November 2014 Whiringa-ā-rangi – Contents

General Election - Te Pōtitanga Whānui

2014 General Election and government formation

High Court - Te Kōti Matua

High Court appoints Māori trustees to dysfunctional Crown Forestry Rental TrustNew Zealand Māori Council & Ors v Foulkes & Ors [2014] NZHC 2757

Māori Appellate Court - Te Kōti Pira Māori

Special Aid - special circumstances justifying an award being granted retrospectively - Te Rūnanga o Ngāti Hine v Te Rūnanga a Iwi o Ngāpuhi - Special Aid [2014] 2014 Māori Appellate Court MB 133

Jurisdiction - Court has jurisdiction to award equitable remedies - Mikaere-Toto v Te Reti B and C Residue Trust - Te Reti B and Te Reti C [2014] 2014 Māori Appellate Court MB 249

Māori Land Court - Te Kōti Whenua Māori

Jurisdiction – Court can hear claims for relief relating to Crown land or General land – Trustees of Te Waiti 2C2 v Allison - Te Waiti No2C No2 (2014) 107 Waiariki MB 115 (107 WAR 115)

Injunction – refused - no serious question to be tried - Falwasser v Olsen - Matata Parish 6A (2014) 107 Waiariki MB 74 (107 WAR 74)

Chief Judge's powers – application of "ten pound rule" not erroneous – Scott - Erueti Te Karu [2014] Chief Judge's MB 260

Rehearing – the Court could not be satisfied the applicant was notified of the original application - Kaka v Ruapehu District Council - Ohura South N2E1B (2014) 328 Aotea MB 176 (328 AOT 176)

Rehearing – application declined as it was evident the earlier orders would be affirmed - Fisher v Potroz - Mohakatino Paraninihi No 1C West 3A2 (2014) 328 Aotea MB 225 (328 AOT 225)

Succession – adoptive brother entitled to further interests consistent with earlier decision - Wawatai (Tate) - Te Raana Waiti (2014) 88 Taitokerau MB 233 (88 TTK 233)

Trusts – ahu whenua – partial termination granted - Moetara - Pakanae 2Y3A (2014) 88 Taitokerau MB 242 (88 TTK 242)

Trusts – partial termination, constitution of ahu whenua trust, appointment of trustees – The Māori Trustee v O'Rorke - Pukekohatu 7B (2014) 329 Aotea MB 79

Trusts - preliminary determination as to whether the doctirne of estoppel applies - Waaka - Te Manawa o Tuhoe A block (2014) 103 Waiariki MB 2

Trusts - review of trust and meetings - owners followed correct procedure - Morris - Ngapini and Tarawa Trust (2014) 36 Takitimu MB 186

Trusts – removal of trustees – attempt to stop a mortgagee sale – Moanaroa v Ruwhiu - The Kaiawhina Trust (2014) 91 Taitokerau MB 29 (91 TTK 29)

Trusts – inappropriate to allow application for appointment of trustees to be withdrawn - Graham - Waihou-Hutoia X Māori Reservation (Piki Te Aroha Marae) (2014) 88 Taitokerau MB 258 (88 TTK 258)

Title and occupation – recovery of possession, permanent injunction and compensation - Trustees of Ihaka Whaanga Whānau Trust v Whaanga - Town Section 90 Mahia and Town Section 91 Mahia (2014) 42 Tairāwhiti MB 292

Occupation orders - orders for housing purposes only - Davis - Ahipara A8B (2014) 88 Taitokerau MB 186

Waitangi Tribunal - Te Rōpū Whakamana i Te Tiriti o Waitangi

Treaty of Waitangi signatories did not cede sovereignty in February 1840 - He Whakaputanga me te Tiriti: the Declaration and the Treaty (2014, Wai 1040)

He Whakaputanga me te Tiriti: the Declaration and the Treaty - sovereignty in February 1840 - comment by Professor D V Williams

Urgent Waitangi Tribunal inquiries - Ngāpuhi mandate and Whanganui River applications - by Dr Carwyn Jones

Indigenous Law Speaker Series 2014

Rangatahi Courts of Aotearoa New Zealand - an update - Judge Heemi Taumaunu

Māori Law Review news

Exploring Māori legal traditions: Te hōpara i ngā tikanga ture Māori - Māori Law Review co-editor Dr Carwyn Jones has been awarded a Marsden Fund Fast-Start Grant. He will focus on identifying Māori legal principles from a range of cultural expressions such as waiata (songs), whakairo (carvings), karakia (prayers/chants), and kōrero pūrākau (stories)

