March 2016 Poutū-te-rangi – Contents

Court of Appeal - Te Kōti Pīra

Judicial review – appeal dismissed from grant of review – selection process for membership of Independent Maori Statutory Board -Te Rangi v Jackson [2015] NZCA 490 - James Watson

High Court - Te Kōti Matua

Judicial review – Crown conduct after Treaty settlement – preliminary questions hearing refused - Ngāti Whātua Ōrākei Trust v Attorney-General [2016] NZHC 347 - James Watson

Costs - not imposed - parties need to co-exist in the future - Solomon-Rehe v Hokotehi Moriori Trust [2016] NZHC 239 - Stevie-Rae Hart

Māori Appellate Court - Te Kōti Pīra Māori

Appeals – assessing merits of appeal before ordering rehearing – Matchitt v Matchitt- Te Kaha 65 [2015] Māori Appellate Court MB 662 (2015 APPEAL 662) - Stevie-Rae Hart

Costs – receipt of Special Aid not a shield against an award of costs – Gemmell v Gemmell - Mohaka A4 [2015] Māori Appellate Court MB 657 (2015 APPEAL 657) - Stevie-Rae Hart

Trusts – leases to beneficiaries – unclear whether trustees breached their fiduciary duty – Davies v Trustees of Te Tii (Waitangi) B3 Ahu Whenua Trust - Te Tii (Waitangi) B3 Trust [2015] Māori Appellate Court MB 611 (2015 APPEAL 611) - Stevie-Rae Hart

Māori Land Court - Te Kōti Whenua Māori

Ownership - house - Rata - Pakanae 2W1B (2016) 125 Taitokerau MB 17 (125 TTK 17) - Indiana Shewen

Procedure - withdrawing an application - return of land held for public works - The Property Group - Awapuni 1F3 (2016) 56 Tairawhiti MB 56 (56 TRW 56) - Indiana Shewen

Alienation - lease beyond trust order - estoppel - notice - evidence - Te Wani v Peters - Te Puru No 5 (2015) 112 Waikato Maniapoto MB 49 (112 WMN 49) - Craig Linkhorn

Māori Incorporations - licence to occupy land - two competing claims - Le Lievre v Muriwhenua Incorporation - Muriwhenua Incorporation (2016) 124 Taitokerau MB 231 (124 TTK 231) - Indiana Shewen

Waitangi Tribunal - Te Rōpū Whakamana i Te Tiriti o Waitangi

Review of Te Ture Whenua Māori Act 1993 – Waitangi Tribunal inquiry – summary of findings and recommendations - He Kura Whenua Ka Rokohanga - report on claims about reform of Te Ture Whenua Māori Act 1993 (Pre-publication) (Wai 2478, 2016) - Toni Love

Waitangi Tribunal procedure - urgent inquiries - mandate strategy - Application for an urgent hearing concerning the Crown’s recognition of the draft mandate strategy of the Uenuku Charitable Trust (Wai 2541, #2.5.4) - Nicholas Coyle

Review of Te Ture Whenua Māori Act 1993 - Waitangi Tribunal inquiry - initiation, consultation and consent - Toni Love

Print version

Download the Māori Law Review March 2016 (652 KB PDF)

Sir Edward Taihakurei Durie student essay competition 2015

Not one more acre: opportunity and compromise in Te Ture Whenua Māori Reform - Monique van Alphen Fyfe


Review of Te Ture Whenua Māori Act 1993 – Waitangi Tribunal inquiry – summary of findings and recommendations

He Kura Whenua Ka Rokohanga - report on claims about reform of Te Ture Whenua Māori Act 1993 (Pre-publication)

Chapter 5 - Ngā Whakakitenga Me Ngā Tūtohinga / Summary of findings and recommendations

Waitangi Tribunal (Wai 2478, 2016)

11 March 2016

The Waitangi Tribunal inquired urgently into claims about the Crown's process of consultation and proposed reforms to Te Ture Whenua Māori Act 1993. The Tribunal has issued its report. In this article Toni Love looks at Chapter 5, which summarises the findings, and make recommendations for the prevention of prejudice to Māori landowners and their whānau, hapū and iwi.

Download He Kura Whenua Ka Rokohanga - report on claims about reform of Te Ture Whenua Māori Act 1993 (Pre-publication). read more

Appeals – assessing merits of appeal before ordering rehearing – Matchitt

Matchitt v Matchitt- Te Kaha 65

[2015] Māori Appellate Court MB 662 (2015 APPEAL 662)

23 November 2015

An appeal was set down for 13 November 2015. Prior to that date the parties filed a joint memorandum, seeking a rehearing (amongst other things). The issue for the Appellate Court to determine was whether it could refer the matter back to the lower Court for reconsideration without first concluding that the decision of the lower Court was in some way tainted and that a rehearing was required.

Download Matchitt v Matchitt- Te Kaha 65 (190 KB PDF) here.

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Costs – receipt of Special Aid not a shield against an award of costs – Gemmell

Gemmell v Gemmell - Mohaka A4

[2015] Māori Appellate Court MB 657 (2015 APPEAL 657)

17 November 2015

Costs decision arising from an appeal. Receipt of Special Aid did not mean a party might not become liable for costs.

