December 2014 Hakihea – Contents

Māori Appellate Court - Te Kōti Pīra Māori

2014 Māori Appellate Court judgments - index

Māori Land Court - Te Kōti Whenua Māori

2014 Māori Land Court judgments - index

Ownership of land – land a public road – Trustees of Paenoa Te Akau Trust v Taupō District Council - Paenoa Te Akau (2014) 108 Waiariki MB 261 (108 WAR 261)

Chief Judge's powers – orders vesting urupā cancelled – Te Rūnanga o Ngāti Awa v Paul - Otara o Muturangi [2014] Chief Judge's MB 615

Chief Judge's powers - application to amend or cancel succession order granted - McCallum v The Maori Trustee of Whanganui - Estate of Ngapiki Waaka Hakaraia (2014) 2014 Chief Judge's MB 541

Status of land – no change to General land to facilitate sale - Skudder - Tahorakuri A No 1 Sec 8B and Lot 1 DP South Auckland 63822 (2014) 109 Waiariki MB 203

Incorporations - new election called for committee of management due to invalid election - Hutchison - Torere 64 Incorporation (2014) 109 Waiariki MB 260

Incorporations - licence to occupy - objective approach to dealings - Pohatu v Muriwhenua Incorporation - Te Hapua 42 (2014) 91 Taitokerau MB 251

Partition - hybrid partition for all owners - Heta - Taiharuru 4C3B (2014) 88 Taitokerau MB 136

Partition - insufficient support and unnecessary - MacDonald v MacDonald - Wairau Blk.XII Sec. 6C 2C (2014) 27 Te Waipounamu MB 68

Partition, ownership - conditional partition upheld - Morrison - Te Kaha No.2C Block (2014) 105 Waiariki MB 183

Trusts – Court will not interfere where trustee adheres to trust order and acts prudently – Albert v Te Tumu Paeroa - Omaio 39 (2014) 110 Waiariki MB 119

Injunction – no jurisdiction to grant injunctive relief - Hettig v ANZ Bank of New Zealand Ltd - Lot 1 Deposited Plan 158328, CT NA95A/121 (2014) 93 Taitokerau MB 238 (93 TTK 238)

Roadway – land never proclaimed as a roadline remains Māori land - Rice - Part Rangiuru No2A Roadway (2014) 107 Waiariki MB 148 (107 WAR 148)

Waitangi Tribunal - Te Rōpū Whakamana i Te Tiriti o Waitangi

Crown review of Māori Community Development Act and Māori Wardens breaches Treaty principlesWhaia te Mana Motuhake / In Pursuit of Mana Motuhake: Report on the Māori Community Development Act Claim (Wai 2417, 2014)

Taonga waterways - Lake Waikaremoana - Te Urewera Part 5 (Wai 894. 2014)

Legislation - Ngā Whakaturetanga

Treaty settlement legislation before the House of Representatives in 2014 - Dr Carwyn Jones

United Nations Permanent Forum on Indigenous Issues

Indigenous Peoples’ Good Governance, Human Rights and Self-Determination in the Second Decade of the New Millennium – A Māori Perspective by Dr Robert Joseph

Print version

Download the Māori Law Review December 2014 (667 KB PDF).


2014 Māori Appellate Court judgments – index

This table lists the 2014 judgments of the Māori Appellate Court and contains links to reports about the decisions. read more

2014 Māori Land Court judgments – index

This table lists the 2014 judgments of the Māori Land Court and contains links to reports about the decisions. read more

Ownership of land – land a public road – Trustees of Paenoa Te Akau Trust

Trustees of Paenoa Te Akau Trust v Taupō District Council - Paenoa Te Akau

Māori Land Court (2014) 108 Waiariki MB 261 (108 WAR 261)

1 December 2014

The trustees of the Paenoa Te Akau Trust applied for a determination of ownership of Tupara Road. The applicants claimed the roadway was cancelled in 1961 and reverted to being Māori freehold land. The Court found that the roadway was cancelled under the Māori Purposes Act 1975 (Part III). That Act had the effect of reviving Tupara Road as a public road.

