August 2015 Here-turi-kōkā – Contents

High Court - Te Kōti Matua

Judicial review - refusal of Waitangi Tribunal to inquire urgently upheld - Tūrāhui v Waitangi Tribunal [2015] NZHC 1624 - Stevie-Rae Hart

Māori Land Court - Te Kōti Whenua Māori

Protected objects - ownership and custody – Ngāti Rehia granted custody of taonga tūturu found in Kerikeri – Acting Chief Executive of the Ministry for Culture and Heritage - Taonga Tūturu found at Kerikeri (2015) 106 Taitokerau MB 210 (106 TTK 210)

Injunctions - occupants removed from land - Te Tumu Paeroa v Wharerau - Lot 9 DP 37339 (CFRNA971/29) (2015) 107 Taitokerau MB 262 (107 TKT 262)

Costs - District Court scale used - Kotahitanga Log Haulage Ltd v Forest Distribution Ltd - Mangaroa and other blocks Incorporated (2015) 126 Waiāriki MB 14 (126 WAR 14)

Ownership of land - whether land is General land owned by Māori - Baker v Thomas Baker Whānau Trust (2015) 41 Takitimu MB 281 (41 TKT 281)

Succession - directions sought on succession to General land owned by Māori - Jones - Pukawa D3 Trust (2015) 124 Waiariki MB 217 (124 WAR 217)

Status of land - roadway determined as Māori freehold land - Whakatāne District Council - Part Allotment Matatā Parish 6 (2015) 124 Waiariki MB 282 (124 WAR 282)

Alienation - respondent within preferred class of alienees - Foster v Wood - Taupo No. 23 B Section 1 (2015) 108 Taitokerau MB 43 (108 TTK 43)

Trusts - enforcing trustee obligations - no grounds made out - Ngatai - Tokata B8 Trustees (2015) 50 Tairawhiti MB 175 (50 TRW 175)

Trusts - application for directions and to enforce trustee obligations - Gibbs-Smith – Te Tii (Waitangi) A Maori Reservation (2015) 104 Taitokerau MB 193 (102 TTK 193)

Trusts - review and variation of trust order - Horne v Anaru - Pukehina M Sec. 2A, No Section 2B No.2 and M2D Aggregated (2015) 123 Waiariki MB 40 (123 WAR 40)

Trusts - removal of trustees - Porou – Whareongaonga 5 Trust (2015) 49 Tairawhiti MB 46 (49 TRW 46)

Trusts - removal of trustees and award of equitable compensation - Waaka v Harrison - Poike 14 (Waimapu Marae) (2015) 101 Waikato Maniapoto MB 216 (101 WMN 216)

Occupation orders - granted in the face of majority opposition - Peita –Panguru C27A2 Block (2015) 104 Taitokerau MB 5 (104 TTK 5)

Māori Incorporations - removal of members of committee of management denied - Tahata v Tahata - Proprietors of Ngāwhakatutu A1A (2015) 49 Tairawhiti MB 251 (49 TRW 251)

Title reconstruction - partition refused - insufficient support - Ogle - Mangamuka East No. 1B No. 1B (2015) 103 Taitokerau 284 (103 TTK 284)

Easements - application for right of way dismissed - Gisborne District Council v Hautapu - Tatarahake No. 1 Block (2015) 50 Tairawhiti MB 199 (50 TRW 199)

Seafood sector

Māori in the seafood sector (fisheries and aquaculture) - the year in review - Justine Inns

Legislation - Ngā Whakaturetanga

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

Print version

Download the Māori Law Review August 2015 (673 KB PDF).

Indigenous Law Speaker Series 2015

Our 2015 seminars continue in Auckland during August where Tracey Whare, Bernadette Arapere and Paul Beverley will give seminars

Recent developments in co-governance and co-management - Paul Beverley talked about co-governance and co-management issues on 28 August 2015 at Buddle Findlay, Auckland

From historian to lawyer – differing perspectives - Bernadette Arapere delivered the fifth of our 2015 seminars on 20 August 2015 at the University of Auckland Faculty of Law

Implementing the UN Declaration on the Rights of Indigenous Peoples – recent developments in international law - Tracey Whare delivered this seminar on 13 August 2015 at the University of Auckland Faculty of Law

Online resources - Ngā rauemi ipurangi

Legal Māori Resource Hub - explore how Māori language has been used in legal contexts over nearly two centuries

Sir Edward Taihakurei Durie student essay competition 2015

Entries are welcomed for the 2015 Sir Edward Taihakurei Durie student essay competition sponsored by the Māori Law Review. The competition is open until 5 p.m. Wednesday 30 September 2015. For details on the competition and how to enter go here.


