January 2015 Kohi-tātea – Contents

Māori Appellate Court - Te Kōti Pīra Māori

Chief Judge’s powers – no error of law or jurisdiction in order creating roadway over Māori reservation – The Trustees of the Tauwhao Te Ngare Trust v Shaw [2014] Māori Appellate Court MB 394

Māori Land Court - Te Kōti Whenua Māori

Injunctions

Injunction – granted in part - respondents allowed to occupy land until substantive hearing - Joe Atama Adams Pomare Whānau Trust v Adams - Waiaua A1C (2014) 93 Taitokerau MB 253 (93 TTK 253)

Trusts: 

Partial termination of whānau trust refusedLarkins v Hurae and Ngawaiata Whānau Trust - Waihou Hutoia D2A (2015) 94 Taitokerau MB 120

Appointment of trustees - following 14 years of interim trusteeship – Paora - Te Tii Waitangi A (Waitangi Marae) (2015) 94 Taitokerau MB 134

Appointment of trustees – appointment delayed in light of allegations of impropriety – Kīngi v Eru - Whakapoungakau 24 (2014)

Appointment of trustees  – election in accordance with marae charter – Bigham v Budd - Waiokura Marae and Reserves Trust (2014) 331 Aotea MB 151

Australia - Federal Circuit Court

Family law - parenting orders - relocation - connection to indigenous community - Chesterfield & Brent [2014] FCCA 787


Chief Judge’s powers – no error of law or jurisdiction in order creating roadway over Māori reservation – The Trustees of the Tauwhao Te Ngare Trust v Shaw

The Trustees of the Tauwhao Te Ngare Trust v Shaw

Māori Appellate Court [2014] Māori Appellate Court MB 394 (2014 APPEAL 394)

23 December 2014

Partially successful appeal against a decision of the Chief Judge to refuse to cancel an order creating a roadway on Rangiwaea Island unless certain conditions were met. It was not in the interests of justice for the order to be cancelled.

Download The Trustees of the Tauwhao Te Ngare Trust v Shaw here (374 KB PDF). read more

Injunction – granted in part – respondents allowed to occupy land until substantive hearing – Adams

Joe Atama Adams Pomare Whānau Trust v Adams - Waiaua A1C

Māori Land Court (2014) 93 Taitokerau MB 253 (93 TTK 253)

23 December 2014

The applicant trust sought an injunction against the Atama whānau preventing the whānau from undertaking any further building work on or occupying Waiaua A1C block. The Court granted an interim injunction preventing the Atama whānau from undertaking any further building work on the block, but considered the interests of justice did not require an interim injunction preventing the Atama whānau from occupying the block pending the substantive hearing.

Download Joe Atama Adams Pomare Whānau Trust v Adams - Waiaua A1C (189 KB PDF) here. read more

Trusts – appointment of trustees following 14 years of interim trusteeship – Paora

Paora - Te Tii Waitangi A (Waitangi Marae)

Māori Land Court (2015) 94 Taitokerau MB 134 (94 TTK 134)

16 January 2015

The appointment of eight responsible trustees as well as the reappointment of two of the interim trustees brought an end to almost 14 years of interim trusteeship of the marae reservation.

Download Paora - Te Tii Waitangi A (Waitangi Marae) here (307 KB PDF). read more

Trusts – partial termination of whānau trust refused – Larkins v Hurae and Ngawaiata Whānau Trust

Larkins v Hurae and Ngawaiata Whānau Trust - Waihou Hutoia D2A

Māori Land Court (2015) 94 Taitokerau MB 120 (94 TTK 120)

15 January 2015

Application to partially terminate a whānau trust dismissed. Submissions in favour of the application were contrary to the scheme of Te Ture Whenua Māori Act 1993. The Act makes it plain that the land, money and assets of a whānau trust are held for the descendants of the named tupuna and there is no provision that allows original donors to retain beneficial ownership. The purpose of whānau trusts is to move beyond individual interests and closer to traditional concepts.

Download Larkins v Hurae and Ngawaiata Whānau Trust - Waihou Hutoia D2A here (228 KB PDF). read more

Appointment of trustees – appointment delayed in light of allegations of impropriety – Kīngi v Eru

Kīngi v Eru - Whakapoungakau 24

Māori Land Court (2014) 111 Waiāriki MB 20 (111 WAR 20)

24 December 2014

Applicant alleged, but did not provide cogent evidence of, serious impropriety in the election of three nominees. Applicant given until 30 January 2015 to file evidence in support of the allegations. Failing that, the nominees will be appointed on that day.

Download  Kīngi v Eru - Whakapoungakau 24 here (145 KB PDF). read more

Appointment of trustees – election in accordance with marae charter – Bigham

Bigham v Budd - Waiokura Marae and Reserves Trust

Māori Land Court (2014) 331 Aotea MB 151 (331 AOT 151)

24 December 2014

Nominees appointed as trustees of Waiokura marae.

Download  Bigham v Budd - Waiokura Marae and Reserves Trust here (153 KB PDF). read more

Family law – parenting orders – relocation – connection to indigenous community – Chesterfield

Chesterfield & Brent

Federal Circuit Court of Australia [2014] FCCA 787

30 April 2014

Successful application by a father in the Federal Circuit Court of Australia preventing the mother from relocating with their children from Victoria to Western Australia. The Court considered, amongst other factors, that the children’s ties and involvement with their aboriginal community in Victoria were of “real significance”.

Download Chesterfield & Brent here (244KB PDF). read more