Prestigious Canada Research Chair - Māori Law Review consultant editor Professor John Borrows has been named Canada Research Chair in Indigenous Law

All Souls College Examination Fellowship - Māori Law Review contributor Max Harris has been elected an Examination Fellow at All Souls College, Oxford

Sir Edward Taihakurei Durie student essay competition 2014 - Anna Brenstrum, an undergraduate law student at Otago University, has won the 2014 competition

Student editor 2015 - Toni Love is our next student editor

Research on Te Ture Whenua Māori Act 1993 - Nathalie Harrington (Summer Research Scholar) and Stevie-Rae Hart (Research Assistant) will be working with us on a project over Summer looking at the jurisprudence of the Māori Land Court under Te Ture Whenua Māori Act 1993

Print version

Download the Māori Law Review November 2014 (804 KB PDF).


2014 General Election and government formation

The Electoral Commission released on 4 October the final results of the 20 September 2014 general election. read more

High Court appoints Māori trustees to dysfunctional Crown Forestry Rental Trust – New Zealand Māori Council

New Zealand Māori Council & Ors v Foulkes & Ors

High Court - Te Kōti Matua o Aotearoa

[2014] NZHC 2757

6 November 2014

The High Court appointed two new Māori trustees and four alternate Māori trustees to the Crown Forestry Rental Trust after lengthy litigation as to the Trust’s administration, and the trustees’ powers and duties.

Download New Zealand Māori Council & Ors v Foulkes & Ors here (438 KB PDF). read more

Special Aid – special circumstances justifying an award being granted retrospectively – Te Rūnanga o Ngāti Hine

Te Rūnanga o Ngāti Hine v Te Rūnanga a Iwi o Ngāpuhi - Special Aid

[2014] 2014 Māori Appellate Court MB 133 (2014 APPEAL 133)

15 July 2014

Te Rūnanga o Ngāti Hine applied for Special Aid in relation to attendances before the Court. The application for Special Aid was filed well after the proceedings were complete. The application was granted as the Court was satisfied that there were special circumstances justifying an award being made despite the application being filed after the proceedings had concluded.

Download Te Rūnanga o Ngāti Hine v Te Rūnanga a Iwi o Ngāpuhi - Special Aid (122 KB PDF) here. read more

Jurisdiction – Court has jurisdiction to award equitable remedies – Mikaere-Toto

Mikaere-Toto v Te Reti B and C Residue Trust - Te Reti B and Te Reti C

[2014] 2014 Māori Appellate Court MB 249 (2014 APPEAL 249)

1 October 2014

Ms Mikaere-Toto appealed against the lower Court’s preliminary determination that the Māori Land Court has jurisdiction to award equitable remedies. Appeal dismissed.

Download Mikaere-Toto v Te Reti B and C Residue Trust - Te Reti B and Te Reti C (297 KB PDF) here. read more

Jurisdiction – Court can hear claims for relief relating to Crown land or General land – Trustees of Te Waiti 2C2

Trustees of Te Waiti 2C2 v Allison - Te Waiti No2C No2

Māori Land Court (2014) 107 Waiariki MB 115 (107 WAR 115)

12 November 2014

Applications for a grant of relief in relation to a wrongly placed structure and for specific performance of a contractual agreement. Both applications related to Crown land. The Court considered it has jurisdiction to hear the claim for relief but not the specific performance claim.

Download Trustees of Te Waiti 2C2 v Allison - Te Waiti No2C No2 (245 KB PDF) here.

read more

Injunction – refused – no serious question to be tried – Falwasser

Falwasser v Olsen - Matata Parish 6A

Māori Land Court (2014) 107 Waiariki MB 74 (107 WAR 74)

3 November 2014

Application for an interim injunction to prevent the trustees of Matata Parish Lot 6A Ahu Whenua Trust from entering into a lease with the Whakatāne District Council. The application was dismissed as the trustees have the power to enter into the lease.

Download Falwasser v Olsen - Matata Parish 6A (149 KB PDF) here.

read more

Chief Judge’s powers – application of “ten pound rule” not erroneous – Scott

Scott - Erueti Te Karu

Māori Land Court [2014] Chief Judge's MB 260 (2014 CJ 260)

17 June 2014

Application for exercise of Chief Judge's powers dismissed. A decision by the Court in 1967 vesting interests in land in one beneficiary to the exclusion of others was within the Court's jurisdiction.

