August 2014 Here-turi-kōkā – Contents

Editorial

Strategic direction for a busy future by Judge Craig Coxhead

Supreme Court of Canada

Aboriginal TitleTsilhqot’in v. British Columbia [2014] SCC 44 by Professor John Borrows

High Court

Takutai moana – procedure - leave to participate given to interested party - Re Tipene [2014] NZHC 2046

Takutai moana – procedure - interested party status accepted - Tangiora v Attorney-General [2014] NZHC 2049

Māori Land Court

Rights in Māori freehold land – constructive trust to recognise equitable interest - Tipene v Tipene – Motatau 2 Section 49A4F (2014) 85 Taitokerau MB 2 (85 TTK 2)

Injunction – interim injunction granted to ensure access over roadway - Putataua Bay Holdings Ltd - Roadway Order Instrument 7895326.1 (2014) 84 Taitokerau MB 229 (84 TTK 229)

Costs – justice best served if costs lie where they fall - Trustees of Kapenga H v Lidgard - Kapenga H (2014) 101 Waiariki MB 267 (101 WAR 267)

Occupation orders - grant made on basis of discussion between majority owners - Smith - Taheke 2 Block (2014) 84 Taitokerau MB 166

Succession – whāngai not entitled to an absolute interest – Bennett - Estate of Ronald Clifford Bennett (2014) 101 Waiariki MB 290 (101 WAR 290)

Succession – whāngai not entitled to succeed - Taylor v Taylor - Estate of Waerena Taylor (2014) 102 Waiariki MB 258 (102 WAR 258)

Incorporations – Muriwhenua Incorporation ordered to hold new elections – Neho - Muriwhenua Incorporation (2014) 84 Taitokerau MB 189 (84 TTK 189)

Procedure – decision confirmed as final determination - Matthews v Matthews - Graham Ngahina Matthews (2014) 323 Aotea MB 191 (323 AOT 191)

Waitangi Tribunal

Active protection - The Interim Report on the MV Rena and Motiti Island Claims (Pre-publication) (Wai 2391, 2393, 2014) by Dr Carwyn Jones

Indigenous Law Speaker Series 2014

Lex Aotearoa - Hon Justice Joseph Williams delivered the most recent of our 2014 lunchtime seminars on 21 August 2014 at the Faculty of Law, Victoria University of Wellington.

Māori Law Review news

Sir Edward Taihakurei Durie student essay competition 2014 - this competition is now open. Entries close on 1 October 2014.

Print version

Download the Māori Law Review August 2014 (509 KB PDF).


Editorial – Judge Craig Coxhead – the Waitangi Tribunal – strategic direction for a busy future

The Waitangi Tribunal is always busy. Currently it is busier than usual as Judge Craig Coxhead explains.

Download the Waitangi Tribunal's Strategic Direction 2014-2025 (16.1MB PDF) here. read more

Aboriginal Title in Tsilhqot’in v. British Columbia [2014] SCC 44

Professor John Borrows, consultant editor to the Māori Law Review, notes the recent Aboriginal title decision of the Supreme Court of Canada in Tsilhqot’in Nation v. British Columbia [2014] SCC 44.

Download Tsilhqot’in Nation v. British Columbia [2014] SCC 44 here. read more

Injunction – interim injunction granted to ensure access over roadway – Putataua Bay Holdings Ltd

Putataua Bay Holdings Ltd - Roadway Order Instrument 7895326.1

Māori Land Court (2014) 84 Taitokerau MB 229 (84 TTK 229)

7 August 2014

Application for interim injunction granted.

Download Putataua Bay Holdings Ltd - Roadway Order Instrument 7895326.1 (105 KB PDF) here. read more

Takutai moana – procedure – leave to participate given to interested party – Tipene

Re Tipene

High Court - Te Kōti Matua [2014] NZHC 2046

27 August 2014

Leave granted for an interested party to participate in a customary marine title application where the date had passed two years previously for interested parties to notify their intention to take part in the litigation. The High Court ruled that the Act has flexibility and was designed to allow all interested parties to appear and be heard.

