court has jurisdiction to award equitable remedies - Mikaere-Toto v Te Reti B and C Residue Trust - Te Reti B and Te Reti C [2014] 2014 Māori Appellate Court MB 249

Māori Land Court - Te Kōti Whenua Māori

Jurisdiction – Court can hear claims for relief relating to Crown land or General land – Trustees of Te Waiti 2C2 v Allison - Te Waiti No2C No2 (2014) 107 Waiariki MB 115 (107 WAR 115)

Injunction – refused - no serious question to be tried - Falwasser v Olsen - Matata Parish 6A (2014) 107 Waiariki MB 74 (107 WAR 74)

Chief Judge's powers – application of "ten pound rule" not erroneous – Scott - Erueti Te Karu [2014] Chief Judge's MB 260

Rehearing – the Court could not be satisfied the applicant was notified of the original application - Kaka v Ruapehu District Council - Ohura South N2E1B (2014) 328 Aotea MB 176 (328 AOT 176)

Rehearing – application declined as it was evident the earlier orders would be affirmed - Fisher v Potroz - Mohakatino Paraninihi No 1C West 3A2 (2014) 328 Aotea MB 225 (328 AOT 225)

Succession – adoptive brother entitled to further interests consistent with earlier decision - Wawatai (Tate) - Te Raana Waiti (2014) 88 Taitokerau MB 233 (88 TTK 233)

Trusts – ahu whenua – partial termination granted - Moetara - Pakanae 2Y3A (2014) 88 Taitokerau MB 242 (88 TTK 242)

Trusts – partial termination, constitution of ahu whenua trust, appointment of trustees – The Māori Trustee v O'Rorke - Pukekohatu 7B (2014) 329 Aotea MB 79

Trusts - preliminary determination as to whether the doctirne of estoppel applies - Waaka - Te Manawa o Tuhoe A block (2014) 103 Waiariki MB 2

Trusts - review of trust and meetings - owners followed correct procedure - Morris - Ngapini and Tarawa Trust (2014) 36 Takitimu MB 186

Trusts – removal of trustees – attempt to stop a mortgagee sale – Moanaroa v Ruwhiu - The Kaiawhina Trust (2014) 91 Taitokerau MB 29 (91 TTK 29)

Trusts – inappropriate to allow application for appointment of trustees to be withdrawn - Graham - Waihou-Hutoia X Māori Reservation (Piki Te Aroha Marae) (2014) 88 Taitokerau MB 258 (88 TTK 258)

Title and occupation – recovery of possession, permanent injunction and compensation - Trustees of Ihaka Whaanga Whānau Trust v Whaanga - Town Section 90 Mahia and Town Section 91 Mahia (2014) 42 Tairāwhiti MB 292

Occupation orders - orders for housing purposes only - Davis - Ahipara A8B (2014) 88 Taitokerau MB 186

Waitangi Tribunal - Te Rōpū Whakamana i Te Tiriti o Waitangi

Treaty of Waitangi signatories did not cede sovereignty in February 1840 - He Whakaputanga me te Tiriti: the Declaration and the Treaty (2014, Wai 1040)

He Whakaputanga me te Tiriti: the Declaration and the Treaty - sovereignty in February 1840 - comment by Professor D V Williams

Urgent Waitangi Tribunal inquiries - Ngāpuhi mandate and Whanganui River applications - by Dr Carwyn Jones

Indigenous Law Speaker Series 2014

Rangatahi Courts of Aotearoa New Zealand - an update - Judge Heemi Taumaunu

Māori Law Review news

Exploring Māori legal traditions: Te hōpara i ngā tikanga ture Māori - Māori Law Review co-editor Dr Carwyn Jones has been awarded a Marsden Fund Fast-Start Grant. He will focus on identifying Māori legal principles from a range of cultural expressions such as waiata (songs), whakairo (carvings), karakia (prayers/chants), and kōrero pūrākau (stories)

Prestigious Canada Research Chair - Māori Law Review consultant editor Professor John Borrows has been named Canada Research Chair in Indigenous Law

All Souls College Examination Fellowship - Māori Law Review contributor Max Harris has been elected an Examination Fellow at All Souls College, Oxford

Sir Edward Taihakurei Durie student essay competition 2014 - Anna Brenstrum, an undergraduate law student at Otago University, has won the 2014 competition

Student editor 2015 - Toni Love is our next student editor

Research on Te Ture Whenua Māori Act 1993 - Nathalie Harrington (Summer Research Scholar) and Stevie-Rae Hart (Research Assistant) will be working with us on a project over Summer looking at the jurisprudence of the Māori Land Court under Te Ture Whenua Māori Act 1993

Print version

Download the Māori Law Review November 2014 (804 KB PDF).


2014 General Election and government formation

The Electoral Commission released on 4 October the final results of the 20 September 2014 general election. read more

High Court appoints Māori trustees to dysfunctional Crown Forestry Rental Trust – New Zealand Māori Council

New Zealand Māori Council & Ors v Foulkes & Ors

High Court - Te Kōti Matua o Aotearoa

[2014] NZHC 2757

6 November 2014

The High Court appointed two new Māori trustees and four alternate Māori trustees to the Crown Forestry Rental Trust after lengthy litigation as to the Trust’s administration, and the trustees’ powers and duties.

Download New Zealand Māori Council & Ors v Foulkes & Ors here (438 KB PDF). read more

Special Aid – special circumstances justifying an award being granted retrospectively – Te Rūnanga o Ngāti Hine

Te Rūnanga o Ngāti Hine v Te Rūnanga a Iwi o Ngāpuhi - Special Aid

[2014] 2014 Māori Appellate Court MB 133 (2014 APPEAL 133)

15 July 2014

Te Rūnanga o Ngāti Hine applied for Special Aid in relation to attendances before the Court. The application for Special Aid was filed well after the proceedings were complete. The application was granted as the Court was satisfied that there were special circumstances justifying an award being made despite the application being filed after the proceedings had concluded.

Download Te Rūnanga o Ngāti Hine v Te Rūnanga a Iwi o Ngāpuhi - Special Aid (122 KB PDF) here. read more

Jurisdiction – Court has jurisdiction to award equitable remedies – Mikaere-Toto

Mikaere-Toto v Te Reti B and C Residue Trust - Te Reti B and Te Reti C

[2014] 2014 Māori Appellate Court MB 249 (2014 APPEAL 249)

1 October 2014

Ms Mikaere-Toto appealed against the lower Court’s preliminary determination that the Māori Land Court has jurisdiction to award equitable remedies. Appeal dismissed.

Download Mikaere-Toto v Te Reti B and C Residue Trust - Te Reti B and Te Reti C (297 KB PDF) here. read more

Jurisdiction – Court can hear claims for relief relating to Crown land or General land – Trustees of Te Waiti 2C2

Trustees of Te Waiti 2C2 v Allison - Te Waiti No2C No2

Māori Land Court (2014) 107 Waiariki MB 115 (107 WAR 115)

12 November 2014

Applications for a grant of relief in relation to a wrongly placed structure and for specific performance of a contractual agreement. Both applications related to Crown land. The Court considered it has jurisdiction to hear the claim for relief but not the specific performance claim.

Download Trustees of Te Waiti 2C2 v Allison - Te Waiti No2C No2 (245 KB PDF) here.

read more