Download Scott - Erueti Te Karu here (196 KB PDF). read more

Rehearing – the Court could not be satisfied the applicant was notified of the original application – Kaka

Kaka v Ruapehu District Council - Ohura South N2E1B

Māori Land Court (2014) 328 Aotea MB 176 (328 AOT 176)

18 November 2014

Mr Kaka sought a rehearing of an application for a charging order over Ohura South N2E1B. The application was granted as there was no irrefutable evidence proving whether Mr Kaka was notified of the application.

Download Kaka v Ruapehu District Council - Ohura South N2E1B (195 KB PDF) here. read more

Rehearing – application declined as it was evident the earlier orders would be affirmed – Fisher

Fisher v Potroz - Mohakatino Paraninihi No 1C West 3A2

Māori Land Court (2014) 328 Aotea MB 225 (328 AOT 225)

21 November 2014

Application for rehearing declined. The Court considered that to grant a rehearing would simply allow the applicants an opportunity to be heard in circumstances where the substantive outcome would not alter.

Download Fisher v Potroz - Mohakatino Paraninihi No 1C West 3A2 (209 KB PDF) here. read more

Succession – adoptive brother entitled to further interests consistent with earlier decision – Wawatai

Wawatai (Tate) - Te Raana Waiti

Māori Land Court (2014) 88 Taitokerau MB 233 (88 TTK 233)

7 October 2014

Application for succession to further interests. The Court is in general bound to decide cases consistently with earlier decisions on the same matter and following binding precedent.

Download Wawatai (Tate) - Te Raana Waiti (108 KB PDF) here. read more

Trusts – partial termination, constitution of ahu whenua trust, appointment of trustees – The Māori Trustee v O’Rorke

The Māori Trustee v O'Rorke - Pukekohatu 7B

Māori Land Court (2014) 329 Aotea MB 79 (329 AOT 79)

28 November 2014

Partial termination of an ahu whenua trust. Pukekohatu 7B was revested in its beneficial owners and the Pukekohatu 7B Trust was constituted pursuant to s 215 of Te Ture Whenua Māori Act 1993, to which the Māori Trustee was appointed responsible trustee. This outcome was found to provide a practical solution to competing uses of land and allowed for retention of the land in the owners' hands while allowing use and development in accordance with the parties' wishes.

Download The Māori Trustee v O'Rorke - Pukekohatu 7B here (309 KB PDF). read more

Trusts – preliminary determination as to whether the doctrine of estoppel applies – Waaka

Waaka - Te Manawa o Tuhoe A block

Māori Land Court  (2014) 103 Waiariki MB 2 (103 WAR 2)

25 August 2014

Preliminary determination as to whether estoppel applies as the applicant was privy to the earlier decision. As the applicant only had limited involvement the doctrine of estoppel does not apply.

Download Waaka - Te Manawa o Tuhoe A block  here (266 KB PDF). read more

Trusts – owners followed correct procedure – Morris

Morris - Ngapini and Tarawa Trust

Māori Land Court (2014) 36 Takitimu MB 186 (36 TKT 186)

25 November 2014

Applications for various orders following a review of the Ngapini and Tarawa Trust. A meeting of owners was held and a number of resolutions were unanimously passed. After the meeting a number of objections were raised as to the validity of the procedure followed at the meeting. The Court found the meeting was convened and run correctly and orders were made giving effect to the resolutions passed.

Download Morris - Ngapini and Tarawa Trust (226 KB PDF) here. read more

Trusts – ahu whenua – partial termination granted – Moetara

Moetara - Pakanae 2Y3A

Māori Land Court (2014) 88 Taitokerau MB 242 (88 TTK 242)

8 October 2014

Pakanae 2Y3A was administered as part of the Ngā Uri o Iehu Moetara Ahu Whenua Trust. The Court granted an application to partially terminate the trust and change the status of the land to Māori Freehold land. The land was then vested in a whānau trust.

Download Moetara - Pakanae 2Y3A (144 KB PDF) here. read more

Trusts – removal of trustees – attempt to stop a mortgagee sale – Moanaroa

Moanaroa v Ruwhiu - The Kaiawhina Trust

Māori Land Court (2014) 91 Taitokerau MB 29 (91 TTK 29)

19 November 2014

Exparte application for the removal and replacement of the trustees of the Kaiawhina Trust. In dismissing the application the Court noted it was unclear whether the applicants were beneficiaries of the Trust and that grounds were not made out for the Court to intervene.

