May 2015 Haratua – Contents

Court of Appeal - Te Kōti Pīra

Arbitration – adjudication of mana whenua dispute made subject to arbitration - Bidois v Leef [2014] NZCA 176 - Baden Vertongen

High Court - Te Kōti Matua

Māori fisheries - mandated iwi organisations - no valid amendment to constitution of charitable trust - failure to hold trustee elections - Solomon-Rehe v Hokotehi Moriori Trust [2015] NZHC 46

Legislation - Ngā Whakaturetanga

Review of Te Ture Whenua Māori Act 1993 – exposure draft Bill and consultation - Haratua 2015

Māori Land Court - Te Kōti Whenua Māori

Jurisdiction:

Power of the court to grant specific performanceKotahitanga Log Haulage Limited v Forest Distribution Limited (2015) 121 Waiariki MB 149 (121 WAR 149)

Injunction:

Mareva injunction issued over former trustees – Slade - Parengarenga 3G (2014) 87 Taitokerau MB 46

Chief Judge's powers:

Permanent injunction declinedHaimona v The Trustees of Te Karaka No 1A Ahu Whenua Trust - Te Karaka No 1A Ahu Whenua Trust and Rotoiti 3G1 Blocks (2015) Chief Judge's MB 228

Rehearing

Denying a rehearing on costs could create a possible injustice – Big Hill Station Limited v Trustees of Awarua o Hinemanu Trust – Awarua o Hinemanu Trust (2015) 39 Takitimu MB 16 (39 TKT 16)

Costs:

Some costs claimed were not reasonably incurredPouwhare v Auld - Oparau No 1 Block and Pirongia West 12B3D (2015) 95 Waikato Maniapoto MB 167 (95 WMN 167)

Respondent allowed to claim for management timeManuirirangi v Parininihi ki Waitotara Incorporation - Waiokura Te Kauae blocks (2014) 319 Aotea MB 247 (319 AOT 247)

Partially grantedGoffe v ANZ Bank New Zealand Limited - Whirinaki 5K 6F (2015) 99 Taitokerau MB 248 (99 TTK 248)

Status of land:

Change from Māori freehold land to general land declinedGilbert Family Trust - Marokopa 3 Block (2015) 97 Waikato Maniapoto MB 68 (97 WMN 68)

Land deemed General land under Māori Affairs Act 1953 – Coast Law - Allotment 266A3C2 Waimana Parish Block (2014) 103 Waiariki MB 270

Trusts:

Termination of trust and vesting assets in another trust - Trustees of Te Ngae Farm Trust v Trustees of Ngāti Rangiteaorere Koromatua Council - Te Ngae Farm Trust (2015) 118 Waiariki MB 92 (118 WAR 92)

Review of trust and removal of advisory trustees – trustees ordered to refund payments received in breach of trust – Tupe Snr v Everton - Manunui No 1 4th Residue Ahu Whenua Trust (2015) 334 Aotea MB 227 (334 AOT 227)

Review of trust and removal of trusteesRaukawa v Lux - Te Oitahuna Raukawa Whānau Trust (2015) 116 Waiariki MB 288

Review of trust and removal of trusteesWorsnop v Lux - Honeri Raukawa Whānau Trust (2015) 117 Waiariki MB 3

Removal of trustee - Worsnop v Lux - Ruarakai-Tokomanawa Lands Trust (2015) 117 Waiariki MB 26

Removal of trustees declined – trustees were shown to have been diligent and hard working - Olsen v Vercoe - Matata Parish Lot 6A (2015) 116 Waiariki MB 63 (116 WAR 63)

Recovery of trust funds and removal of trusteesPue v Kīngi - Te Rūnanga o Ngāti Maru (Taranaki) Whenua Tōpu Trust (2015) 355 Aotea MB 1 (355 AOT 1)

Proposal to constitute ahu whenua trust over 11 separate blocks adjourned and general guidance issued – Far North District Council - Okahu 3B2B2 (2014) 91 Taitokerau MB 284 (91 TTK 284)

Ahu whenua trusts – Registrar to maintain record of beneficial ownership of General land - Larsen - Tanumi Reti (2014) 88 Taitokerau MB 273 (88 TTK 273)

Occupation orders:

Applicant had transferred right to occupyTawera v Tawera – Waitangi A1A2 (2014) 39 Tairawhiti MB 45 (39 TRW 45)

Māori reservations:

Inquiry granted into administrationPowell - Tunapahore 6 (2015) 118 Waiariki MB 150

Removal of trustees - trustee encouraged to resign - Royal v Broughton - Muhunoa 3A1E1 Sub 8A (Kikopiri Marae Māori Reservation) (2014) 325 Aotea MB 250 (325 AOT 250)

Gazette Notice was not confusing or uncertain – Murray - Mahinepua B1 (2014) 87 Taitokerau MB 227 (87 TTK 227)

Succession:

Whether persons were whāngai and disposition of Māori land on intestacyPomare - Peter Here Pomare (2015) 103 Taitokerau MB 95 (103 TTK 95)

Maori incorporations:

Fresh election for committee of managementWhata - The Proprietors of Ruahine Kuharua Incorporation (2015) 120 Waiariki MB 204 (120 WAR 204)

Partition:

No reasonable alternative to partition given urbanisation of ownersOpai - Kohatutaka 6A10D2C (2014) 93 Taitokerau MB 6 (93 TTK 6)

Procedure:

Withdrawal of an application to the CourtDawson v Dawson - Orohaki 894B Ahu Whenua Trust (2015) 29 Te Waipounamu MB 161

Refusal to waive application fee reversedWilson - Oue 2B3 and other blocks (2015) 2015 Chief Judge's MB 215 (2015 CJ 215)

Waitangi Tribunal - Te Rōpū Whakamana i te Tiriti o Waitangi

Application for urgent remedies hearing and urgent inquiry declined - Ahitahi/Araukuku Hapū Claim (Wai 552, #2.35)

Canada - Ontario Court of Justice

Life or death, and traditional medicine – primacy of indigenous rights - Hamilton Health Sciences Corporation v DH 2014 ONCJ 603 - Andrew Row

Book review - Arotakenga pukapuka

Are We There Yet? The Future of the Treaty of Waitangi: A Review - Max Harris

Moving beyond a legalistic approach to applying the Treaty of Waitangi in contemporary New Zealand - Gareth Morgan and Susan Guthrie

Are We There Yet? The Future of the Treaty of Waitangi: A response to Morgan and Guthrie - Max Harris

Print version

Download the Māori Law Review May 2015 (669 KB PDF).

Indigenous Law Speaker Series 2015

Criminal Justice, the State and Māori - Kim Workman, 2015 J. D. Stout Fellow, will deliver the third of our 2015 seminars on 28 May 2015 at the Faculty of Law, Victoria University of Wellington

Recent developments in co-governance and co-management - Paul Beverley will deliver the second seminar for 2015 on 21 May 2015 at the Faculty of Law, Victoria University of Wellington

Ko te manu e kai ana i te mātauranga - nōnā te ao: overseas postgraduate reflections - Horiana Irwin Easthope and Natalie Coates will deliver the first of our 2015 seminars on 7 May 2015 at the Faculty of Law, Victoria University of Wellington

Public lecture - Auckland

The Implementation of the Declaration on the Rights of Indigenous Peoples: Implications for Aotearoa/New Zealand - Professor James Anaya, University of Arizona, will deliver this public lecture on 11 June 2015 at Old Government House, Auckland


Arbitration – adjudication of mana whenua dispute made subject to arbitration – Bidois

Bidois v Leef

Court of Appeal – Te Kōti Pīra [2015] NZCA 176

18 May 2015

A mana whenua dispute remained between Pirirakau and Ngāti Taka in the final stages of negotiating a settlement with the Crown of the historical claims of Ngāti Ranginui. The two hapū agreed that two arbitrators would decide the matter after hearing from the parties in a ‘Rangatira ki te Rangatira manner’. The arbitrators ruled that mana whenua lay with Pirirakau at the relevant time. Ngāti Taka applied to set aside the award and were successful in the High Court.

On appeal, the Court of Appeal reversed the High Court, ruling that a question of mana whenua did arise ‘in respect of a defined legal relationship’ and so was an issue that could be subject to binding arbitration. Other issues put before the courts concerned allegations of conflicts of interest and natural justice failings. Subsequently, the Supreme Court dismissed Ngāti Taka's application for leave to appeal to that court. Baden Vertongen examines how this dispute shows that alternative dispute resolution processes can bring their own problems.

