February 2015 Hui tanguru – Contents

Court of Appeal - Te Kōti Pīra

Equity and trusts - private law obligations not owed; standing to bring claims - Proprietors of Wakatū v Attorney-General [2014] NZCA 628

Judicial Review – Appeal – registration of wāhi tapu – extension of boundary - Waikanae Christian Holiday Park Incorporated v New Zealand Historic Places Trust Maori Heritage Council [2015] NZCA 23

Procedure - leave to appeal refused - Rangitukunoa v Koning [2015] NZCA 24

High Court - Te Kōti Matua

Takutai moana - procedure - amended application - further notification - Re Tipene [2015] NZHC 169

Māori Land Court - Te Kōti Whenua Māori

Status of land - change from general land to Māori freehold land - Owhetu Block Charitable Trust - Lot 1 Deposited Plan 427145 (2015) 98 Taitokerau MB 242

Ownership determination - rightful owner of transferred shares - Trustees of the Horina Nepia & Te Hiwi Piahana Whānau Trust v Ngāti Tukorehe Tribal Committee & Tahamatā Incorporation (2014)314 Aotea MB 159

Injunction - interim injunction preventing a grant of a lease declined - Paerau - Te Komiti 1B2B2 Ahu Whenua Trust (2015) 95 Taitokerau MB 280

Injunction – no equitable relief where applicant arbitrarily refused to engage in processes – Trustees of Maungatautari 4G Section IV Block v Maungatautari Ecological Island Trust - Maungatautari 4G Section IV Block (2014) 90 Waikato Maniapoto MB 291

Injunction – no evidence of actual or potential breach of trustee duties – Smith v The Māori Trustee - Waipaoa 5A2 Block (2014) 44 Tairāwhiti MB 104

Costs - award made for a reasonable contribution to the costs actually and reasonably incurred - Smith v The Proprietors of Mangaroa and other blocks (2015) 113 Waiariki MB 1

Trusts - approval of a majority of trustees granting a lease and a mortgage - Tane – Te Tii (Waitangi) B3 (2015) 95 Taitokerau MB 261

He poroporoaki - farewell

Professor Alan Dudley Ward - by Dr D M Loveridge

Sir Edward Taihakurei Durie student essay competition 2014

Not giving ground: Patricia Grace’s successful opposition to compulsory acquisition of her ancestral land - Anna Brenstrum

Print version

Download the Māori Law Review February 2015 (574 KB PDF).


Equity and trusts – private law obligations not owed; standing to bring claims – Proprietors of Wakatū v Attorney-General

Proprietors of Wakatū v Attorney-General

Court of Appeal [2014] NZCA 628

19 December 2014

This case was about the creation and operation of land subject to the Nelson Tenths Trust. In the High Court Wakatū Incorporation (“Wakatū”) unsuccessfully sought a declaration that the Crown had breached duties owed to Wakatū as trustee or in equity relating to the Nelson Tenths Trust lands.  The High Court concluded that no express trust existed and further determined that the plaintiffs did not have standing to bring the claim for a fiduciary duty. The plaintiffs appealed.

On appeal, the second appellant had standing to institute the proceeding. This flowed from his status as a rangatira under custom; no representative order was required. Appeal allowed on this ground. The other appellants did not have standing to bring the proceeding.

The Crown did not owe private trust or equitable obligations to the appellants. Appeal on this ground dismissed.

Download Proprietors of Wakatū v Attorney-General here (1 MB PDF). read more

Judicial Review – Appeal – registration of wāhi tapu – extension of boundary – Waikanae Christian Holiday Park Incorporated

Waikanae Christian Holiday Park Incorporated v New Zealand Historic Places Trust Maori Heritage Council

Court of Appeal - Te Kōti Pira [2015] NZCA 23

3 February 2015

Waikanae Christian Holiday Park appealed unsuccessfully from the High Court's refusal to grant judicial review of a decision by the Māori Heritage Council of the Historic Places Trust extending the boundaries of a registered wāhi tapu area.

Download Waikanae Christian Holiday Park Incorporated v New Zealand Historic Places Trust Maori Heritage Council (632 KB PDF) here. read more

Procedure – leave to appeal refused – Rangitukunoa

Rangitukunoa v Koning

Court of Appeal [2015] NZCA 24

24 February 2015

Application for an extension of time to appeal a decision of the High Court giving effect to a settlement reached between the parties during the course of a hearing. The application was dismissed as the proposed appeal was without merit and the interests of justice did not favour granting an extension of time.

Download Rangitukunoa v Koning (400 KB PDF) here. read more

Takutai moana – procedure – amended application – further notification – Tipene

Re Tipene

High Court - Te Kōti Matua [2015] NZHC 170

13 February 2015

Amended application accepted seeking recognition of customary marine title. Further public notification directed.