Download Moanaroa v Ruwhiu - The Kaiawhina Trust (128 KB PDF) here. read more

Trusts – inappropriate to allow application for appointment of trustees to be withdrawn – Graham

Graham - Waihou-Hutoia X Māori Reservation (Piki Te Aroha Marae)

Māori Land Court (2014) 88 Taitokerau MB 258 (88 TTK 258)

8 October 2014

An application was made for the appointment of trustees following an election process. Later there was an attempt to withdraw this on the basis the elections breached the Marae Charter.  The Court decided it would be inappropriate to allow the application to be withdrawn and proceeded to rule the elections did not breach the marae charter. Trustees were appointed.

Download Graham - Waihou-Hutoia X Māori Reservation (Piki Te Aroha Marae) (176 KB PDF) here. read more

Title and occupation – recovery of possession, permanent injunction and compensation – Trustees of Ihaka Whaanga Whānau Trust v Whaanga

Trustees of Ihaka Whaanga Whānau Trust v Whaanga - Town Section 90 Mahia and Town Section 91 Mahia

Māori Land Court (2014) 42 Tairāwhiti MB 292 (42 TRW 292)

9 October 2014

Successful application for orders granting return of land wrongfully occupied, a permanent injunction against the respondent, and various other orders relating to compensation and payment of rates and rental in arrears.

Download Trustees of Ihaka Whaanga Whānau Trust v Whaanga - Town Section 90 Mahia and Town Section 91 Mahia here (201 KB PDF). read more

Occupation orders – orders for housing purposes only – Davis

Davis - Ahipara A8B

Māori Land Court (2014) 88 Taitokerau MB 186 (2014 TTK 186)

3 October 2014

Application for an occupation order for Ahipara A8B. Application supported by other owners of the land. Occupation order granted, but for a lesser site than was requested.

Download Davis - Ahipara A8B here. read more

Waitangi Tribunal finds Treaty of Waitangi signatories did not cede sovereignty in February 1840

He Whakaputanga me te Tiriti: the Declaration and the Treaty

Waitangi Tribunal (2014, Wai 1040)

The Waitangi Tribunal has released its report He Whakaputanga me te Tiriti: the Declaration and the Treaty about the meaning of the Treaty of Waitangi in February 1840 when it was first signed. The Tribunal's report has been made as the first stage of its inquiry into claims made in its Te Paparahi o te Raki (the great land of the north) district inquiry.

Download He Whakaputanga me te Tiriti: the Declaration and the Treaty here.

read more

He Whakaputanga me te Tiriti: the Declaration and the Treaty – sovereignty in February 1840 – comment

He Whakaputanga me te Tiriti: the Declaration and the Treaty

Waitangi Tribunal (Wai 1040, 2014)

Professor David V Williams looks at the Waitangi Tribunal's report about the meaning of the Treaty of Waitangi in February 1840 when it was first signed: He Whakaputanga me te Tiriti: the Declaration and the Treaty.

Download He Whakaputanga me te Tiriti: the Declaration and the Treaty here. read more

Urgent Waitangi Tribunal inquiries – Ngāpuhi mandate and Whanganui River applications

Ngāpuhi mandate applications

Waitangi Tribunal (2014 Wai 2341, Wai 2429, Wai 2431, Wai 2433, Wai 2434, Wai 2435, Wai 2436, Wai 2437, Wai 2438, Wai 2440, Wai 2442, and Wai 2443)

12 September 2014

Whanganui River Settlement applications

Waitangi Tribunal (2014 Wai 2428 and Wai 2432)

22 September 2014

The Waitangi Tribunal issued two decisions on applications for urgent hearings of claims that sought to challenge aspects of the process for the negotiation and settlement of historical Treaty claims. One concerned recognition of a mandate to negotiate a settlement of Ngāpuhi’s historical claims. The other concerned the proposed settlement of a number of claims about the Whanganui River. read more

Rangatahi Courts of Aotearoa New Zealand – an update

His Hon Judge Heemi Taumaunu

Ngāti Pōrou, Ngāi Tahu

Hoani Waititi Rangatahi Court Judge - Waitākere [1]

In September 2014 Judge Heemi Taumaunu delivered a seminar for the Māori Law Review’s Indigenous Law Speaker Series on key factors in the successful operation of the Rangatahi Courts. Judge Taumaunu presided over the first marae-based youth court, Te Kooti Rangatahi, in Gisborne in 2008. Since 2008, eleven other Rangatahi Courts have been launched around the country. The objective of these courts is to reduce reoffending by Māori youth and to provide the best possible rehabilitative response, by encouraging strong cultural links and meaningful involvement of whānau, hapū and iwi in the youth justice process. Judge Taumaunu is the National Rangatahi Courts Liaison Judge.  read more