November 2015 Whiringa-ā-rangi – Contents

Court of Appeal - Te Kōti Pīra

Partition - appeal dismissed from refusal to partition land - Whaanga v Smith [2015] NZCA 121 - Craig Linkhorn

High Court - Te Kōti Mātua

Judicial review - trusts - Lake Horowhenua Trust - lawfully created - Paki v Māori Land Court [2015] NZHC 2535 - Andrew Row

Māori Appellate Court - Te Kōti Pīra Māori

Chief Judge's powers - breach of natural justice - Tioro v McCallum - Estate of Ngapiki Waaka Hakaraia [2015] Māori Appellate Court MB 483 (2015 APPEAL 483)

Appeals – leave granted - natural justice issues – Matchitt v Matchitt [2015] Māori Appellate Court MB 433 (2015 APPEAL 433)

Costs – award after appeal withdrawn – Trustees of the Maungatautari 4G Section IV Trust v Maungatautari Ecological Island Trust - Maungatautari No 4G Sec IV Block [2015] 2015 Māori Appellate Court MB 634

Alienation - vesting order - extent of Court discretion - Matthews v Matthews – Estate of Graham Ngahina Matthews [2015] Māori Appellate Court MB 512 (2015 APPEAL 512) - Andrew Irwin

Trusts – trustee appointments – all relevant factors weighed correctly – Mahoney v Trustees of the Nicholas George Te Paa Whānau Trust - Okahu 1 and other blocks [2015] Māori Appellate Court MB 417 (2015 APPEAL 417)

Māori Incorporations – elections – lower Court wrong to order an entire new election – Watson v Parker - The Proprietors of Torere 64 Incorporated [2015] Māori Appellate Court MB 543 (2015 APPEAL 543)

Māori Land Court - Te Kōti Whenua Māori

Injunction - interim injunction granted - Shortland v Tipene - Motatau 2 Section 34A1 (2015) 114 Taitokerau MB 212 (114 TTK 212)

Chief Judge's Powers - order amended - Katipa v Dobbs - Harataunga 2C1 (2015) 2015 Chief Judge's MB 635 (2015 CJ 635)

Encroachment and access - land swap and private right of way created - Smith - Waiomu 3B2B2B3B3 and Waiomu 3B2B2B3B1B (2015) 105 Waikato Maniapoto MB 12 (105 WMN 12)

Trusts - injunction, review of trust and trustee removal - interim judgment - directions issued - Karena v Haines-Winiata - Te Koau A Trust (2015) 43 Takitimu MB 200 (43 TKT 200)

Trusts - appointment of trustees - delay - application adjourned - White v Dodd - Ruaihona Marae (2015) 128 Waiariki MB 155 (128 WAR 155)

Occupation order - sought in substitution - dismissed - Leef v Leef - Panguru A47B (2015) 113 Taitokerau MB 11 (113 TTK 11)

Occupation order - application adjourned - governing trust not functioning - Aramoana v Keno - Allotment 612 Parish of Waiotahi (2015) 128 Waiariki MB 169 (128 WAR 169)

Māori reservation - sufficient support - Tipene - Kaikou Lot 3 13B2 (2015) 114 Taitokerau MB 45 (114 TTK 45)

Waitangi Tribunal - Te Rōpū Whakamana i Te Tiriti o Waitangi

Protecting hapū rangatiratanga - Ngāpuhi Mandate Inquiry Report (Wai 2490, 2015) - Dr Carwyn Jones

Self-government - Whaia Te Mana Motuhake - In Pursuit of Mana Motuhake: Report on the Māori Community Development Act Claim (Wai 2417, 2014) - Rachael Jones with Nicholas Coyle

Waitangi Tribunal procedure - urgent inquiries - Te Ture Whenua Māori Act 1993 (Wai 2478, #2.5.21) - Nicholas Coyle

Waitangi Tribunal procedure - urgent inquiries - Flag referenda (Wai 2534, #2.5.3) - Nicholas Coyle

Book review - Arotakena pukapuka

Still wrestling with laws and histories – a comment on Grant Morris, Prendergast: Legal Villain? - Professor Mark Hickford

Print version

Download the Māori Law Review November 2015 (626 KB PDF)

Sir Edward Taihakurei Durie student essay competition 2015

Our judges have selected Monique van Alphen Fyfe’s essay on the proposed reforms to Te Ture Whenua Māori Act 1993 as the winning entry for 2015. Congratulations Monique. The essay will be published in the February 2016 issue of the Review.


