September 2015 Mahuru – Contents

High Court - Te Kōti Matua

Judicial review - refusal to make binding recommendations - Flavell v Waitangi Tribunal [2015] NZHC 1907 - Baden Vertongen

The Ngāti Kahu Remedies Report - a further comment in the wake of Flavell v Waitangi Tribunal [2015] NZHC 1907 - Karen Feint

Māori Appellate Court – Te Kōti Pīra Māori

Trusts - trustee to account for profits - apportionment between trusts - Adlam v Savage - Lot 39 A Sec. 2A Parish of Matatā and Lot 39 A Sec. 2B No.2B No.2A Parish of Matatā [2015] Māori Appellate Court MB 59 - Arena Williams

Māori Land Court - Te Kōti Whenua Māori

Injunction - permanent injunction granted - Paraire v Paraire - Part Mangatawa 10 (2015) 105 Waikato Maniapoto MB 67 (105 WMN 67)

Costs - jurisdiction to award costs for a judicial conference - Ratima - Whirinaki 3 (formerly known as Whirinaki No 1 Section 2F2C) (2015) 126 Waiariki MB 73 (126 WAR 73)

Succession - order amended - adoption and whāngai - Potangaroa - CJ 2009/43 - Golden Sarel Potangaroa (2015) 2015 Chief Judge's MB 562 (2015 CJ 562)

Succession - order amended - Hemara - Estate of Marion Gloria Puke [2015] Chief Judge's MB 611 (2015 CJ 611)

Succession - to siblings of deceased - Walker v Tonihi - The Estate of Te Aokatoa Wirihana (2015) 43 Takitimu MB 31 (43 TKT 31)

Trusts - variation of trust order - Tane - Hauturu East 8 (2015) 104 Waikato Maniapoto MB 95 (104 WMN 95)

Trusts - enforcement of trust obligations and removal of trustees - dismissed - Katu v Peni - Tiroa E and Te Hape B Trusts (2015) 127 Waiariki MB 184 (127 WAR 184)

Trusts - appointment, replacement and removal of trustees - Hill - Otakanini Māori Reservation (2015) 108 Taitokerau MB 76 (108 TTK 76)

Trusts - removal of trustee - trustee suspended - McGregor v Hutcheson - Porangahau 1B4’O’2 Trust (2015) 43 Tākitimu MB 15 (43 TKT 15)

Trusts - removal of trustees - Te Paa - Ahipara A33 (2015) 112 Taitokerau MB 299 (112 TTK 299)

Trusts - whānau trust - partial termination granted - Watene v Maynard - Bob Watene Whānau Trust (2015) 43 Takitimu MB 185 (43 TKT 185)

Occupation Order - granted - Koroi Piri Paki Whānau Trust (2015) 112 Taitokerau MB 51 (112 TTK 51)

Partition - application granted - Searancke - Lot 3 DP 427106 & Pouawa 1 Sbdn 3 Lot 2 Sec 7 Block (2015) 51 Tairawhiti MB 66 (51 TRW 66)

Procedure - change of venue refused - Ahoy v Henare - Parengarenga 3G Ahu Whenua Trust (2015) 108 Taitokerau MB 66 (108 TTK 66)

Waitangi Tribunal - Te Rōpū Whakamana i Te Tiriti o Waitangi

Waitangi Tribunal procedure - urgent inquiries - Tauranga Moana Governance Group (Wai 215, Wai 686) - Nicholas Coyle

Waitangi Tribunal procedure – urgent inquiries – Motiti Island Rena Resource Consent Funding Claim (Wai 2511) - Nicholas Coyle

Waitangi Tribunal procedure - urgent inquiries - Te Tira Whakaemi o Te Wairoa (Wai 2501) - Nicholas Coyle

Print version

Download the Māori Law Review September 2015 (541 KB PDF)

Indigenous Law Speaker Series 2015

The Treaty of Waitangi and international law - Sir Kenneth Keith delivered this seminar on 23 September 2015 at the Faculty of Law, Victoria University of Wellington

Implementing the UN Declaration on the Rights of Indigenous Peoples – recent developments in international law - Tracey Whare delivered this seminar on 8 September 2015 at the Faculty of Law, Victoria University of Wellington

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 have now closed for the 2015 Sir Edward Taihakurei Durie student essay competition sponsored by the Māori Law Review. For details on the competition go here.


Judicial review – refusal to make binding recommendations – Flavell

Flavell v Waitangi Tribunal

High Court [2015] NZHC 1907

12 August 2015

Ngāti Kahu sought judicial review of the Waitangi Tribunal's decision to decline making binding remedies recommendations for its well-founded claims under the Treaty of Waitangi Act 1975. Baden Vertongen reports on the High Court's decision.

See also Karen Feint's further comment on the Waitangi Tribunal's Ngāti Kahu Remedies Report in light of the High Court's decision (see (2015) September Māori LR).

