December 2016 Hakihea – Contents

Supreme Court – Te Kōti Mana Nui

Judicial review - refusal of Waitangi Tribunal to inquire urgently - Supreme Court refuses leave to appeal - Turāhūi v Waitangi Tribunal [2016] NZSC 157

Court of Appeal – Te Kōti Pīra

Judicial Review - Waitangi Tribunal must recommend return of land or clearance - Attorney-General v Haronga [2016] NZCA 626 -  Eru Kapa-Kingi

Judicial review - refusal of Waitangi Tribunal to inquire urgently upheld - Turāhūi v Waitangi Tribunal [2016] NZCA 387 - James Watson

Māori Appellate Court – Te Kōti Pīra Māori

2016 Māori Appellate Court Judgments - index

Injunction - removing beneficial owner from occupying land - adjournment of appeal declined - Taueki v Horowhenua 11 Part Reservation Trust - Horowhenua 11 Lake Block [2016] Māori Appellate Court 212 (2016 APPEAL 212) - Toni Love

Chief Judge's Powers - appeal dismissed - no right to appeal - Haimona v Taiatini - Te Karaka No 1A and Rotoiti 3G1 Blocks [2016] Māori Appellate Court MB 390-402 (2016 APPEAL 390-402) - Toni Love

Status of land - breach of natural justice - rehearing - White v Potroz - Mohakatino Parininihi No 1c West 3A2 [2016] Māori Appellate Court 143 (2016 APPEAL 143) - Toni Love

Costs - 60% of actual costs plus disbursements awarded against applicant - Muru v Maungatautari Ecological Island Trust – Wani Wani 1 Block (2016) 131 Waikato Maniapoto MB 77 (131 WMN 77) - Martha Reilly

Costs - costs should follow the event - Monschau v Bamber - Tahorakuri A No 1 Section 33A2 Ahu Whenua Trust [2016] Māori Appellate Court MB 383-387 (2016 APPEAL 383-387) - Toni Love

Costs - 50% of actual costs awarded - Bamber v Monschau - Tahorakuri A No 1 Section 33A2 [2016] Māori Appellate Court MB 363 (2016 APPEAL 363) - Toni Love

Costs - no award - insufficient evidence and claims not appropriate for costs - Davies v Trustees of Te Tii (Waitangi) B3 Ahu Whenua Trust - Te Tii (Waitangi) B3 Trust [2016] Māori Appellate Court 179 (2016 APPEAL 179) - Toni Love

Procedure - amendment of order to reflect what court decided - proper route - Tatere v Te Aute Trust Board - Mangatainoka No 1BC No 2C, Tamaki 2A2A (Balance) [2016] Māori Appellate Court MB 329 (2016 APPEAL 329) - Toni Love

Māori Land Court - Te Kōti Whenua Māori

2016 Māori Land Court Judgments - index

Costs – successful respondent should not be denied costs – Heard v Albert - Rotohokahoka F6 Trust (2016) 147 Waiariki MB 212 (147 WAR 212) - James Greenland

Costs – application for special aid adjourned - invoices required - Te Awe Awe-Bevan - Pt Rangitikei Manawatu Pt B4 being Lot 1 DP 4102 (Old Post Office) Trust, Pt Rangitikei Manawatu B4A Reservation and Rangitikei-Manawatu B4 Part (Rangiotu School) Reservation (2016) 361 Aotea MB 69 (361 AOT 69) - Martha Reilly

Status of land - change of status to General land allowed - no preferred class of alienees - Farquhar - Palmerston North Māori Reserve Trust (2016) 358 Aotea MB 19 (358 AOT 19) - James Greenland

Alienation - sole owner to joint tenants - confirmation adjourned - Henderson – Waiohiki 1D2B10D (2016) 55 Tākitimu MB 83 (55 TKT 83) - Martha Reilly

Trusts - review of trust dismissed - lack of evidence - Karena v Allen - Te Koau A (2016) 55 Takitimu MB 148 (55 TKT 148) - Martha Reilly

Trusts - review – interim injunction to freeze accounts - Matchitt v Butler - Matangareka 3B Ahu Whenua Trust (2016) 154 Waiāriki MB 261 (154 WAR 261) - Martha Reilly

Trusts - trustee removal - dismissed - threshold not met - Puketapu – Waiwhetu or Arohanui ki te Tangata Marae Māori Reservation (2016) 361 Aotea MB 188 (361 AOT 188) - Martha Reilly

Trusts - trustee removal – two Māori Reservation trustees removed - Jefferies v Winika – Whaiti Kuranui 2D4P (Ruapeka Marae) (2016) 150 Waiariki MB 295 (150 WAR 295) - Martha Reilly

Trusts - trustee appointment - guidelines - interim trustees appointed - Tamou v Smith – Sections 57, 58, 70, 72 and 100 of the Rātana Pā (2016) 361 Aotea MB 75 (361 AOT 75) - Martha Reilly

Succession – General land dispute transferred to High Court - Burns - Maurice Hikana Nutira (2016) 41 Te Waipounamu MB 21 (41 TWP 21) - Martha Reilly

Succession - application to remove administrator - adjourned - Cowan - Hami Wharepouri Te Awa Waetford (2016) 360 Aotea MB 254 (360 AOT 254) - Martha Reilly

Māori reservations – confirmation of easement - alienation - Gudgeon - Lot 46 Deposited Plan 8163 Māori Reservation (Nga Pakiaka ki te Iwi Marae) (2016) 54 Takitimu MB 164 (54 TKT 164) - Martha Reilly

Legislation - Ngā Whakaturetanga

Treaty Settlement legislation before the House of Representatives in 2016 - Carwyn Jones with Eru Kapa-Kingi

Te Ture Whenua Māori Bill – Te Pire mō Te Ture Whenua Māori - Select Committee report on Bill - Craig Linkhorn

Te Awa Tupua (Whanganui River Claims Settlement) Bill - Select Committee report on Bill - Craig Linkhorn


Judicial Review – Waitangi Tribunal must recommend return of land or clearance – Attorney-General v Haronga

Attorney-General v Haronga

Court of Appeal [2016] NZCA 626

19 December 2016

The Court of Appeal dismissed appeals from two High Court decisions about the scope of the Waitangi Tribunal's discretion in recommending remedies where licensed forest land or memorialised land is sought as a remedy for well-founded claims. Both High Court decisions had found the Tribunal's decisions under review were unlawful. The Court of Appeal upheld that result. The Waitangi Tribunal has to make decisions again on the remedies sought.

Download Attorney-General v Haronga. read more

Judicial review – refusal of Waitangi Tribunal to inquire urgently – Supreme Court refuses appeal – Tūrāhui

Turāhūi v Waitangi Tribunal

Supreme Court - Te Kōti Mana Nui [2016] NZSC 157

This dispute concerned the Āraukūkū hapū, Ngāruahine and the Crown in a Treaty settlement context. Mr Tūrāhui's underlying claim for Āraukūkū was that if Ngāruahine’s Treaty claims were settled, as they were to be shortly by settlement legislation, Āraukūkū would be irreversibly prejudiced. Members of Āraukūkū hapū were unsuccessful in seeking an urgent inquiry before the Waitangi Tribunal, and then on review in the High Court and Court of Appeal. The Supreme Court refused to give leave for an appeal to that court.

Download Turāhūi v Waitangi Tribunal [2016] NZSC 157 (135 KB PDF)

read more

Costs – 60% of actual costs plus disbursements awarded against applicant – Muru

Muru v Maungatautari Ecological Island Trust – Wani Wani 1 Block

Māori Land Court (2016) 131 Waikato Maniapoto MB 77 (131 WMN 77)

24 November 2016

Respondent sought 70% of costs incurred from proceedings. The Court agreed that the respondent was unreasonably forced to participate in protracted proceedings and awarded 60% of actual costs against the applicant.

Download Muru v Maungatautari Ecological Island Trust – Wani Wani 1 Block (204 KB PDF). read more

Succession – application to remove administrator – adjourned – Cowan

Cowan - Hami Wharepouri Te Awa Waetford

Māori Land Court (2016) 360 Aotea MB 254 (360 AOT 254)

7 November 2o16

Application to remove administrator of will due to neglect. Application adjourned for three months to allow whānau to make further inquiries into original succession agreement.

Download Cowan - Hami Wharepouri Te Awa Waetford (214 KB PDF). read more

2016 Māori Appellate Court Judgments – index

This table lists the 2016 judgments of the Māori Appellate Court and contains links to reports about the decisions. read more

Succession – General land dispute transferred to High Court – Burns

Burns - Maurice Hikana Nutira

Māori Land Court (2016) 41 Te Waipounamu MB 21 (41 TWP 21)

7 November 2016

Application for succession to Tītī Island interests granted. Dispute over interpretation of will about succession to General land transferred to High Court.

Download Burns - Maurice Hikana Nutira (179 KB PDF). read more

Status of land – breach of natural justice – rehearing – White

White v Potroz - Mohakatino Parininihi No 1c West 3A2

[2016] Māori Appellate Court 143 (2016 APPEAL 143)

23 March 2016

Appeal allowed from an ownership and land status order by the Māori Land Court. A rehearing was granted. There was a breach of natural justice and the lower Court erred in refusing to grant a rehearing.

Download White v Potroz - Mohakatino Parininihi No 1c West 3A2 (479 KB PDF) here. read more

Alienation – sole owner to joint tenants – confirmation adjourned – Henderson

Henderson – Waiohiki 1D2B10D

Māori Land Court (2016) 55 Tākitimu MB 83 (55 TKT 83)

24 November 2016

Applicants seek confirmation of the alienation of whole block of Māori freehold land. Application adjourned to enable applicants to amend their agreement to be a sale and purchase agreement.

Download Henderson – Waiohiki 1D2B10D (337 KB PDF). read more

Injunction – removing beneficial owner from occupying land – adjournment of appeal declined – Taueki

Taueki v Horowhenua 11 Part Reservation Trust - Horowhenua 11 Lake Block

[2016] Māori Appellate Court 212 (2016 APPEAL 212)

12 April 2016

Mr Taueki was unsuccessful in an appeal against the lower Court's decision granting the trustees of the land a permanent injunction to remove him from occupation. On appeal, Mr Taueki's application for an adjournment of the hearing was declined.

Download Taueki v Horowhenua 11 Part Reservation Trust - Horowhenua 11 Lake Block (328 KB PDF). read more

Chief Judge’s Powers – appeal dismissed – no right to appeal – Te Karaka No 1A Ahu Whenua Trust

Haimona v Taiatini - Te Karaka No 1A and Rotoiti 3G1 Blocks 

[2016] Māori Appellate Court MB 390 (2016 APPEAL 390)

27 October 2016

An intended appeal was dismissed. It was brought against the earlier dismissal of an application for exercise of the Chief Judge's powers. There was no decision capable of being appealed.

Download Haimona v Taiatini - Te Karaka No 1A and Rotoiti 3G1 Blocks - Te Karaka No 1A and Rotoiti 3G1 Blocks (714 KB PDF). read more

Trusts – review – interim injunction to freeze accounts – Matchitt

Matchitt v Butler - Matangareka 3B Ahu Whenua Trust

Māori Land Court (2016) 154 Waiāriki MB 261 (154 WAR 261)

21 December 2016

Application to restrain trustees from taking any further steps until a review of trust and assessment of trustees’ actions has been completed granted. Further application adjourned seeking an order against the respondents to make good any losses suffered by the Trust as a result of their breach of trust, and for their removal as trustees.

Download Matchitt v Butler - Matangareka 3B Ahu Whenua Trust (226 KB PDF).

read more

Costs – costs should follow the event – Monschau

Monschau v Bamber - Tahorakuri A No 1 Section 33A2 Ahu Whenua Trust 

[2016] Māori Appellate Court MB 383-387 (2016 APPEAL 383-387)

11 October 2016

Determination that costs should follow the result of this case. Costs awarded at 60% of total costs incurred.

Download Monschau v Bamber - Tahorakuri A No 1 Section 33A2 Ahu Whenua Trust  (683 KB PDF) when available. read more

Costs – 50% of actual costs awarded – Bamber

Bamber v Monschau - Tahorakuri A No 1 Section 33A2 

[2016] Māori Appellate Court MB 363 (2016 APPEAL 363)

23 September 2016

An award of 50% of costs actually and reasonably incurred was made for the respondents.

Download Bamber v Monschau - Tahorakuri A No 1 Section 33A2 (183 KB PDF). read more

Costs – no award – insufficient evidence and claims not appropriate for costs – Davies

Davies v Trustees of Te Tii (Waitangi) B3 Ahu Whenua Trust - Te Tii (Waitangi) B3 Trust

[2016] Māori Appellate Court 179 (2016 APPEAL 179)

1 April 2016

The Court declined to award costs ruling these should lie where they fall. There was insufficient evidence for the legal costs, court costs, and travel costs claimed. The legal costs and the damages claimed are not properly the subject of a costs award.

Download Davies v Trustees of Te Tii (Waitangi) B3 Ahu Whenua Trust - Te Tii (Waitangi) B3 Trust (173 KB PDF). read more

Procedure – amendment of order to reflect what court decided – proper route – Tatere

Tatere v Te Aute Trust Board - Mangatainoka No 1BC No 2C, Tamaki 2A2A (Balance)

[2016] Māori Appellate Court MB 329 (2016 APPEAL 329)

31 August 2016

This appeal sought amendment to orders made about a distribution arrangement. One amendment sought was granted; there were no objections. The other amendments proposed to the orders were not changes properly dealt with under s 86. A proper application should be made.

Download Tatere v Te Aute Trust Board - Mangatainoka No 1BC No 2C, Tamaki 2A2A (Balance) (223 KB PDF) here. read more

Trusts – trustee removal – two Māori Reservation trustees removed – Jefferies

Jefferies v Winika – Whaiti Kuranui 2D4P (Ruapeka Marae)

Māori Land Court (2016) 150 Waiariki MB 295 (150 WAR 295)

2 November 2016

Application seeking the removal of two trustees of a Māori Reservation granted.

Download Jefferies v Winika – Whaiti Kuranui 2D4P (Ruapeka Marae) (302 KB PDF). read more

Trusts – trustee removal – dismissed – threshold not met – Puketapu

Puketapu – Waiwhetu or Arohanui ki te Tangata Marae Māori Reservation

Māori Land Court (2016) 361 Aotea MB 188 (361 AOT 188)

28 November 2016

Application seeking the removal of five trustees dismissed. Submissions did not provide evidence of conduct of such severity to warrant Court intervention.

Download Puketapu – Waiwhetu or Arohanui ki te Tangata Marae Māori Reservation (168 KB PDF). read more

Māori reservations – confirmation of easement – alienation – Gudgeon

Gudgeon - Lot 46 Deposited Plan 8163 Māori Reservation (Nga Pakiaka ki te Iwi Marae)

Māori Land Court (2016) 54 Takitimu MB 164 (54 TKT 164)

4 November 2016

Applicants seek certificate of confirmation of easement necessary to upgrade land. Initially rejected by Deputy Registrar, as proposed easement is an alienation of Māori reservation. Easement granted due to unique circumstances; applicants did not know of the existence of the sewage pipe they seek to divert when the status of land was changed to Māori freehold land.

Download Gudgeon - Lot 46 Deposited Plan 8163 Māori Reservation (Nga Pakiaka ki te Iwi Marae) (326 KB PDF).

read more

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

Turāhūi v Waitangi Tribunal

Court of Appeal - Te Kōti Pīra [2016] NZCA 387

This dispute concerned the Āraukūkū hapū, Ngāruahine and the Crown in a Treaty settlement context. Mr Tūrāhui's underlying claim for Āraukūkū was that if Ngāruahine’s Treaty claims were settled, as they were to be shortly by settlement legislation, Āraukūkū would be irreversibly prejudiced. Members of Āraukūkū hapū were unsuccessful in seeking an urgent inquiry before the Waitangi Tribunal, and then on review in the High Court and also, as a result of this appeal, in the Court of Appeal.

Download Turāhūi v Waitangi Tribunal [2016] NZCA 387 (471 KB PDF)

read more

Status of land – change of status to General land allowed – no preferred class of alienees – Farquhar

Farquhar - Palmerston North Māori Reserve Trust 

Māori Land Court (2016) 358 Aotea MB 19 (358 AOT 19)

31 August 2016

An application was allowed to change the status of land from Māori Freehold land to General land. Trust obligations were varied also. The Court maintained no person fell within the Act's preferred class who would hold a right of first refusal. The Court's decision suggests that trustees acting in a commercially prudent manner will support changing the status of land away from being Māori Freehold land.

Download Farquhar - Palmerston North Māori Reserve Trust (178 KB PDF). read more

2016 Māori Land Court Judgments – index

This table lists the 2016 judgments of the Māori Land Court and contains links to reports about the decisions. read more

Costs – successful respondent should not be denied costs – Heard

Heard v Albert - Rotohokahoka F6 Trust

Māori Land Court (2016) 147 Waiariki MB 212 (147 WAR 212)

19 September 2016

Trustees had successfully defended proceedings and should not be denied costs.

Download Heard v Albert - Rotohokahoka F6 Trust (190 KB PDF). read more

Costs – application for special aid adjourned – invoices required – Te Awe Awe-Bevan

Te Awe Awe-Bevan - Pt Rangitikei Manawatu Pt B4 being Lot 1 DP 4102 (Old Post Office) Trust, Pt Rangitikei Manawatu B4A Reservation and Rangitikei-Manawatu B4 Part (Rangiotu School) Reservation

Māori Land Court (2016) 361 Aotea MB 69 (361 AOT 69)

16 November 2016

Application for special aid adjourned. Directed to provide invoices.

Download Te Awe Awe-Bevan - Pt Rangitikei Manawatu Pt B4 being Lot 1 DP 4102 (Old Post Office) Trust, Pt Rangitikei Manawatu B4A Reservation and Rangitikei-Manawatu B4 Part (Rangiotu School) Reservation (254 KB PDF). read more

Trusts – trustee appointment – guidelines – interim trustees appointed – Tamou

Tamou v Smith – Sections 57, 58, 70, 72 and 100 of the Rātana Pā

Māori Land Court (2016) 361 Aotea MB 75 (361 AOT 75)

18 November 2016

Application seeking replacement of trustees. Applicants directed instead to review trust order, so as to establish guidelines on this and other matters. Court suggests that the trustees appoint independent counsel to support their deliberations and drafting.

Download Tamou v Smith – Sections 57, 58, 70, 72 and 100 of the Rātana Pā (298 KB PDF). read more