Judicial review – refusal of Waitangi Tribunal to inquire urgently upheld – Tūrāhui v Waitangi Tribunal

Tūrāhui v Waitangi Tribunal

High Court [2015] NZHC 1624

10 July 2015

Mr Tūrāhui sought judicial review of a Waitangi Tribunal decision refusing to inquire urgently into claims and an application for remedies recommendations made on behalf of the hapū Āraukūkū. The High Court declined to grant judicial review so the application failed. Subsequently an appeal to the Court of Appeal was dismissed.

Download Tūrāhui v Waitangi Tribunal [2015] NZHC 1624. read more

Protected objects – ownership and custody – Ngāti Rehia granted custody of taonga tūturu found in Kerikeri – Acting Chief Executive of the Ministry for Culture and Heritage

Acting Chief Executive of the Ministry for Culture and Heritage - Taonga Tūturu found at Kerikeri

Māori Land Court (2015) 106 Taitokerau MB 210 (106 TTK 210)

3 July 2015

During construction of the Kerikeri bypass in 2006 various taonga were uncovered. Competing claims for ownership and custody were made on behalf of various hapū of Ngāpuhi. The Court considered that none of the parties had been able to establish a claim for traditional ownership or rightful possession of the taonga. However, Ngāti Rehia was found to have established a good claim to custody of the taonga.

Download Acting Chief Executive of the Ministry for Culture and Heritage - Taonga Tūturu found at Kerikeri (280 KB PDF) here. read more

Costs – District Court scale used – Kotahitanga Log Haulage Limited

Kotahitanga Log Haulage Ltd v Forest Distribution Ltd - Mangaroa and other blocks Incorporated

Māori Land Court (2015) 126 Waiāriki MB 14 (126 WAR 14)

13 August 2015

Unsuccessful applicants were ordered to pay costs the equivalent of the scale of costs used in the District Court.

Download Kotahitanga Log Haulage Ltd v Forest Distribution Ltd - Mangaroa and other blocks Incorporated (2015) 126 Waiāriki MB 14 (126 WAR 14) (248KB PDF). read more

Injunctions – occupants removed from land – Te Tumu Paeroa

Te Tumu Paeroa v Wharerau - Lot 9 DP 37339 (CFRNA971/29)

Māori Land Court (2015) 107 Taitokerau MB 262 (107 TKT 262)

24 July 2015

The Court granted an application seeking orders that the respondent, his family and invitees were in possession of trust property without right, and an order removing them from the property by permanent injunction.

Download Te Tumu Paeroa v Wharerau - Lot 9 DP 37339 (CFRNA971/29) (176 KB PDF) here. read more

Succession – directions sought on succession to General land owned by Māori – Jones

Jones - Pukawa D3 Trust

Māori Land Court (2015) 124 Waiariki MB 217 (124 WAR 217)

27 July 2015

Directions sought concerning succession to land determined and no further action required.

Download Jones - Pukawa D3 Trust (248 KB PDF) here. read more

Ownership of land – whether land is General land owned by Māori – Baker

Baker - Part Lot 1 DP 13787 (formerly Pt Tarawera 5A)

Māori Land Court (2015) 41 Takitimu MB 281 (41 TKT 281)

21 July 2015

Orders were sought that the applicant was the sole owner of certain land, being general land owned by Maori and that certain persons were not within the class of beneficiaries of a trust. The application was dismissed because there was no jurisdiction to make the orders sought.

Download Baker - Part Lot 1 DP 13787 (formerly Pt Tarawera 5A) (2015) 41 Tākitimu MB 281 (41 TKT 281) (263 KB PDF). read more

Status of land – roadway determined as Māori freehold land – Whakatāne District Council

Whakatāne District Council - Part Allotment Matatā Parish 6

Māori Land Court (2015) 124 Waiariki MB 282 (124 WAR 282)

29 July 2015

A roadway created during an earlier partition determined to have status of Māori freehold land and its ownership was confirmed as remaining with that of the parent block.

Download Whakatāne District Council - Part Allotment Matatā Parish 6 (202 KB PDF) here. read more

Alienation – respondent within preferred class of alienees – Foster

Foster v Wood - Taupo No. 23 B Section 1

Māori Land Court (2015) 108 Taitokerau MB 43 (108 TTK 43)

31 July 2015

The respondents were confirmed as members of the preferred class of alienees entitled to first option to purchase the land for sale. It is irrelevant that the land was partitioned, as the relevant association is with the land itself.