Download Flavell v Waitangi Tribunal [2015] NZHC 1907 (626 KB PDF).

read more

The Ngāti Kahu Remedies Report – a further comment in the wake of Flavell v Waitangi Tribunal

Flavell v Waitangi Tribunal

High Court [2015] NZHC 1907

12 August 2015

Karen Feint, barrister at Thorndon Chambers, provides further comment on the Waitangi Tribunal's Ngāti Kahu Remedies Report in light of the High Court's decision in Flavell v Waitangi Tribunal [2015] NZHC 1907. See also Baden Vertongen's report on the High Court's decision in Flavell v Waitangi Tribunal (see (2015) September Māori LR). read more

Trusts – trustee to account for profits – apportionment between trusts – Adlam

Adlam v Savage - Lot 39 A Sec. 2A Parish of Matatā and Lot 39 A Sec. 2B No.2B No.2A Parish of Matatā

[2015] Māori Appellate Court MB 59

26 March 2015

Ms Adlam had been ordered to account to the Bath Trust (of which she was a trustee) for $11,200,000 profit that she had generated using the assets of that trust and of another trust, the Farm Trust (of which she was not a trustee). Ms Adlam admitted that she had acted in breach of her duties as a trustee of the Bath Trust.
Her appeal was allowed in part. The Māori Appellate Court revoked the order of the Māori Land Court that required Ms Adlam to account to the Bath Trust for the entire profit. The Māori Appellate Court found that the Māori Land Court should have apportioned the profits generated from the assets of the two trusts between them. The lower Court was directed to consider the issue again along with other orders.

Download Adlam v Savage - Lot 39 A Sec. 2A Parish of Matatā and Lot 39 A Sec. 2B No.2B No.2A Parish of Matatā (342 KB PDF). read more

Protecting hapū rangatiratanga – Ngāpuhi Mandate Inquiry – Wai 2490

Ngāpuhi Mandate Inquiry Report

Waitangi Tribunal (Wai 2490, 2015)

4 September 2015

The Waitangi Tribunal has upheld claims that the Crown breached the principles of the Treaty of Waitangi in recognising the mandate of a negotiating body, Tūhoronuku, to enter settlement negotiations with the Crown about historical claims on behalf of all members of Ngāpuhi.

Download the pre-publication version of the Ngāpuhi Mandate Inquiry Report. read more

Succession – order amended – adoption and whāngai – Potangaroa

Potangaroa - CJ 2009/43 - Golden Sarel Potangaroa 

Māori Land Court (2015) 2015 Chief Judge's MB 562 (2015 CJ 562)

26 August 2015

Application to amend succession order granted. The earlier order was factually and legally incorrect.

Download Potangaroa - CJ 2009/43 - Golden Sarel Potangaroa (294 KB PDF). read more

Succession – to siblings of deceased – Walker

Walker v Tonihi - The Estate of Te Aokatoa Wirihana 

Māori Land Court (2015) 43 Takitimu MB 31 (43 TKT 31)

31 August 2015

Succession to land interests vested in the deceased's mother's siblings.

Download Walker v Tonihi - The Estate of Te Aokatoa Wirihana (293 KB PDF). read more

Succession – order amended – Hemara

Hemara - Estate of Marion Gloria Puke

Māori Land Court [2015] Chief Judge's MB 611 (2015 CJ 611)

10 September 2015

Application granted to amend a succession order. Clear omission of relevant evidence.

Download Hemara - Estate of Marion Gloria Puke (359 KB PDF) here. read more

Trusts – trustee removal – trustee suspended – McGregor

McGregor v Hutcheson - Porangahau 1B4’O’2 Trust

Māori Land Court (2015) 43 Tākitimu MB 15 (43 TKT 15)

31 August 2015

A trustee was suspended while an audit of trust accounts was completed and allegations investigated.

Download McGregor v Hutcheson - Porangahau 1B4’O’2 Trust (327 KB PDF). read more

Trusts – removal of trustees – Te Paa

Te Paa - Ahipara A33

Māori Land Court (2015) 112 Taitokerau MB 299 (112 TTK 299)

23 September 2015

An applicant who sought to review the circumstances in which the Trust was first established was unsuccessful in that application and was removed as a trustee along with one other.

Download Te Paa - Ahipara A33 (193 KB PDF). read more

Trusts – whānau trust – partial termination granted – Watene

Watene v Maynard - Bob Watene Whānau Trust

Māori Land Court (2015) 43 Takitimu MB 185 (43 TKT 185)

21 September 2015

Application for partial termination of trust granted.

Download Watene v Maynard - Bob Watene Whānau Trust (211 KB PDF). read more

Trusts – enforcement of trust obligations and removal of trustees – dismissed – Katu

Katu v Peni - Tiroa E and Te Hape B Trusts

Māori Land Court (2015) 127 Waiariki MB 184 (127 WAR 184)

7 September 2015

Applications for enforcement of trust obligations and removal of trustees dismissed.

Download Katu v Peni - Tiroa E and Te Hape B Trusts (422 KB PDF). read more

Trusts – variation of trust order – Tane

Tane - Hauturu East 8

Māori Land Court (2015) 104 Waikato Maniapoto MB 95 (104 WMN 95)

28 August 2015

Application granted to vary a trust order in order to make it comprehensive.

