July 2016 Hōngongoi – Contents

High Court - Te Kōti Matua

Judicial review - allocation of contested lands based on tikanga Māori - Te Runanga O Ngati Manawa v CNI Iwi Holdings Ltd [2016] NZHC 1183 - James Watson

Māori Land Court - Te Kōti Whenua Māori

Chief Judge's powers - uneconomic interest - cancellation sought - dismissed - Love v Gemmell - Anatohia Section 90C Block XVIII Gore SD [2016] Chief Judge's MB 122 (2016 CJ 122) - Indiana Shewen

Chief Judge's powers - succession - whāngai - Napia v Toia Estate of Te Wiremu Napia (2016) Chief Judge's MB 420 (2016 CJ 420)

Chief Judge's powers - application about an earlier s 44 outcome not possible - Hallett - Opawa Rangitoto 2D and 2G [2016] Chief Judge's MB 88 (2016 CJ 88) - Indiana Shewen

Alienation - vesting order - cancelled - conditions not met - Walker - Kourateuwhi 2E1A1 (2016) 57 Tairawhiti MB 157 (57 TRW 157) - Indiana Shewen

Partition - granted over residential site - Pihama - Akuaku A12 (2016) 57 Tairawhiti MB 200 (57 TRW 200) - Indiana Shewen

Trusts - application to remove trustee - Karepa v Te Riini - The Kikorangi and Kareti Karepa Whānau Trust (2016) 138 Waiariki MB 134 (128 WAR 134)

Trusts - trustee removed - Chambers v Te Rangikaiwhiria - Te Hinau A Pura Whānau Trust (2016) 350 Aotea MB 74 (350 AOT 74)

Trusts - grounds for trustee removal if no resignation - Haira v White - Te Rihari Trust (2016) 136 Waiariki MB 220 (136 MB 220) - Indiana Shewen

Legislation - Ngā Whakaturetanga

Te Ture mō Te Reo Māori 2016 - Māori Language Act 2016 - new directions, old problems - Māmari Stephens

Te Ture Whenua Māori Bill - policy statement and explanatory note - Toni Love

Treaty of Waitangi relationships - Ngā kōrero rangatira

The relationship between the Crown and Māori - an interview with Ivan Kwok - Kirsten Hagan

Print version

Download the Māori Law Review July 2016 (706 KB PDF)


Chief Judge’s powers – uneconomic interest – cancellation sought – dismissed – Love

Love v Gemmell - Anatohia Section 90C Block XVIII Gore SD

Māori Land Court [2016] Chief Judge's MB 122 (2016 CJ 122)

16 March 2016

The applicant sought to amend an order which vested uneconomic interests in Anatohia Section 90C Block XVIII Gore SD (the 90C block) in the Māori Trustee. The applicant claimed that these interests were acquired unlawfully and thus the vesting of interests was unlawful and ultra-vires the applicable law at the time.

Download Love v Gemmell (297 KB PDF) here.

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Judicial review – allocation of contested lands based on tikanga Māori – Te Runanga O Ngati Manawa

Te Runanga O Ngati Manawa v CNI Iwi Holdings Ltd

High Court [2016] NZHC 1183

2 June 2016

The Kaingaroa State Forest lands were transferred to eight iwi under a Treaty settlement agreement. The iwi were to finalise the allocation of the lands among themselves with an adjudication panel if needed. The applicants claimed that the respondent Company had breached a statutory duty and was in breach of trust, and that the Company and the Panel had committed reviewable errors. Judicial review was granted on the basis that the panel had failed to ‘allocate’ the lands.

Download Te Runanga O Ngati Manawa v CNI Iwi Holdings Ltd [2016] NZHC 1183. read more

Alienation – vesting order – cancelled – conditions not met – Walker

Walker - Kourateuwhi 2E1A1

Māori Land Court (2016) 57 Tairawhiti MB 157 (57 TRW 157)

17 March 2016

Shares were gifted from a sister to her brother to enable him to have a house site on a Māori land block. The house was not built. The applicant asked the court to cancel the earlier vesting order. The order was cancelled. It was made on conditions that had not been met.

Download Walker - Kourateuwhi 2E1A1 (205 KB PDF).

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Chief Judge’s powers – succession – whāngai – Napia

Napia v Toia Estate of Te Wiremu Napia

Māori Land Court (2016) Chief Judge's MB 420 (2016 CJ 420)

24 May 2016

Application seeking exercise of the Chief Judge's powers to reopen a succession decision on the basis there had been a miscarriage of justice. The applicant contended the Court was unaware of a surviving son when succession was ordered. The application was dismissed.

Download Napia v Toia Estate of Te Wiremu Napia  (255 KB PDF) here. read more

Chief Judge’s powers – application about an earlier s 44 outcome not possible – Hallett

Hallett - Opawa Rangitoto 2D and 2G

Māori Land Court [2016] Chief Judge's MB 88 (2016 CJ 88)

3 March 2016

The applicant sought to amend an existing order made under the Chief Judge's powers on the basis of an error in the facts. The applicant also sought an injunction to prevent Transit New Zealand re-aligning State Highway 1 through the land. Deputy Chief Judge Fox dismissed the applications. It is not possible to make an application for the Chief Judge's powers to be used to change the prior exercise of those powers. The proper route was to appeal that earlier outcome.

Download Hallett - Opawa Rangitoto 2D and 2G (201 KB PDF).

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Partition – granted over residential site – Pihama

Pihama - Akuaku A12

Māori Land Court (2016) 57 Tairawhiti MB 200 (57 TRW 200)

17 March 2016

The applicant obtained a partition order to divide a block of Maori Freehold land (Akuaku A12) so she could be awarded a section where her house stood.

Download Pihama - Akuaku A12 (205 KB PDF). read more

Trusts – application to remove trustee – Karepa

Karepa v Te Riini - The Kikorangi and Kareti Karepa Whānau Trust

Māori Land Court (2016) 138 Waiariki MB 134 (128 WAR 134)

5 April 2016

An application to enforce trust obligations and to remove a trustee was dismissed.

Download Karepa v Te Riini (2016) 138 Waiariki MB 134 (128 WAR 134) (216 KB PDF).

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Trusts – trustee removed – Chambers

Chambers v Te Rangikaiwhiria - Te Hinau A Pura Whānau Trust

Māori Land Court (2016) 350 Aotea MB 74 (350 AOT 74)

7 April 2016

Application seeking removal of trustee granted. Application for partial termination of trust dismissed.

Chambers v Te Rangikaiwhiria - Te Hinau A Pura Whānau Trust (314 KB PDF). read more

Trusts – trustee removal and return of trust property – Haira

Haira v White - Te Rihari Trust

Māori Land Court (2016) 136 Waiariki MB 220 (136 MB 220)

24 February 2016

Applications seeking removal of trustee and return of trust assets. Ground for removal made out; however the trustee was given two weeks to resign and return property due to health and other related difficulties.

Download Haira v White - Te Rihari Trust (223 KB PDF)

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Te Ture mō Te Reo Māori 2016 – Māori Language Act 2016 – new directions, old problems

Māmari Stephens, senior lecturer in law at Victoria University of Wellington and a consultant editor to the Māori Law Review, examines Te Ture mō Te Reo Māori 2016 the Māori Language Act 2016 and notes, with disappointment, that it does not expand the right to use the Māori language. read more

The relationship between the Crown and Māori – an interview with Ivan Kwok

Kirsten Hagan, Senior Analyst at the New Zealand Treasury and Māori Law Review contributor, interviews the Treasury's Ivan Kwok about the relationship between the Crown and Māori. read more