July 2014 Hōngongoi – Contents

Supreme Court

Trustee conflicts of interestNaera v Fenwick [2014] NZSC 58

High Court

Judicial review - unlawful delegation of Waitangi Tribunal decisionsBaker v Waitangi Tribunal [2014] NZHC 1176 by Leo H Watson

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

Māori Appellate Court

InjunctionsTaueki v Horowhenua Sailing Club – Horowhenua 11 (Lake) Block [2014] Māori Appellate Court MB 60 by Craig Linkhorn

Trusts – variation  - Clarke v Downs - Lake Taupō Forest Trust [2014] 2014 Māori Appellate Court MB 16 by Craig Linkhorn

Māori Land Court

Injunctions - interim injunction declined - not safe to grant without notice - Putataua Bay Holdings Ltd v Pere - Lot 189 DP 393664 (2014) 82 Taitokerau MB 139

Trusts - removal - adjournment granted - Cotter - Okaihau No 3C No 2 (2014) 32 Takitimu MB 168

Trusts - marae an appropriate meeting venue - Eru v Kīngi - Whakapoungakau 24 (2014) 101 Waiariki MB 1

Costs - award made against the sole surviving trusteeGemmell v Gemmell - Mohaka A4 Trust (2014) 32 Takitimu MB 174

Procedure - joinder - granted to aid proper investigation into alleged breaches - Bailey v The Māori Trustee - Te Riri A Te Hore 2 (2014) 322 Aotea MB 67

Seafood sector

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

Indigenous Law Speaker Series 2014

Constitutional development and decolonisation in the South Pacific - Professor Tony Angelo from Victoria University of Wellington will deliver the next of our 2014 lunchtime seminars on 31 July 2014 at the Faculty of Law, Victoria University of Wellington.

Print version

Download the Māori Law Review July 2014 (496 KB PDF).


Trustees – conflicts of interest – Naera v Fenwick [2014] NZSC 58

Leave to appeal granted on two issues and refused on two issues concerning a joint venture.

Download Naera v Fenwick [2014] NZSC 58 (80 KB PDF) here. read more

Judicial review – unlawful delegation of Waitangi Tribunal decisions

Baker v Waitangi Tribunal

High Court [2014] NZHC 1176

29 May 2014

Judicial review of decisions made declining an urgent Waitangi Tribunal inquiry. The decision-maker was not authorised under the Treaty of Waitangi Act 1975.

Download Baker v Waitangi Tribunal here (184 KB PDF). read more

Trusts – variation Clarke v Downs – Lake Taupō Forest Trust

Clarke v Downs - Lake Taupō Forest Trust

[2014] 2014 Māori Appellate Court MB 16 (2014 APPEAL 16)

12 May 2014

Download Clarke v Downs - Lake Taupō Forest Trust here (170 KB PDF) read more

Injunctions – Taueki v Horowhenua Sailing Club

Taueki v Horowhenua Sailing Club – Horowhenua 11 (Lake) Block

[2014] Māori Appellate Court MB 60 (2014 APPEAL 60)

23 May 2014

An appeal was dismissed against a decision of the Māori Land Court declining to grant an injunction to compel the Horowhenua Rowing Club to vacate buildings located on the block.

Download Taueki v Horowhenua Sailing Club – Horowhenua 11 (Lake) Block (175 KB PDF) here. read more

Injunctions – interim injunction declined – not safe to grant without notice – Pere

Putataua Bay Holdings Ltd v Pere - Lot 189 DP 393664 

(2014) 82 Taitokerau MB 139 (82 TTK 139)

4 July 2014

Application for an interim injunction without notice declined.

Download Putataua Bay Holdings Ltd v Pere - Lot 189 DP 393664 (90 KB PDF) here. read more

Trusts – removal – adjournment granted – Cotter

Cotter - Okaihau No 3C No 2

(2014) 32 Takitimu MB 168 (32 TKT 168)

4 July 2014

Application for the removal of Arama Puriri as a responsible trustee over Okaihau No 3C No 2. Counsel for Mr Puriri sought an adjournment on the basis of lack of notice. The application was adjourned until the next sitting of the Court although it was noted that if Mr Puriri or his counsel did not attend then there was a possibility that the application for removal would be disposed of at that next sitting.

Download Cotter - Okaihau No 3C No 2 (120 KB PDF) here. read more

Trusts – marae an appropriate meeting venue – Eru

Eru v Kīngi - Whakapoungakau 24

(2014) 101 Waiariki MB 1 (101 WAR 1)

25 July 2014

The two remaining trustees for Whakapoungakau 24 sought directions about where a general meeting of beneficial owners should be held, as they could not agree on whether the meeting should be held at Mataikotare marae. On balance the Court considered that the marae was an appropriate venue to hold the meeting.

Download Eru v Kīngi - Whakapoungakau 24 (125 KB PDF) here. read more

Costs – award made against the sole surviving trustee – Gemmell v Gemmell

Gemmell v Gemmell - Mohaka A4 Trust

Māori Land Court (2014) 32 Takitimu MB 174 (32 TKT 174)

7 July 2014

Review of trust proceedings. Successful applicant sought costs against Arthur Gemmell, the sole surviving trustee. Costs found to be appropriate, although whether Mr Gemmell might seek indemnity from the Trust for part of those costs remains a question at large. read more

Procedure – joinder – granted to aid proper investigation into alleged breaches – Bailey

Bailey v The Māori Trustee - Te Riri A Te Hore 2

(2014) 322 Aotea MB 67 (322 AOT 67)

11 July 2014

The Māori Trustee sought to join the former lessees of Te Riri A Te Hore 2 Block as respondents to two applications brought against it in relation to the block. The Court granted the application. A proper investigation into the alleged breaches could not be conducted in the absence of evidence from the former lessees.

Download Bailey v The Māori Trustee - Te Riri A Te Hore 2 (156 KB PDF) here. read more