Download Bidois v Leef [2015] NZCA 176 (801 KB PDF). read more

Māori fisheries – mandated iwi organisations – no valid amendment to constitution of charitable trust – failure to hold trustee elections – Solomon-Rehe

Solomon-Rehe v Hokotehi Moriori Trust

High Court - Te Kōti Matua [2015] NZHC 46

30 January 2015 and 6 March 2015

An impasse had developed between two groups of trustees and the trust had become dysfunctional. There was disagreement over the validity of a 2010 constitutional amendment and a 2012 trustee election. The Court found that the trustees were operating in breach of their trust obligations and in breach of the Māori Fisheries Act 2004. The trustees were removed and two interim trustees appointed to manage the process of fresh elections to be held under the supervision of the High Court.

Download Solomon-Rehe v Hokotehi Moriori Trust (30 January 2015) and Solomon-Rehe v Hokotehi Moriori Trust (6 March 2015) (261 and 612 KB PDF). read more

Review of Te Ture Whenua Māori Act 1993 – exposure draft Bill and consultation – Haratua 2015

The Government has released an exposure draft Te Ture Whenua Māori Bill in order to engage in consultation on its proposed reforms to the law relating to Māori land.

Download the exposure draft Te Ture Whenua Māori Bill  (Haratua 2015) and the Government's consultation proposals about the law reform. read more

Status of land – land deemed General land under Māori Affairs Act 1953 – Coast Law

Coast Law - Allotment 266A3C2 Waimana Parish Block

Māori Land Court (2014) 103 Waiariki MB 270 (103 WAR 270)

9 September 2014

Application for a status order determining and declaring Allotment 266A3C2 Waimana Parish is General land. The Court determined the land became General land once it was transferred pursuant to s 2(2)(f) of the Māori Affairs Act 1953.

Download Coast Law - Allotment 266A3C2 Waimana Parish Block (165 KB PDF) here. read more

Costs – partially granted – Goffe

Goffe v ANZ Bank New Zealand Limited - Whirinaki 5K 6F

Māori Land Court (2015) 99 Taitokerau MB 248 (99 TTK 248)

12 May 2015

Application for costs incurred in opposing an interim injunction partially granted.

Download Goffe v ANZ Bank New Zealand Limited - Whirinaki 5K 6F (203 KB PDF). read more

Rehearing – to deny a rehearing on costs could create a possible injustice – Big Hill Station Limited

Big Hill Station Limited v Trustees of Awarua o Hinemanu Trust – Awarua o Hinemanu Trust

Māori Land Court (2015) 39 Takitimu MB 16 (39 TKT 16)

23 March 2015

Big Hill Station Limited sought a rehearing of a decision dismissing an application for access to landlocked land without making orders as to costs. The applicant argued that, as it was not given the opportunity to be heard on the matter of costs, natural justice was not served. The Court considered the applicants are entitled to make a claim for their costs and should not have to suffer unreasonable delay in seeking those costs. Accordingly, the application was granted.

read more

Costs – some costs claimed were not reasonably incurred – Pouwhare

Pouwhare v Auld - Oparau No 1 Block and Pirongia West 12B3D

Māori Land Court (2015) 95 Waikato Maniapoto MB 167 (95 WMN 167)

16 March 2015

Decision on costs. The respondent was awarded $9,296.20 being 50 percent of the costs reasonably and properly incurred throughout the proceedings. Some costs claimed were not properly incurred.

Download Pouwhare v Auld - Oparau No 1 Block and Pirongia West 12B3D (272 KB PDF) here. read more

Costs – respondent allowed to claim for management time – Manuirirangi

Manuirirangi v Parininihi ki Waitotara Incorporation - Waiokura Te Kauae blocks

Māori Land Court (2014) 319 Aotea MB 247 (319 AOT 247)

7 May 2014

Decision on costs. The respondent sought an award of $5,624.82 that comprised in part $3,461.00 for management time. The Court was satisfied the management time claimed was incidental to the proceedings and that some contribution towards those costs was warranted.