Download Tane - Hauturu East 8 (9 MB PDF). read more

Injunction – permanent injunction granted – Paraire

Paraire v Paraire - Part Mangatawa 10

Māori Land Court (2015) 105 Waikato Maniapoto MB 67 (105 WMN 67)

31 August 2015

Application for permanent injunction granted to prevent the respondent from accessing trust property after his licence to occupy was revoked.

Download Paraire v Paraire - Part Mangatawa 10 (213 KB PDF). read more

Costs – jurisdiction to award costs for a judicial conference – Ratima

Ratima - Whirinaki 3 (formerly known as Whirinaki No 1 Section 2F2C)

Māori Land Court (2015) 126 Waiariki MB 73 (126 WAR 73)

19 August 2015

Application for costs dismissed. Determination that the Court does have jurisdiction to award costs for judicial conferences alone even where no substantive proceeding follows.

Download Ratima - Whirinaki 3 (formerly known as Whirinaki No 1 Section 2F2C) (208 KB PDF).

read more

Trusts – appointment, replacement and removal of trustees – Hill

Hill - Otakanini Māori Reservation

Māori Land Court (2015) 108 Taitokerau MB 76 (108 TTK 76)

14 August 2015

Application for terms of trust to prescribe a new process for elections dismissed. Application to appoint and replacing trustees granted. Two trustees were removed with four remaining.

Download Hill - Otakanini Māori Reservation (1.77 MB PDF) when available. read more

Partition – application granted – Searancke

Searancke - Lot 3 DP 427106 & Pouawa 1 Sbdn 3 Lot 2 Sec 7 Block

Māori Land Court (2015) 51 Tairawhiti MB 66 (51 TRW 66)

18 August 2015

Application for partition granted as this would achieve the purpose of rationalising land holdings.

Download Searancke - Lot 3 DP 427106 & Pouawa 1 Sbdn 3 Lot 2 Sec 7 Block (147 KB PDF).

read more

Occupation Order – granted – Koroi Piri Paki Whānau Trust

Koroi Piri Paki Whānau Trust

Māori Land Court (2015) 112 Taitokerau MB 51 (112 TTK 51)

14 September 2015

An occupation order was granted on assessing that required criteria were met.

Download Koroi Piri Paki Whānau Trust  (180 KB PDF) when available. read more

Procedure – change of venue refused – Ahoy

Ahoy v Henare - Parengarenga 3G Ahu Whenua Trust

Māori Land Court (2015) 108 Taitokerau MB 66 (108 TTK 66)

7 August 2015

A defendant applied for a change of venue and for the proceeding to be dealt with by another Judge. Death threats against the defendant and his lawyer were advanced as a reason for the change of venue sougtht. The Court refused the application.

Download Ahoy v Henare - Parengarenga 3G Ahu Whenua Trust (2015) 108 Taitokerau MB 66 (108 TTK 66) (157 KB PDF).

read more

Waitangi Tribunal procedure – urgent inquiries – Tauranga Moana Governance Group

Application for an urgent hearing on behalf of the Hauraki Collective

Waitangi Tribunal Wai 215, #2.740; Wai 686, #2.742

6 August 2015

The Waitangi Tribunal granted an urgent inquiry into claims that the processes of the proposed Tauranga Moana Governance Group would cause prejudice to Hauraki iwi. Subsequently the inquiry has been adjourned indefinitely.

Download Application for an urgent hearing on behalf of the Hauraki Collective when available. read more

Waitangi Tribunal procedure – urgent inquiries – Motiti Island Rena Resource Consent Funding Claim

Application for an urgent hearing by Graham Hoete, Umuhuri Matehaere and Jacqueline Taro Haimona for and on behalf of themselves and the Motiti Rohe Moana Trust; and Cletus Maanu Paul for and on behalf of himself and the Mataatua District Māori Council

Waitangi Tribunal Wai 2511, #2.5.8

10 August 2015

The Crown developed a funding proposal in response to the Tribunal’s 2015 Final Report on the MV Rena and Motiti Island Claims. Claimants in turn sought a further urgent inquiry into the adequacy of this proposal. The Tribunal declined to grant an urgent inquiry.

Download Application for an urgent hearing by Graham Hoete, Umuhuri Matehaere and Jacqueline Taro Haimona for and on behalf of themselves and the Motiti Rohe Moana Trust; and Cletus Maanu Paul for and on behalf of himself and the Mataatua District Māori Council (718 KB PDF). read more

Waitangi Tribunal procedure – urgent inquiries – failure to recognise hapū in mandate – Te Tira Whakaemi o Te Wairoa

Application for an urgent hearing by Barnie Rutene Pitman on behalf of himself and Tohupaiaheka

Waitangi Tribunal Wai 2501, #2.5.6

30 April 2015

The Waitangi Tribunal declined to hold an urgent inquiry into claims that Tohupaiaheka hapū was wrongly excluded from the mandate obtained by Te Tira Whakaemi o Te Wairoa to negotiate a settlement of Treaty of Waitangi claims.

Download Application for an urgent hearing by Barnie Rutene Pitman on behalf of himself and Tohupaiaheka (544 KB PDF). read more