Download Re Tipene (384KB PDF). read more

Status of land – change from general land to Māori freehold land – Owhetu Block Charitable Trust

Owhetu Block Charitable Trust - Lot 1 Deposited Plan 427145

Māori Land Court (2015) 98 Taitokerau MB 242 (98 TTK 242)

27 January 2015

Application granted to vest land and declaration made that the land will become Māori freehold land.

Download Owhetu Block Charitable Trust - Lot 1 Deposited Plan 427145 (1.72 MB PDF).

read more

Ownership determination – rightful owner of transferred shares – Trustees of the Horina Nepia & Te Hiwi Piahana Whānau Trust

Trustees of the Horina Nepia & Te Hiwi Piahana Whānau Trust v Ngāti Tukorehe Tribal Committee & Tahamatā Incorporation 

Māori Land Court (2014)314 Aotea MB 159 (314 AOT 159)

8 January 2014

The Court determined that transferred shares were held for collective benefits.

Download Trustees of the Horina Nepia & Te Hiwi Piahana Whānau Trust v Ngāti Tukorehe Tribal Committee & Tahamatā Incorporation here (232 KB PDF). read more

Injunction – interim injunction preventing a grant of a lease declined – Paerau

Paerau - Te Komiti 1B2B2 Ahu Whenua Trust

Māori Land Court (2015) 95 Taitokerau MB 280 (95 TTK 280)

30 January 2015

An application for an interim injunction to prevent a grant of a lease was declined.

Download Paerau - Te Komiti 1B2B2 Ahu Whenua Trust here (1 MB PDF). read more

Injunction – no evidence of actual or potential breach of trustee duties – Smith v The Māori Trustee

Smith v The Māori Trustee - Waipaoa 5A2 Block

Māori Land Court (2014) 44 Tairāwhiti MB 104 (44 TRW 104)

24 December 2014

Application for an injunction dismissed. The applicant was concerned about the actions of the Māori Trustee in leasing the Waipaoa 5A2 Block. There was no evidence of actual or potential breach of trustee duties by the Māori trustee or of risk to the trust.

Download Smith v The Māori Trustee - Waipaoa 5A2 Block here. read more

Costs – award made for a reasonable contribution to the costs actually and reasonably incurred – Smith

Smith v The Proprietors of Mangaroa and other blocks

(2015) 113 Waiariki MB 1 (113 WAR 1)

9 February 2015

Reserved decision on costs following an interim injunction which proceeded in a fashion akin to a defended interlocutory application. The respondents incurred costs of $25,945.00 and were awarded $10,000 as a reasonable contribution.

read more

Trusts – approval of a majority of trustees granting a lease and a mortgage – Tane

Tane – Te Tii (Waitangi) B3

Māori Land Court (2015) 95 Taitokerau MB 261 (95 TTK 261)

29 January 2015

The Court granted an application to permit a majority of trustees of a trust to grant a lease and mortgage.

Download Tane – Te Tii (Waitangi) B3 here (1264.6 KB PDF). read more

Injunction – no equitable relief where applicant arbitrarily refused to engage in processes – Trustees of Maungatautari 4G Section IV Block v Maungatautari Ecological Island Trust

Trustees of Maungatautari 4G Section IV Block v Maungatautari Ecological Island Trust - Maungatautari 4G Section IV Block

Māori Land Court (2014) 90 Waikato Maniapoto MB 291 (90 WMN 291)

16 December 2014

Injunctive relief refused due to the applicant's failure to engage in the processes outlined in an easement instrument.

Download Trustees of Maungatautari 4G Section IV Block v Maungatautari Ecological Island Trust - Maungatautari 4G Section IV Block here (183 KB PDF). read more

Professor Alan Dudley Ward – he poroporoaki – a farewell

Alan Dudley Ward, Professor Emeritus of the University of Newcastle in New South Wales, passed away in December 2014 after a brief illness.  His career as a historian spanned half a century, in the course of which, among his many other achievements, he made major contributions to the Treaty settlement process in New Zealand.  read more

Sir Edward Taihakurei Durie student essay competition 2014 – Not giving ground: Patricia Grace’s successful opposition to compulsory acquisition of her ancestral land

Sir Edward Taihakurei Durie student essay competition 2014

Not giving ground: Patricia Grace’s successful opposition to compulsory acquisition of her ancestral land

The Māori Law Review is pleased to publish Anna Brenstrum's prize winning essay on the dispute between Patricia Grace and the New Zealand Transport Agency (NZTA) over the compulsory acquisition of her ancestral land. read more