Download Re Tipene (299KB PDF). read more

Takutai moana – procedure – interested party status accepted – Tangiora

Tangiora v Attorney-General

High Court - Te Kōti Matua [2014] NZHC 2049

27 August 2014

The applicant for customary marine title and protected customary rights opposed the Council of Outdoor Recreation Associations of New Zealand Incorporated (CORANZ) taking part in the litigation as an interested party. The Court accepted that CORANZ was properly an interested party.

Download Tangiora v Attorney-General (246KB PDF). read more

Rights in Māori freehold land – constructive trust to recognise equitable interest – Tipene

Tipene v Tipene – Motatau 2 Section 49A4F

Māori Land Court (2014) 85 Taitokerau MB 2 (85 TTK 2)

19 August 2014

Trustees applied for confirmation they owned a dwelling on a block. Ownership was confirmed but subject to a constructive trust in favour of the prior occupant. Along with her husband (now deceased), the prior occupant had renovated and lived in the dwelling consistently with a family agreement.

Download Tipene v Tipene – Motatau 2 Section 49A4F (173 KB PDF) here. read more

Costs – justice best served if costs lie where they fall – Lidgard

Trustees of Kapenga H v Lidgard - Kapenga H

Māori Land Court (2014) 101 Waiariki MB 267 (101 WAR 267)

7 August 2014

The applicants sought an award of costs on the basis that costs follow the event. The Court considered it was in the interests of justice to decline to order costs.

Download Trustees of Kapenga H v Lidgard - Kapenga H (120 KB PDF) here. read more

Occupation orders – grant made on basis of discussion between majority owners – Smith

Smith - Taheke 2 Block

Māori Land Court (2014) 84 Taitokerau MB 166 (84 TTK 166)

7 August 2014

Application for an occupation order for land surrounding the applicant's house. Further application that the Court determine ownership of the house. The Court found that the applicant was the owner of the house and granted him an occupation order for the surrounding area on certain terms.

Download Smith - Taheke 2 Block (92KB PDF) here. read more

Succession – whāngai not entitled to succeed – Taylor

Taylor v Taylor - Estate of Waerena Taylor

Māori Land Court (2014) 102 Waiariki MB 258 (102 WAR 258)

18 August 2014

Application for rehearing of succession interests. The Court had made orders vesting the interests of the deceased in her four children and whāngai equally. Here the Court annulled those orders and vested the interests of the deceased in her four children subject to a life interest in favour of her spouse.

Download Taylor v Taylor - Estate of Waerena Taylor (126 KB PDF) here. read more

Succession – whāngai not entitled to an absolute interest – Bennett

Bennett - Estate of Ronald Clifford Bennett

Māori Land Court (2014) 101 Waiariki MB 290 (101 WAR 290)

5 August 2014

The Court determined that a whāngai child was not entitled to succeed to the deceased's interests as, consistent with local customs, absolute interests in land were primarily reserved for members of the hapū.

Download Bennett - Estate of Ronald Clifford Bennett (163 KB PDF) here. read more

Procedure – decision confirmed as final determination – Matthews

Matthews v Matthews - Graham Ngahina Matthews

Māori Land Court (2014) 323 Aotea MB 191 (323 AOT 191)

6 August 2014

Decision confirmed as a final determination.

Download Matthews v Matthews - Graham Ngahina Matthews (87 KB PDF) here. read more

Incorporations – Muriwhenua Incorporation ordered to hold new elections – Neho

Neho - Muriwhenua Incorporation

Māori Land Court (2014) 84 Taitokerau MB 189 (84 TTK 189)

7 August 2014

Application for an investigation into the outcome of the Muriwhenua Incorporation’s election of members to its Committee of Management at its 2014 AGM. The AGM election did not comply with the Act or the Māori Incorporations Constitution Regulations 1994. The Incorporation was ordered to hold a new election.

Download Neho - Muriwhenua Incorporation (102 KB PDF) here. read more

The Interim Report on the MV Rena and Motiti Island Claims

The Interim Report on the MV Rena and Motiti Island Claims (Pre-publication)

Waitangi Tribunal (Wai 2391, 2393, 2014)

The Waitangi Tribunal inquired urgently into claims about the Crown response to the grounding of the MV Rena. The Tribunal issued an interim report in July 2014 which found that the Crown’s consultation process breached the principles of the Treaty of Waitangi. 

Download The Interim Report on the MV Rena and Motiti Island Claims (pre-publication version) here (2.3 MB PDF). read more