Download Foster v Wood - Taupo No. 23 B Section 1 (192 KB PDF) here. read more

Trusts – enforcing trustee obligations – no grounds made out – Ngatai

Ngatai - Tokata B8 Trustees

Māori Land Court (2015) 50 Tairawhiti MB 175 (50 TRW 175)

25 July 2015

Application to enforce trust obligations on behalf of whānau dismissed.

Download Ngatai - Tokata B8 Trustees (219 KB PDF) here. read more

Trusts – application for directions and to enforce trustee obligations – Gibbs-Smith

Gibbs-Smith – Te Tii (Waitangi) A Maori Reservation

Māori Land Court (2015) 104 Taitokerau MB 193 (102 TTK 193)

12 June 2015

Successful application in part to obtain directions from the Court and to enforce trust obligations in relation to Te Tiriti o Waitangi Marae.

Download Gibbs-Smith – Te Tii (Waitangi) A Maori Reservation (225 KB PDF) here. read more

Trusts – review and variation of trust order – Horne

Horne v Anaru - Pukehina M Sec. 2A, No Section 2B No.2 and M2D Aggregated

Māori Land Court (2015) 123 Waiariki MB 40 (123 WAR 40)

7 July 2015

Application for review of trust and variation of trust order granted.

Download Horne v Anaru - Pukehina M Sec. 2A, No Section 2B No.2 and M2D Aggregated (235 KB PDF) here. read more

Trusts – removal of trustees – Porou

Porou – Whareongaonga 5 Trust

Māori Land Court (2015) 49 Tairawhiti MB 46 (49 TRW 46)

11 June 2015

Application for removal of trustees granted and report on administration of trust ordered.

Download Porou – Whareongaonga 5 Trust (313 KB PDF) here. read more

Trusts – removal of trustees and award of equitable compensation – Waaka

Waaka v Harrison - Poike 14 (Waimapu Marae)

Māori Land Court (2015) 101 Waikato Maniapoto MB 216 (101 WMN 216)

21 July 2015

The Court found there were clear grounds to remove three trustees of a marae in light of misappropriation of trust money. A fourth trustee was not removed, having resigned. The fifth trustee, the applicant, acted appropriately when he discovered irregularities in use of the trust's funds. There were no grounds to remove him. Nor could he be criticised for failing to participate in an arbitration under the marae charter in light of the misappropriation of money at issue. Equitable compensation was awarded along with other orders.

Download Waaka v Harrison - Poike 14 (Waimapu Marae) (256 KB PDF) here. read more

Māori Incorporations – removal of members of committee of management denied – Tahata

Tahata v Tahata - Proprietors of Ngāwhakatutu A1A

Māori Land Court (2015) 49 Tairawhiti MB 251 (49 TRW 251)

25 June 2015

An application for the removal of members of an Incorporation's committee of management was dismissed in the circumstances of an ongoing dispute between family members.

Download Tahata v Tahata - Proprietors of Ngāwhakatutu A1A (219 KB PDF) here. read more

Easements – application for right of way dismissed – Gisborne District Council

Gisborne District Council v Hautapu - Tatarahake No. 1 Block

Māori Land Court (2015) 50 Tairawhiti MB 199 (50 TRW 199)

27 July 2015

Application dismissed seeking the grant of an easement for a right of way.

Download Gisborne District Council v Hautapu - Tatarahake No. 1 Block (2.0 MB PDF). read more

Māori in the seafood sector (fisheries and aquaculture) – the year in review

Justine Inns, partner at Ocean Law, reviews Māori involvement in the seafood sector. read more

Occupation orders – granted in the face of majority opposition – Peita

Peita – Panguru C27A2 Block

Māori Land Court (2015) 104 Taitokerau MB 5 (104 TTK 5)

29 May 2015

Occupation orders granted despite opposition by the majority of owners.

Download Peita – Panguru C27A2 Block (216 KB PDF) here. read more

Title reconstruction – partition refused – insufficient support – Ogle

Ogle - Mangamuka East No. 1B No. 1B

Māori Land Court (2015) 103 Taitokerau 284 (103 TTK 284)

28 May 2015

Application for partition dismissed due to insufficient owner support.

Download Ogle - Mangamuka East No. 1 B No. 1 B (182 KB PDF) here. read more