Download Trustees of Paenoa Te Akau Trust v Taupō District Council - Paenoa Te Akau (225 KB PDF) here. read more

Chief Judge’s powers – orders vesting urupā cancelled – Te Rūnanga o Ngāti Awa v Paul

Te Rūnanga o Ngāti Awa v Paul - Otara o Muturangi

Māori Land Court [2014] Chief Judge's MB 615 (2014 CJ 615)

2 December 2014

Successful application seeking the cancellation of orders made in 1963 vesting Otara o Muturangi in trustees exclusively for the benefit of Ngāti Rangitihi. The Court had erred in law by not making full inquiries to determine the beneficiaries before making the orders.

Download Te Rūnanga o Ngāti Awa v Paul - Otara o Muturangi here once available (951 KB PDF). read more

Chief Judge’s powers – application to amend or cancel succession order granted – McCallum

McCallum v The Maori Trustee of Whanganui - Estate of Ngapiki Waaka Hakaraia

Māori Land Court (2014) 2014 Chief Judge's MB 541 (2014 CJ 541)

2 December 2014

The Court cancelled the previous succession order and vested the entire estate in Ngapiki Haaka Hakaraia's grandaughter.

Download McCallum v The Maori Trustee of Whanganui - Estate of Ngapiki Waaka Hakaraia here (215 KB PDF). read more

Status of land – no change to General land to facilitate sale – Skudder

Skudder - Tahorakuri A No 1 Sec 8B and Lot 1 DP South Auckland 63822

Māori Land Court (2014) 109 Waiariki MB 203 (109 WAR 203)

5 December 2014

Application for a change of status from Māori freehold land to General land to facilitate sale refused. There was no evidence to show that the land would be more effectively managed or utilised as General land.

Download Skudder - Tahorakuri A No 1 Sec 8B and Lot 1 DP South Auckland 63822  here (10.9 MB PDF). read more

Incorporations – new election called for committee of management due to invalid election – Hutchison

Hutchison - Torere 64 Incorporation

Māori Land Court (2014) 109 Waiariki MB 260 (109 WAR 260)

10 December 2014

Application to uphold election process and confirm appointment of next highest polling candidates to committee of management following an invalid election. Application denied and new election ordered.

Download Hutchison - Torere 64 Incorporation here (142 KB PDF). read more

Incorporations – licence to occupy – objective approach to dealings – Pohatu

Pohatu v Muriwhenua Incorporation - Te Hapua 42

Māori Land Court (2014) 91 Taitokerau MB 251 (91 TTK 251)

5 December 2014

A dispute arose over whether the applicant and her whānau were able to combine four licences to occupy into one two-acre papakainga area. The Incorporation responsible for granting the licences was concerned that it may set an unhelpful precedent if a family was able to do so. Taking an objective approach to the dealings between the parties, the Court found that the agreement was that the licence sites could be occupied as one.

Download Pohatu v Muriwhenua Incorporation - Te Hapua 42 (194 KB PDF) here. read more

Partition – hybrid partition for all owners – Heta

Heta - Taiharuru 4C3B

Māori Land Court (2014) 88 Taitokerau MB 136 (88 TTK 136)

3 October 2014

Application for partition order. The Court had previously adjourned the application so that the owners could discuss the possibility of a hybrid partition. This was agreed to by the owners. The application was again adjourned so that orders giving effect to the hybrid partition could be drafted.

Download Heta - Taiharuru 4C3B (115 KB PDF) here.

read more

Partition – insufficient support and unnecessary – MacDonald

MacDonald v MacDonald - Wairau Blk.XII Sec. 6C 2C

Māori Land Court (2014) 27 Te Waipounamu MB 68 (27 TWP 68)

15 October 2014

Application for partition order. Application dismissed where there was insufficient support for the proposal and partition was not reasonably necessary.

Download MacDonald v MacDonald - Wairau Blk.XII Sec. 6C 2C (141 KB PDF) here. read more

Partition, ownership – conditional partition upheld – Morrison

Morrison - Te Kaha No.2C Block

Māori Land Court (2014) 105 Waiariki MB 183 (105 WAR 183)

9 October 2014

Application for partition order. The Court upheld the previous granting of a conditional partition as the circumstances had not changed. Applicant also applied to determine ownership of existing and "proposed" dwellings on the land. Applicant was granted ownership of existing dwellings.