Download Manuirirangi v Parininihi ki Waitotara Incorporation - Waiokura Te Kauae blocks (215 KB PDF) here. read more

Jursidiction – power of the court to grant specific performance – Kotahitanga Log Haulage Ltd

Kotahitanga Log Haulage Limited v Forest Distribution Limited

Māori Land Court (2015) 121 Waiariki MB 149 (121 WAR 149)

5 May 2015

The Court's jurisdiction was not triggered because the subject matter of the contract does not relate to land.

Download Kotahitanga Log Haulage Limited v Forest Distribution Limited (161 KB PDF) here. read more

Injunction – Mareva injunction issued over former trustees – Slade

Slade - Parengarenga 3G

Māori Land Court (2014) 87 Taitokerau MB 46 (87 TTK 46)

12 September 2014

This case concerned an ex parte application for a Mareva injunction on behalf of the Parengarenga 3G Trust. The Court granted the Mareva injunction as it considered the former trustees had significant questions to answer in relation to the money they had received.

Download Slade - Parengarenga 3G (120 KB PDF) here. read more

Māori reservations – inquiry granted into administration – Powell

Powell - Tunapahore 6

Māori Land Court (2015) 118 Waiariki MB 150 (118 WAR 150)

30 April 2015

Inquiry into administration of a Māori reservation was granted. One trustee was removed and another was directed to resign before or at the next meeting of beneficiaries.

Download Powell - Tunapahore 6 (118 KB PDF) when available. read more

Māori Reservations – Gazette Notice was not confusing or uncertain – Murray

Murray - Mahinepua B1

Māori Land Court (2014) 87 Taitokerau MB 227 (87 TTK 227)

23 September 2014

Two of the trustees of Mahinepua B1 Māori Reservation applied for a determination of the beneficiaries and boundaries of the reservation. They argued that there was confusion and uncertainty surrounding the Gazette Notice for the reservation. The Court did not consider the Gazette Notice was confusing or uncertain.

Download Murray - Mahinepua B1 (104 KB PDF) here. read more

Māori Reservations – removal of trustees – trustee encouraged to resign – Royal

Royal v Broughton - Muhunoa 3A1E1 Sub 8A (Kikopiri Marae Māori Reservation)

Māori Land Court (2014) 325 Aotea MB 250 (325 AOT 250)

18 September 2014

Mr Royal applied to have Mr Broughton removed as a trustee of Muhunoa 3A1E1 Sub 8A Kīkopiri Marae Reservation. The application was supported by nine of the 12 trustees. The Court considered that Mr Broughton’s conduct was unsatisfactory and that there were grounds for his removal. However, the Court chose to adjourn the application so that Mr Broughton could consider resigning and thus leave open the possibility of future reappointment.

Download Royal v Broughton - Muhunoa 3A1E1 Sub 8A (Kikopiri Marae Māori Reservation) (138 KB PDF) here. read more

Status of land – change from Māori freehold land to general land declined – Gilbert Family Trust

Gilbert Family Trust - Marokopa 3 Block

Māori Land Court (2015) 97 Waikato Maniapoto MB 68 (97 WMN 68)

23 April 2015

Application to change the status of land from Māori freehold land to general land declined.

Download Gilbert Family Trust - Marokopa 3 Block (203 KB PDF) here. read more

Chief Judge’s powers – permanent injunction declined – Haimona

Haimona v The Trustees of Te Karaka No 1A Ahu Whenua Trust - Te Karaka No 1A Ahu Whenua Trust and Rotoiti 3G1 Blocks

Māori Land Court (2015) Chief Judge's MB 228 (2015 CJ 228)

7 April 2015

Application for a permanent injunction dismissed.

Download Haimona v The Trustees of Te Karaka No 1A Ahu Whenua Trust - Te Karaka No 1A Ahu Whenua Trust and Rotoiti 3GI Blocks (338 KB PDF).

read more

Occupation order – applicant had transferred right to occupy – Tawera

Tawera v Tawera – Waitangi A1A2

Māori Land Court (2014) 39 Tairawhiti MB 45 (39 TRW 45)

24 April 2014

A dispute arose as to who had the right to occupy the homestead on Waitangi A1A2. Although the applicant held a lease for the land, the Court found that he had transferred his right to occupy to the respondents.

