April 2014 Paenga-whāwhā – Contents

Māori Land Court

Public works – offer back to successors of prior owners – The Property Group – Awapuni 1F3 (2014) 38 Tairawhiti MB 209 (38 TRW 209)

Jurisdiction – Court has jurisdiction to grant equitable remedies – Urwin v Te Kura – Te Reti B and Te Reti C Block (2014) 74 Waikato Maniapoto MB 277 (74 WMN 277)

Trusts - trustees replaced as they no longer command the support of the owners - Sullivan v Sullivan-Teepa – Te Haroto 2B2B Trust (2014) 31 Takitimu MB 138

Status of land and indefeasibility – Crown grant extinguished customary title - Moananui v Cape Kidnappers Station Limited - Rangaika Native Reserve, Cape Kidnappers (2014) 31 Tākitimu MB 179

Partition – declined - insufficient support and unnecessary - Patu – Tōrere Section 58 (2014) 95 Waiariki MB 230 (95 WAR 230)

Partition - declined - insufficient support and unnecessary - Melrose – Torere Section 64 Incorporation (2014) 94 Waiariki MB 28

Occupation orders - order granted in spite of objections - Hata - Opape 3C3B (2014) 95 Waiariki MB 60

Occupation orders - order not granted where there was limited support - Jahnke - Waipiro M T Sec.5 Blk X (2014) 38 Tairawhiti MB 274

Waitangi Tribunal

Remedies - the Mangatū Remedies Report (Wai 814, 2013) by Dr Carwyn Jones

Remedies - analysis of the Mangatū Remedies Report (Wai 814, 2013) by Baden Vertongen

Rights to water - the Tribunal's final report on Te Kāhui Maunga: The National Park District Inquiry Report (Wai 1130, 2013) by Dr Jacinta Ruru

Legislation

Review of Te Ture Whenua Māori Act 1993 – final report and recommendations from the independent review panel

Book review

Tikanga Māori - Te Mātāpunenga – A Compendium of References to the Concepts and Institutions of Māori Customary Law - reviewed by Matiu Dickson

Indigenous Law Speaker Series 2013

Indigenous on the Margins by Eileen Luna-Firebaugh

Print version

Download the Māori Law Review April 2014 (552 KB PDF).

 

 


Public works – offer back to successors of prior owners – The Property Group

The Property Group – Awapuni 1F3

Māori Land Court (2014) 38 Tairawhiti MB 209 (38 TRW 209)

31 March 2014

The Court made orders to facilitate the purchase by the successors of former owners of land acquired under the Public Works Act 1928.

Download The Property Group – Awapuni 1F3 (158 KB PDF) here. read more

Jurisdiction – Court has jurisdiction to grant equitable remedies – Urwin

Urwin v Te Kura – Te Reti B and Te Reti C Block

Māori Land Court (2014) 74 Waikato Maniapoto MB 277 (74 WMN 277)

10 April 2014

. The Court confirmed that it has jurisdiction to grant equitable remedies.

Download Urwin v Te Kura – Te Reti B and Te Reti C Block (180 KB PDF) here.

read more

Trusts – trustees replaced as they no longer command the support of the owners – Sullivan

Sullivan v Sullivan-Teepa – Te Haroto 2B2B Trust

Māori Land Court (2014) 31 Takitimu MB 138 (31 TKT 138)

15 April 2014

Application for a review of trust. A dispute arose as to whether a sole responsible trustee should be appointed to replace the current trustees following a resolution passed at a meeting of owners. The resolution was objected to by one of the current trustees. The Court held that a sole responsible trustee should be appointed as the other trustees had lost the support of the owners.

Download Sullivan v Sullivan-Teepa – Te Haroto 2B2B Trust (149 KB PDF) here. read more

Status of land and indefeasibility – Crown grant extinguished customary title – Moananui v Cape Kidnappers Station Limited

Moananui v Cape Kidnappers Station Limited - Rangaika Native Reserve, Cape Kidnappers

Māori Land Court (2014) 31 Tākitimu MB 179 (31 TKT 179)

24 April 2014

Determination that Rangaika Reserve is General land. Customary title was extinguished and the reserve status was removed when a certificate of title and Crown grant were issued to Karauria Pupu in 1866. He proceeded to sell this land to a European. The current owners, Cape Kidnappers Station Limited hold an indefeasible title.