Download Morrison - Te Kaha No.2C Block (206 KB PDF) here. read more

Trusts – Court will not interfere where trustee adheres to trust order and acts prudently – Albert v Te Tumu Paeroa

Albert v Te Tumu Paeroa - Omaio 39

Māori Land Court (2014) 110 Waiariki MB 119 (110 WAR 119)

19 December 2014

Applicant sought an order requiring the Māori Trustee to distribute money held on trust for the beneficiaries. The Māori Trustee was only willing to distribute a smaller sum than that desired by the applicant. The Māori Trustee was acting prudently and was adhering to the trust order. Application dismissed.

Download Albert v Te Tumu Paeroa - Omaio 39 here when available. read more

Injunction – no jurisdiction to grant injunctive relief – Hettig

Hettig v ANZ Bank of New Zealand Ltd - Lot 1 Deposited Plan 158328, CT NA95A/121

Māori Land Court (2014) 93 Taitokerau MB 238 (93 TTK 238)

23 December 2014

Mr Hettig filed an interlocutory ex-parte application seeking an injunction against ANZ Bank. The application was dismissed as the Court was not satisfied there was jurisdiction for injunctive relief in this case. Further, Mr Hettig had failed to show there was a serious question to be tried and the balance of convenience and overall justice lay with the bank.

Download Hettig v ANZ Bank of New Zealand Ltd - Lot 1 Deposited Plan 158328, CT NA95A/121 (220 KB PDF) here. read more

Roadway – land never proclaimed as a roadline remains Māori land – Rice

Rice - Part Rangiuru No2A Roadway

Māori Land Court (2014) 107 Waiariki MB 148 (107 WAR 148)

17 November 2014

Mr Rice sought a determination of ownership of Part Rangiuru No 2A Roadway. The order setting apart the roadway was cancelled with the Court directing that the land would be vested in Mr Rice if no further submissions were received.

Download Rice - Part Rangiuru No2A Roadway (162 KB PDF) here.

read more

Crown review of Māori Community Development Act and Māori Wardens breaches Treaty principles

Whaia te Mana Motuhake / In Pursuit of Mana Motuhake: Report on the Māori Community Development Act Claim

Waitangi Tribunal (Wai 2417, 2014)

5 December 2014 (pre-publication version)

The Waitangi Tribunal has released its report into the Crown’s review of the Māori Community Development Act 1962 and the role of Māori Wardens. The Tribunal has found that the review processes breached the principles of the Treaty of Waitangi.

Download Whaia te Mana Motuhake / In Pursuit of Mana Motuhake: Report on the Māori Community Development Act Claim (PDF, 3.18MB) here. read more

Taonga waterways – Lake Waikaremoana – Te Urewera inquiry (Part 5)

Te Urewera Part 5

Waitangi Tribunal (Wai 894. 2014)

12 December 2014 (pre-publication edition)

In the fifth part of its report on the district inquiry into Te Urewera claims the Waitangi Tribunal has made findings about Treaty claims in respect of the taonga waterway Lake Waikaremoana.

Download Te Urewera Part 5 (pre-publication edition) here (2.1 MB PDF) read more

Treaty settlement legislation before the House of Representatives in 2014

2014 continued the trend of recent years. A number of major pieces of settlement legislation made significant progress through the legislative process.  In 2014 this included the enactment of settlement legislation for iwi from Te Tau Ihu (the Northern South Island), Hawke’s Bay, Bay of Plenty, and Waikato regions. Also of note: Te Urewera Act 2014 was enacted. This provides for ground-breaking new governance arrangements for Te Urewera. Secondly, the enactment of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014. This gives effect to a new framework for the governance of iconic sites within the Auckland area. read more

Indigenous Peoples’ Good Governance, Human Rights and Self-Determination in the Second Decade of the New Millennium – A Māori Perspective

Indigenous Peoples’ Good Governance, Human Rights and Self-Determination in the Second Decade of the New Millennium – A Māori Perspective

The United Nations Permanent Forum on Indigenous Issues, Thirteenth Session on Good Governance and Human Rights, New York, 12-23 May 2014

Address by Dr Robert Joseph[1] of Te Mata Hautū Taketake – the Māori and Indigenous Governance Centre, University of Waikato, New Zealand read more