Download Tawera v Tawera – Waitangi A1A2 (195 KB PDF) here. read more

Succession – whether persons were whāngai and disposition of Māori land on intestacy – Pomare

Pomare - Peter Here Pomare

Māori Land Court (2015) 103 Taitokerau MB 95 (103 TTK 95)

8 May 2015

The applicant, the legally adopted son of the deceased, succeeded to his father's land interests on intestacy. At issue was whether any of the nieces, nephews and grandchildren that the deceased had helped to raised were whāngai for the purposes of the legislation. The Court concluded that those persons were not whāngai for the purposes of the legislation.

Download Pomare - Peter Here Pomare (3.8 MB PDF) here. read more

Trusts – termination of trust and vesting assets in another trust – Trustees of Te Ngae Farm Trust

Trustees of Te Ngae Farm Trust v Trustees of Ngāti Rangiteaorere Koromatua Council - Te Ngae Farm Trust

Māori Land Court (2015) 118 Waiariki MB 92 (118 WAR 92)

24 April 2015

Application granted to remove trustees, terminate the trust and vest trust assets in another trust.

Download Trustees of Te Ngae Farm Trust v Trustees of Ngāti Rangiteaorere Koromatua Council - Te Ngae Farm Trust (281 KB PDF) here. read more

Trusts – review of trust and removal of advisory trustees – trustees ordered to refund payments received in breach of trust – Tupe Snr

Tupe Snr v Everton - Manunui No 1 4th Residue Ahu Whenua Trust

Māori Land Court (2015) 334 Aotea MB 227 (334 AOT 227)

23 March 2015

Review of trust. The Court ordered the trustees to refund any payments received in breach of trust and varied the trust order so that any trustee removed by the Court for cause is ineligible for reappointment.

Download Tupe Snr v Everton - Manunui No 1 4th Residue Ahu Whenua Trust (330 KB PDF) here.

read more

Trusts – review of trust and removal of trustees – Raukawa

Raukawa v Lux - Te Oitahuna Raukawa Whānau Trust

Māori Land Court (2015) 116 Waiariki MB 288 (116 WAR 288)

8 April 2015

An application for review of a trust, removal of trustees, and enforcement of trust obligations was granted.

Download Raukawa v Lux - Te Oitahuna Raukawa Whānau Trust (245 KB PDF). read more

Trusts – review of trust and removal of trustees – Worsnop

Worsnop v Lux - Honeri Raukawa Whānau Trust

Māori Land Court (2015) 117 Waiariki MB 3 (117 WAR 3)

8 April 2015

Application for review of a trust and removal of trustees granted.

Download Worsnop v Lux - Honeri Raukawa Whānau Trust (134 KB PDF). read more

Partition – no reasonable alternative to partition given urbanisation of owners – Opai

Opai - Kohatutaka 6A10D2C

Māori Land Court (2014) 93 Taitokerau MB 6 (93 TTK 6)

18 December 2014

Application for partition. The application was granted as it was necessary to facilitate the effective operation, development, and utilisation of the land and there was no reasonable alternative to partition.

Download Opai - Kohatutaka 6A10D2C (239 KB PDF) here. read more

Trusts – recovery of trust funds and removal of trustees – Pue

Pue v Kīngi - Te Rūnanga o Ngāti Maru (Taranaki) Whenua Tōpu Trust

Māori Land Court (2015) 355 Aotea MB 1 (355 AOT 1)

27 March 2015

Judgment addressing a number of allegations about Te Rūnanga o Ngāti Maru (Taranaki) Whenua Tōpu Trust determing former trustees would have been removed for cause had they not resigned and issuing directions to ensure any trust funds taken in breach of trust were repaid.

Download Pue v Kīngi - Te Rūnanga o Ngāti Maru (Taranaki) Whenua Tōpu Trust  (450.1 KB PDF). read more

Trusts – removal of trustee – Worsnop

Worsnop v Lux - Ruarakai-Tokomanawa Lands Trust

Māori Land Court (2015) 117 Waiariki MB 26 (117 WAR 26)

8 April 2015

Application for removal of trustee granted.

Download Worsnop v Lux - Ruarakai-Tokomanawa Lands Trust (134 KB PDF). read more