Download here Moananui v Cape Kidnappers Station Limited - Rangaika Native Reserve, Cape Kidnappers (286 KB PDF) here. read more

Occupation orders – order granted in spite of objections – Hata

Hata - Opape 3C3B

Māori Land Court (2014) 95 Waiariki MB 60 (95 WAR 60)

14 April 2014

Application for an occupation order. Objections were received from minor shareholders and some of the trustees. The application was granted as the Court was satisfied their was sufficient opportunity to discuss the application and there was sufficient support for it.

Download Hata - Opape 3C3B (173KB PDF) here. read more

Partition – declined – insufficient support – unnecessary – Patu

Patu – Tōrere Section 58

Māori Land Court (2014) 95 Waiariki MB 230 (95 WAR 230)

17 April 2014

Application for partition. The application was dismissed. There was insufficient support and a failure to show it was necessary. The Court noted that no further application should be made until at least a 50 per cent shareholding threshold of support was obtained and the applicant can demonstrate with real evidence why a partition is necessary.

Download Patu – Tōrere Section 58 (191 KB PDF) here. read more

Partition – declined – insufficient support and unnecessary – Melrose

Melrose – Torere Section 64 Incorporation

Māori Land Court (2014) 94 Waiariki MB 28 (94 WAR 28)

17 April 2014

Application for a partition order. The application was filed in 2001 and there has been a history of oppostion to it. Application dismissed as the Court was not satisfied the partition was sufficiently supported or necessary.

Download Melrose – Torere Section 64 Incorporation (94 KB PDF) here. read more

Occupation orders – order not granted where there was limited support – Jahnke

Jahnke - Waipiro M T Sec.5 Blk X

Māori Land Court (2014) 38 Tairawhiti MB 274 (38 TRW 274)

10 April 2014

Applications for partition, later amended to applications for occupation orders. One order was granted where there was overwhelming support for the application; another application was dismissed as there was limited support. The Court also declined to alter a partition order previously made by the Court.

Download Jahnke - Waipiro M T Sec.5 Blk X (299KB PDF) here. read more

Remedies recommendations – Mangatū Remedies Report

Mangatū Remedies Report

Waitangi Tribunal (Wai 814, 2013)

23 December 2013

This report is the result of the Waitangi Tribunal’s urgent remedies inquiry, required by the Supreme Court’s 2011 decision in Haronga v Waitangi Tribunal [2011] NZSC 53. The Tribunal dismissed applications for binding remedies by three claimant groups and adjourned indefinitely the application of a fourth group pending further negotiations with the Crown.

Download the Mangatū Remedies Report here (3.8 MB PDF). read more

Remedies – the Mangatū Remedies Report – analysis

On 23 December 2013, with Christmas looming, the Waitangi Tribunal released its Mangatū Remedies Report (Wai 814, 2013) with little publicity.   However, as the response to the Supreme Court’s decision in Haronga v Waitangi Tribunal, this is one of the more significant reports to have come out of the Tribunal recently. Baden Vertongen analyses the Tribunal's report as a companion piece to the article by Dr Carwyn Jones setting out the Tribunal's findings (see (2014) April Māori LR). read more

Te Kāhui Maunga: The National Park District Inquiry Report

Te Kāhui Maunga: The National Park District Inquiry Report

Waitangi Tribunal (Wai 1130, 2013)

12 November 2013

In November 2013 the Waitangi Tribunal released the final version of its report on claims in the National Park inquiry district. The Tribunal's finalised report contains extra discussion about Māori rights to water from the material released in late 2012 when the Tribunal's pre-publication edition of the report was released.

Download Te Kāhui Maunga: The National Park District Inquiry Report. read more

Review of Te Ture Whenua Māori Act 1993 – final report and recommendations Poutu-te-rangi (March) 2014

The panel of experts reviewing Te Ture Whenua Māori Act 1993 has released its final report and recommendations. The Government has announced that it is drafting a new Te Ture Whenua Māori bill to reform the governance and management of Māori land based on the Panel's findings.

Download the Review Panel's final report (1.3 MB PDF) and the Government's subsequent announcement about law reform. read more

Book review – Te Mātāpunenga – A Compendium of References to the Concepts and Institutions of Māori Customary Law

Overview

Te Mātāpunenga – A Compendium of References to the Concepts and Institutions of Māori Customary Law

Compiled, Edited and Introduced by Richard Benton, Alex Frame and Paul Meredith – Te Mātāhauariki Research Institute, University of Waikato.

Victoria University Press 2013 (ISBN: 9780864738899)

Reviewed by Matiu Dickson, Senior Lecturer, Te Piringa, Faculty of Law, University of Waikato – Ngāiterangi Iwi read more