May 2014 Haratua – Contents

High Court

Use of land held for public works in Treaty of Waitangi settlements - Kane v Attorney-General [2014] NZHC 251 by Lisa Hansen

Māori Land Court

Injunctions - interim injunction extended - Williams v Trustees of the Hokio Part A Ahu Whenua Trust - Part Hokio A Section 1-4 (2014) 321 Aotea MB 24 (321 AOT 24)

Trusts - recovery of trust property - jurisdiction - interim decision that dispute relates to Māori land – Gemmell v Gemmell - Mohaka A4 Trust (2014) 32 Takitimu MB 63 (32 TKT 63)

Trusts - management - trust adhering to order and acting prudently - Eriha v Munro - Kairakau Lands Trust (2014) 32 Takitimu MB 84

Trusts - appointment of trustees – block voting appropriate in Māori trusts – Sigley - Te Tii (Waitangi) B3 Trust (2014) 80 Taitokerau MB 233

Partition - urgent directions sought on 2009 orders - Studer - Rangitaiki Allotment 28C1 (2014) 97 Waiariki MB 294

Incorporation – no need to conduct investigation – Bennett v Proprietors of the Waipiro A22B3 Incorporation - Waipiro A22B3 Block (2014) 39 Tairāwhiti MB 257

Charging orders - granted - no response from owners - Ruapehu District Council - Ohura South A3E2C3B2A Block XIII Tuhua Survey District (2014) 321 Aotea MB 95

Alienation – leases - milking plant a fixture remaining on expiry of lease – Māori Trustee v Lidgard - Kapenga H (2014) 97 Waiariki MB 282 (97 WAR 282)

Settlements

Ruruku Whakatupua Te Mana o te Awa Tupua - Upholding the Mana of the Whanganui River by Linda Te Aho

Book reviews

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

He Papakupu Reo Ture: A Dictionary of Māori Legal Terms - reviewed by Pānia Papa

Events

Te Hunga Rōia Māori o Aotearoa update - two conferences in 2014 outlined by Renika Siciliano

Print version

Download the Māori Law Review May 2014 (508 KB PDF).


Use of land held for public works in settlement of Treaty of Waitangi claims

The High Court dismissed a challenge to the Crown’s power to enter into a Deed of Settlement to transfer land held for a public work (and which is not surplus) to iwi.

Download Kane v Attorney-General [2014] NZHC 251 (206 KB PDF) here. read more

Trusts – recovery of trust property – jurisdiction – interim decision that dispute relates to Māori land – Gemmell

Gemmell v Gemmell - Mohaka A4 Trust

Māori Land Court (2014) 32 Takitimu MB 63 (32 TKT 63)

27 May 2014

Application for declarations under s 18(1)(d) of Te Ture Whenua Māori Act 1993 arising out of ongoing claims involving the Mohaka A4 Trust. Determination that the disputes did relate to Māori land so that there was jurisdiction to issue declarations. While other events meant declarations could be redundant there was utility in making them here. The Court issued a number of directions.

Download Gemmell v Gemmell - Mohaka A4 Trust (215 KB PDF) here. read more

Trusts – management – trust adhering to order and acting prudently – Eriha

Eriha v Munro - Kairakau Lands Trust

Māori Land Court (2014) 32 Takitimu MB 84 (32 TKT 84)

27 May 2014

Application for a review of trust. The applicants claimed the trustees had mismanaged the assets of the trust, had failed to secure benefits for the owners, had refused to provide dividends to the owners and had ignored the owners’ concerns. The Court was satisfied the trust was adhering to its trust order and acting prudently.

Download Eriha v Munro - Kairakau Lands Trust (216 KB PDF) here. read more

Appointment of trustees – block voting appropriate in Māori trusts – Sigley

Sigley - Te Tii (Waitangi) B3 Trust 

Māori Land Court (2014) 80 Taitokerau MB 233 (80 TTK 233)

27 May 2014

Successful application to reappoint three current trustees of Te Tii (Waitangi) B3 Trust following its 2013 AGM. "Block voting" is appropriate where the number of nominees is smaller than the number of positions available. Disqualification of a nominee found to be in accordance with the trust order but highlighted the need for more clarity in the registration of the tupuna whānau representatives.

Download Sigley - Te Tii (Waitangi) B3 Trust here  (101 KB PDF). read more

Partition – directions sought on 2009 orders – Studer

Studer - Rangitaiki Allotment 28C1

Māori Land Court (2014) 97 Waiariki MB 294 (97 WAR 294)

30 May 2014

Applications for urgent directions in relation to partition orders issued in 2009. The Court confirmed that the provisions of the RMA relating to subdivisions do not apply to a hapū partition except where expressly provided for in the 1993 Act.

Download Studer - Rangitaiki Allotment 28 C1 (178 KB PDF) here. read more

Incorporation – no need to conduct investigation – Bennett v Proprietors of the Waipiro A22B3 Incorporation

Bennett v Proprietors of the Waipiro A22B3 Incorporation - Waipiro A22B3 Block

Māori Land Court (2014) 39 Tairāwhiti MB 257 (39 TRW 257)

30 May 2014

Application for investigation into an Incorporation's affairs dismissed. The evidence showed clearly that a 2013 AGM had not been held in accordance with the rules prescribed in the Incorporation's constitution. There was no need to conduct an investigation as there would be little else for an Examining Officer to report.

Download Bennett v Proprietors of the Waipiro A22B3 Incorporation - Waipiro A22B3 Block here (125 KB PDF). read more

Injunctions – interim injunction extension – Williams

Williams v Trustees of the Hokio Part A Ahu Whenua Trust - Part Hokio A Section 1-4

Māori Land Court (2014) 321 Aotea MB 24 (321 AOT 24)

22 May 2014

Application to extend an interim injunction granted.

Download Williams v Trustees of the Hokio Part A Ahu Whenua Trust - Part Hokio A Section 1-4 (209 KB PDF) here. read more

Charging orders – granted – no response from owners – Ruapehu

Ruapehu District Council - Ohura South A3E2C3B2A Block XIII Tuhua Survey District

Māori Land Court (2014) 321 Aotea MB 95 (321 AOT 95)

30 May 2014

The Court granted the Ruapehu District Council's application for a charging order for unpaid rates.

Download Ruapehu District Council - Ohura South A3E2C3B2A Block XIII Tuhua Survey District (125 KB PDF) here. read more

Ruruku Whakatupua Te Mana o te Awa Tupua – Upholding the Mana of the Whanganui River

Linda Te Aho reviews Ruruku Whakatupua Te Mana o te Awa Tupua, the recent document setting out a new legal framework for Te Awa Tupua (the Whanganui River system) as part of the settlement of historical claims by Whanganui iwi about the Whanganui River. read more

Alienation – leases – milking plant a fixture remaining on expiry of lease – Māori Trustee v Lidgard

Māori Trustee v Lidgard - Kapenga H

Māori Land Court (2014) 97 Waiariki MB 282 (97 WAR 282)

22 May 2014

The lease for Kapenga H was due to expire and the tenants believed they were entitled to take the milking plant from the cowshed at the expiration of the lease. The Court found that the landlord was entitled to the milking plant given the terms of the lease and that the milking plant was a fixture upon the land.

Download Māori Trustee v Lidgard - Kapenga H (145 KB PDF) here. read more

Te Hunga Rōia Māori o Aotearoa update – Haratua 2014

World Indigenous Lawyers’ Conference and Te Hunga Rōia Māori o Aotearoa hui a tau

Renika Siciliano, lead co-ordinator for Te Hunga Rōia Māori o Aotearoa's hui a tau, outlines two upcoming events. read more