Judicial review – trusts – Lake Horowhenua Trust – lawfully created – Paki

Paki v Māori Land Court

High Court [2015] NZHC 2535

14 October 2015

The High Court confirmed that the Māori Land Court properly constituted the Lake Horowhenua Trust. The case concerned challenges related to an accord entered by parties to restore Lake Horowhenua.

Download Paki v Māori Land Court (335 KB PDF). read more

Alienation – vesting order – extent of Court discretion – Matthews

Matthews v Matthews – Estate of Graham Ngahina Matthews

Māori Appellate Court [2015] Māori Appellate Court MB 512 (2015 APPEAL 512)

29 September 2015

By deed of transfer, a father gifted a significant proportion of his Māori land interests to his son.  The son's siblings contested the vesting and the lower Court imposed a compromise by granting the son a life interest. An appeal by the son was allowed.

Download Matthews v Matthews – Estate of Graham Ngahina Matthews (273 KB PDF). read more

Appeals – leave granted – natural justice issues – Matchitt

Matchitt v Matchitt

[2015] Māori Appellate Court MB 433 (2015 APPEAL 433)

20 August 2015

An appeal was filed against the lower Court's decision 28 weeks after that decision's release. The Appellate Court noted that the 4½-month delay in bringing the notice of appeal was not insignificant. The affidavit in support for leave to appeal out of time provided only a partial explanation for the delay. However, the overall interests of justice favoured granting leave to appeal.

Download Matchitt v Matchitt (279 KB PDF) here. read more

Chief Judge’s powers – breach of natural justice – Tioro

Tioro v McCallum - Estate of Ngapiki Waaka Hakaraia

[2015] Māori Appellate Court MB 483 (2015 APPEAL 483)

28 August 2015

The appellants appealed against a decision of the Chief Judge, arguing they were not given notice of the application. There was no dispute the appellants had not been given notice. A breach of natural justice had occurred. A rehearing was ordered.

Download Tioro v McCallum - Estate of Ngapiki Waaka Hakaraia (228 KB PDF) here. read more

Trusts – trustee appointments – all relevant factors weighed correctly – Mahoney

Mahoney v Trustees of the Nicholas George Te Paa Whānau Trust - Okahu 1 and other blocks

[2015] Māori Appellate Court MB 417 (2015 APPEAL 417)

7 September 2015

The appellants appealed the appointment of an interim trustee of the Ngakahu-Ngakohu Whānau Ahu Whenua Trust. The appeal was dismissed; the appointment could not be faulted.

Download Mahoney v Trustees of the Nicholas George Te Paa Whānau Trust - Okahu 1 and other blocks (197 KB PDF) here.

read more

Costs – award after appeal withdrawn – Trustees of Maungatautari 4G Sec IV Block

Trustees of the Maungatautari 4G Section IV Trust v Maungatautari Ecological Island Trust - Maungatautari No 4G Sec IV Block

[2015] 2015 Māori Appellate Court MB 634

12 October 2015

The trustees of the Maungatautari 4G Section IV Trust were ordered to pay $25,000 as a contribution towards the respondents’ costs after those trustees withdrew an appeal from a lower court decision.

Download Trustees of the Maungatautari 4G Section IV Trust v Maungatautari Ecological Island Trust - Maungatautari No 4G Sec IV Block (315 KB PDF). read more

Māori Incorporations – elections – lower Court wrong to order an entire new election – Watson

Watson v Parker - The Proprietors of Torere 64 Incorporated

[2015] Māori Appellate Court MB 543 (2015 APPEAL 543)

7 October 2015

The lower Court investigated the 2014 election of members to the committee of management of the Proprietors of Torere 64 Incorporated and, after finding anomalies in the conduct of the election due to invalid votes being counted, declared the election invalid and ordered a new election. Mr Watson appealed, arguing it was open to the Court to appoint the highest polling candidates to the two vacant positions once the invalid votes were discounted. Appeal allowed.

Download Watson v Parker - The Proprietors of Torere 64 Incorporated (393 KB PDF) here. read more

Injunction – interim injunction granted – Shortland

Shortland v Tipene - Motatau 2 Section 34A1

Māori Land Court (2015) 114 Taitokerau MB 212 (114 TTK 212)

16 October 2015

Interim injunction granted to prevent further work being undertaken on a family grave site while discussions occurred.

Download Shortland v Tipene - Motatau 2 Section 34A1 (178 KB PDF). read more

Chief Judge’s Powers – order amended – Katipa

Katipa v Dobbs - Harataunga 2C1

Māori Land Court (2015) 2015 Chief Judge's MB 635 (2015 CJ 635)

21 September 2015

Application granted to amend a 1962 order recommending the creation of a Māori reservation. The result was a change to the beneficiaries of the reservation.

Download Katipa v Dobbs - Harataunga 2 C1 (339 KB PDF). read more

Trusts – appointment of trustees – delay – application adjourned – White

White v Dodd - Ruaihona Marae

Māori Land Court (2015) 128 Waiariki MB 155 (128 WAR 155)

7 October 2015

Application for the appointment of additional trustees adjourned.

Download White v Dodd - Ruaihona Marae  (194 KB PDF) here. read more

Māori reservation – sufficient support – Tipene

Tipene - Kaikou Lot 3 13B2

Māori Land Court (2015) 114 Taitokerau MB 45 (114 TTK 45)

13 October 2015

Application granted to obtain a recommendation to set apart an area as a Māori reservation for the purpose of a marae and an urupā.

Download Tipene - Kaikou Lot 3 13B2 (187 KB PDF). read more

Occupation order – sought in substitution – dismissed – Leef

Leef v Leef - Panguru A47B

Māori Land Court (2015) 113 Taitokerau MB 11 (113 TTK 11)

30 September 2015

An application for an occupation order was dismissed. The applicant sought an order in substitution for an existing occupation order in order to avoid shifting a house on the land.

Download Leef v Leef - Panguru A47B (251 KB PDF). read more

Occupation order – application adjourned – governing trust not functioning – Aramoana

Aramoana v Keno - Allotment 612 Parish of Waiotahi

Māori Land Court (2015) 128 Waiariki MB 169 (128 WAR 169)

7 October 2015

Application for an occupation order adjourned. The governing ahu whenua trust was not functioning and this required addressing first.

Download Aramoana v Keno - Allotment 612 Parish of Waiotahi (153 KB PDF). read more

Trusts – injunction, review of trust and trustee removal – interim judgment – directions issued – Karena

Karena v Haines-Winiata - Te Koau A Trust

Māori Land Court (2015) 43 Takitimu MB 200 (43 TKT 200)

30 September 2015

Applications for an injunction, review of trust and removal of trustees. The Court issued further directions to progress determination of the matter as it was unable to proceed in current form.

Download  Karena v Haines-Winiata - Te Koau A Trust (218 KB PDF) here. read more

Waitangi Tribunal procedure – urgent inquiries – Te Ture Whenua Māori Act 1993

Applications for urgent hearings concerning the review of Te Ture Whenua Māori Act 1993

Waitangi Tribunal, Wai 2478, #2.5.21

30 September 2015

The Waitangi Tribunal decided to inquire urgently into claims that Crown actions in proposing replacement legislation for Te Ture Whenua Māori Act 1993 were in breach of the principles of the Treaty of Waitangi.

Download Applications for urgent hearings concerning the review of Te Ture Whenua Māori Act 1993 (431 KB PDF). read more

Waitangi Tribunal procedure – urgent inquiries – flag referenda

Applications for urgent hearings concerning the Crown’s decision to review and possibly change the New Zealand flag

Waitangi Tribunal (2015, Wai 2534, #2.5.0003)

9 September 2015

The Waitangi Tribunal declined an urgent inquiry into claims about decisions to review and possibly change the New Zealand flag.

Download Applications for urgent hearings concerning the Crown’s decision to review and possibly change the New Zealand flag (668 KB PDF). read more

Self-government – Whaia te Mana Motuhake – In Pursuit of Mana Motuhake

Whaia Te Mana Motuhake - In Pursuit of Mana Motuhake: Report on the Māori Community Development Act Claim

Waitangi Tribunal (Wai 2417, 2014)

8 December 2014

The Tribunal largely upheld this claim concerning institutions of self-government. The Tribunal concluded, after a full historical review, that the Māori Community Development Act 1962 and its amendments embodied a compact that gave statutory recognition and powers to institutions established by the Māori people for their own self-government.

Download Whaia Te Mana Motuhake - In Pursuit of Mana Motuhake: Report on the Māori Community Development Act Claim (3259 KB PDF). read more