Download Gemmell v Gemmell - Mohaka A4 (227 KB PDF) here. read more

Trusts – leases to beneficiaries – unclear whether trustees breached their fiduciary duty – Davies

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

[2015] Māori Appellate Court MB 611 (2015 APPEAL 611)

19 October 2015

Appeal against the lower Court's decision which found that the trustees of the Te Tii (Waitangi) B3 Ahu Whenua Trust had not breached the Act, the trust order, or general trustee duties by seeking to bring existing leases over certain lands to an end. The appeal was allowed in part and the matter was referred back to the lower Court to consider the issue of whether there was a breach of fiduciary duty by the trustees. An injunction preserving the tenants' rights during the litigation was continued.

Download Davies v Trustees of Te Tii (Waitangi) B3 Ahu Whenua Trust - Te Tii (Waitangi) B3 Trust (398 KB PDF) here. read more

Judicial review – Crown conduct after Treaty settlement – preliminary questions hearing refused – Ngāti Whātua Ōrākei Trust

Ngāti Whātua Ōrākei Trust v Attorney-General

High Court [2016] NZHC 347

4 March 2016

The court declined to determine preliminary questions raised by the second defendant, Ngāti Pāoa Iwi Trust. The judicial review proceeding related to a preliminary decision by the Minister for Treaty of Waitangi Negotiations to transfer certain land in Auckland to the Ngāti Pāoa Iwi Trust as part of an iwi specific Treaty settlement. In summary, Ngāti Whatua claimed the land could not be transferred because that tribe held exclusive mana whenua (customary authority over the affected land).

Download Ngāti Whātua Ōrākei Trust v Attorney-General . read more

Judicial Review – appeal dismissed from grant of review – selection process for membership of Independent Maori Statutory Board – Te Rangi

Te Rangi v Jackson

Court of Appeal [2015] NZCA 490

19 October 2015

The selection process used to appoint two members to the Auckland Council's Independent Māori Statutory Board was challenged by judicial review. The High Court granted judicial review and set aside the appointment of the member whose place was challenged. The Court of Appeal dismissed an appeal from that decision.

Download Te Rangi v Jackson (407 KB PDF). read more

Costs – not imposed – parties need to co-exist in the future – Solomon-Rehe

Solomon-Rehe v Hokotehi Moriori Trust

High Court [2016] NZHC 239

22 February 2016

Costs decision following trust litigation about the governance of the Hokotehi Moriori Trust. The Court decided that neither side should have costs awarded in their favour. Both sides were unsuccessful in the litigation. Importantly, the Court noted that no award of costs was an appropriate outcome given the need for the various participants to co-exist in the future.

Download Solomon-Rehe v Hokotehi Moriori Trust (427 KB PDF) once available. read more

Procedure – withdrawing an application – return of land held for public works – The Property Group

The Property Group - Awapuni 1F3

Māori Land Court (2016) 56 Tairawhiti MB 56 (56 TRW 56)

18 February 2016

The applicant had applied to vest land in the successors of the original owners because the land was no longer required for public works purposes. No agreement over terms of transfer had been reached with the successors identified and the applicant sought to withdraw the application. The Court set out factors on which it wanted to receive further submissions on and adjourned the application further.

Download The Property Group - Awapuni 1F3 (208 KB PDF)

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Māori Incorporations – licence to occupy land – two competing claims – Le Lievre

Le Lievre v Muriwhenua Incorporation - Muriwhenua Incorporation 

Māori Land Court (2016) 124 Taitokerau MB 231 (124 TTK 231)

29 January 2016

Two people claimed rights to occupy the same part of a block of land. The Court decided in favour of the applicant over the second respondent.

Download Le Lievre v Muriwhenua Incorporation - Muriwhenua Incorporation (304 KB PDF).
read more

Alienation – lease beyond trust order – estoppel – notice – evidence – Te Wani

Te Wani v Peters - Te Puru No 5

Māori Land Court (2015) 112 Waikato Maniapoto MB 49 (112 WMN 49)

10 December 2015

This was a preliminary decision concerning a lease of land. The applicant trustees wanted to remove the respondent from the land and claimed the lease he produced was not authentic. The Court accepted it was authentic. However, the trustees did not have power to lease land in this manner. Nevertheless, the trustees could not now deny the respondent a right to occupy. Further evidence was sought so the Court could decide what arrears of rates and rent the respondent still owed.

Download Te Wani v Peters - Te Puru No 5 (119 KB PDF) here. read more

Ownership – house – Rata

Rata - Pakanae 2W1B

Māori Land Court (2016) 125 Taitokerau MB 17 (125 TTK 17)

17 February 2016

The court determined the ownership of a house located on Pakanae 2W1B.

Download Rata - Pakanae 2W1B (1,543 KB PDF)

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Waitangi Tribunal procedure – urgent inquiries – the Uenuku Charitable Trust Mandate Strategy Claim

Application for an urgent hearing concerning the Crown’s recognition of the draft mandate strategy of the Uenuku Charitable Trust

Waitangi Tribunal (Wai 2541, #2.5.4)

29 February 2016

The Waitangi Tribunal declined to inquire urgently into the Crown’s recognition of a draft mandate strategy concerning Uenuku peoples. The claim was really a dispute between claimant groups

Download Application for an urgent hearing concerning the Crown’s recognition of the draft mandate strategy of the Uenuku Charitable Trust (459 KB PDF). read more