June 2014 Pipiri – Contents

High Court

Judicial review – use of land in a Treaty settlementRirinui v Landcorp Farming Limited and others [2014] NZHC 1128 by Leo H Watson

Māori Land Court

Alienation – proposed mortgage contravened Te Ture Whenua Māori Act and breached statutory trust - Sanders v King - Part Parish of Whangape Lot 15B and Parish of Whangape Lot 15C (Urupā) (2014) 81 Waikato Maniapoto MB 109

Succession - entitlement to succeed compromised in consideration of a loan - Deputy Registrar - Orohaki 894B (2014) 24 Te Waipounamu MB 298

Procedure – Court has broad jurisdiction to seek and receive evidence - Nicholls v Nicholls - The W T Nicholls Trust (2014) 78 Waikato Maniapoto MB 107 (78 WMN 107)

Seafood sector

Māori in the seafood sector (fisheries and aquaculture) – the year in review by Justine Inns

Print version

Download the Māori Law Review June 2014 (480 KB PDF).


Judicial review – use of land in a Treaty settlement – Ririnui v Landcorp Farming

Ririnui v Landcorp Farming Limited and Ors 

High Court [2014] NZHC 1128

26 May 2014

The High Court granted judicial review of a challenge to the Crown’s decision to disclaim any Ngati Whakahemo interest for Treaty settlement purposes in a farm owned by Landcorp subject to a sale agreement.

Download Ririnui v Landcorp Farming Limited and Ors [2014] NZHC 1128 (522 KB PDF) here. read more

Alienation – proposed mortgage contravened Te Ture Whenua Māori Act and breached statutory trust – Sanders v King

Sanders v King - Part Parish of Whangape Lot 15B and Parish of Whangape Lot 15C (Urupā)

Māori Land Court (2014) 81 Waikato Maniapoto MB 109 (81 WMN 109)

11 July 2014

Confirmation of alienation by way of mortgage refused. Despite the repeal of the Court's discretion to refuse to confirm in ss 153 and 154 of Te Ture Whenua Māori Act 1993, the Court must not rubber stamp every instrument of alienation that satisfies s 152. The Court has an ongoing ability to refuse to grant confirmation of alienation where the proposed alienation contravenes the Act.

Download Sanders v King - Part Parish of Whangape Lot 15B and Parish of Whangape Lot 15C (Urupā) here (218 KB PDF). read more

Succession – entitlement to succeed compromised in consideration of a loan – Deputy Registrar – Orohaki 894B

Deputy Registrar - Orohaki 894B

(2014) 24 Te Waipounamu MB 298 (24 TWP 298)

5 June 2014

Dispute over entitlement to shares in Orohaki 894B. An objection to a daughter succeeding to any of her father’s interests in land was made on the basis that she compromised her right to participate in the estate due to a $30,000 loan made to her by their father. The objection was upheld. The Court found that there was ample evidence to support the conclusion that the daughter had agreed to compromise her entitlement to succeed to the land in consideration of the loan.

Download Deputy Registrar - Orohaki 894B (113 KB PDF) here. read more

Procedure – Court has broad jurisdiction to seek and receive evidence – Nicholls

Nicholls v Nicholls - The W T Nicholls Trust

Māori Land Court (2014) 78 Waikato Maniapoto MB 107 (78 WMN 107)

9 June 2014

As part of an ongoing application concerning the recovery of land and rental monies, the applicants sought orders requiring third parties to provide documents relevant to the proceedings. Orders made.

Download Nicholls v Nicholls - The W T Nicholls Trust (119 KB PDF) here. read more

Māori in the seafood sector (fisheries and aquaculture) – the year in review

Justine Inns, partner at Ocean Law, reviews Māori involvement in the seafood sector. read more