September 2016 Mahuru – Contents

Supreme Court - Te Kōti Mana Nui

Judicial review - use of land in a Treaty settlement - Ririnui v Landcorp Farming Limited Supreme Court [2016] NZSC 62 - Leo Watson

High Court - Te Kōti Matua

Procedure – whether interim order to continue - validity of resolutions – serious issue - Durie v Paul [2016] NZHC 683 - James Watson

Māori Land Court - Te Kōti Whenua Māori

Injunction - permanent injunction - granted by a narrow margin - long-term occupant - Walker v Flight - Waipapa 1D 2B 3B (2016) 352 Aotea MB 211 (352 AOT 211) - Emerald UnRuh

Trusts - conditional removal of trustee - cancelled on objections made - MacDonald v Wynyard (2016) 131 Taitokerau MB 149 (131 TTK 149) - Emerald UnRuh

Trusts - application to summon meeting of owners dismissed - