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 - 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

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

Status of land - land remains Māori freehold land - Cross - Horowhenua 9A6B1 (2016) 349 Aotea MB 28 (349 AOT 28) - Indiana Shewen

Legislation - Ngā Whakaturetanga

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)

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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

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

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

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

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

Review of Te Ture Whenua Māori Act 1993 – Select Committee report on Bill – Whiringa-ā-rangi 2016

The Māori Affairs select committee of the House of Representatives has issued its report on Te Ture Whenua Māori Bill. The Bill proposes significant reform to the law relating to Māori land.

Download the Te Ture Whenua Māori Bill as reported back with commentary (25 Whiringa-ā-rangi 2016 November). read more

Legislation – Te Awa Tupua (Whanganui River Claims Settlement) Bill – Select Committee report on Bill – Whiringa-ā-rangi 2016

The Māori Affairs select committee of the House of Representatives has issued its report on Te Awa Tupua (Whanganui River Claims Settlement) Bill.

Download the Te Awa Tupua (Whanganui River Claims Settlement) Bill as reported back with commentary (24 Whiringa-ā-rangi 2016 November). read more

November 2016 Whiringa-ā-rangi – Contents

Māori Appellate Court - Te Kōti Pīra Māori

Trusts - rights to pursue remedies vested in trustees - Monschau v Bamber - Tahorakuri A No 1 Section 33A2 [2016] Māori Appellate Court MB 286 (2016 APPEAL 286) - Toni Love

Partition - appeal dismissed - insufficient support and lack of necessity - MacDonald v MacDonald - Wairau Block XII Section 6C2C [2016] Māori Appellate Court MB 259 (2016 APPEAL 259) - Toni Love

Settlement - agreement given effect by lower court generous - Ujdur - Te Kao 86,87,91, and 108 [2016] Māori Appellate Court MB 229 (2016 APPEAL 229) - Toni Love

Procedure - appeal withdrawn - no issue as to costs - Kingi v Te Ohu Kaimoana Trustee Limited - Ngāti Maru (Taranaki) Fisheries Trust [2016] Māori Appellate Court MB 388-389 (2016 APPEAL 388-389) - Toni Love

Costs - two thirds of High Court 2B scale - MacDonald v MacDonald - Wairau Block XII 6C2C [2016] Māori Appellate Court MB 370 (2016 APPEAL 370) - Toni Love

Costs - half of costs - deductions made before final award determined - Matthews v Matthews - Estate of Graham Ngahina Matthews [2016] Māori Appellate Court 212 (2016 APPEAL 212) - Toni Love

Māori Land Court - Te Kōti Whenua Māori

Ownership - no jurisdiction as dwellings are chattels - Connor - Pataua 4B (2016) 130 Taitokerau MB 17 (130 TTK 17) - Emerald UnRuh

Costs - 50% of costs actually and reasonably incurred - following event - Stockman v Lee (2016) 117 Waikato Maniapoto MB 298 (117 WMN 298) - Indiana Shewen

Costs - in advance of grant of special aid - declined - Te Wani v Peters - Te Puru No 5 (2016) 119 Waikato Maniapoto MB 275 (119 WMN 275) - Emerald UnRuh

Status of land - land remains Māori freehold land - Cross - Horowhenua 9A6B1 (2016) 349 Aotea MB 28 (349 AOT 28) - Indiana Shewen

Partition - application adjourned - Seymour  Paenoa - Te Akau Trust - Paenoa Te Akau (Balance) Block (2016) 139 Waiariki MB 113 (139 WAR 113) - Martha Reilly

Succession - dismissed - evidence of identity - Burgess - Estate of Tangahoe Rawahirua (2016) 350 Aotea MB 181 (350 AOT 181) - Indiana Shewen

Māori reservation - recommendation an urupā set aside - Graham - Parish of Komakorau Lot 240B 2 (2016) 124 Waikato Maniapoto MB 188 (124 WMN 188) - Indiana Shewen

Māori reservation - application to designate land as Māori reservation dismissed - Thomson - Omahu 4C4 Ahu Whenua Trust (2016) 48 Takitimu MB 249 (48 TKT 249) - Martha Reilly


Partition – appeal dismissed – insufficient support and lack of necessity – MacDonald

MacDonald v MacDonald - Wairau Block XII Section 6C2C 

[2016] Māori Appellate Court MB 259 (2016 APPEAL 259)

7 June 2016

An appeal from a decision of the lower court was dismissed. The lower court was correct; there was insufficient support and a lack of necessity for the partition.

Download MacDonald v MacDonald - Wairau Block XII Section 6C2C (276 KB PDF). read more

Trusts – rights to pursue remedies vested in trustees – Monschau

Monschau v Bamber - Tahorakuri A No 1 Section 33A2 

[2016] Māori Appellate Court MB 286 (2016 APPEAL 286)

29 June 2016

This appeal, which was allowed, was about the rights vested in trustees to pursue remedies relating to the land. The Court examined the scope of the vesting in the ahu whenua trustees concluding the trustees were empowered to pursue the remedies they were attempting to in fact and as a matter of law.

Download Monschau v Bamber - Tahorakuri A No 1 Section 33A2  (264 KB PDF). read more

Settlement agreement given effect by lower court generous – Ujdur

Ujdur - Te Kao 86,87,91, and 108

[2016] Māori Appellate Court MB 229 (2016 APPEAL 229)

10 May 2016

Appeal dismissed from a lower court order giving effect to a settlement agreement. The appellant received a generous award. The appeal lacked merit.

Download Ujdur - Te Kao 86,87,91, and 108 (161 KB PDF). read more

Procedure – appeal withdrawn – no issue as to costs – Kingi

Kingi v Te Ohu Kaimoana Trustee Limited - Ngāti Maru (Taranaki) Fisheries Trust

[2016] Māori Appellate Court MB 388-389 (2016 APPEAL 388-389)

11 October 2016

This appeal was withdrawn with both parties agreeing there is no issue as to costs.

Download Kingi v Te Ohu Kaimoana Trustee Limited - Ngāti Maru (Taranaki) Fisheries Trust (127 KB PDF). read more

Costs – two thirds of High Court 2B scale – MacDonald

MacDonald v MacDonald - Wairau Block XII 6C2C

[2016] Māori Appellate Court MB 370 (2016 APPEAL 370)

27 September 2016

The Court awarded two thirds of High Court 2B scale costs (Māori Appellate Court proceedings) with the lower court to determine costs in that court.

Download MacDonald v MacDonald - Wairau Block XII 6C2C (181 KB PDF). read more

Costs – half of costs – deductions made before final award determined – Matthews

Matthews v Matthews - Estate of Graham Ngahina Matthews

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

4 May 2016

Costs award of 50% of total costs plus disbursements. Deductions from total costs included the appellants' unsuccessful application to adduce new evidence and second counsel costs, and the costs associated with the respondent's successful opposition to the application to adduce new evidence.

Download Matthews v Matthews - Estate of Graham Ngahina Matthews (218 KB PDF) here. read more

Chief Judge’s powers – succession order amended – new evidence – vested solely in applicant – Morris

Morris - Pani Te Wairemana Morris Succession

Māori Land Court (2016) 2016 Chief Judge's MB 792 (2016 CJ 792)

28 September 2016

Application seeking amendment of succession order, dated 7 February 1994, granted. Court satisfied that an incorrect decision was made due to error in the presentation of facts. Order granted to vest the land shares of the deceased solely in the applicant, as intended according to the will provided.

Download Morris - Pani Te Wairemana Morris Succession (233 KB PDF).

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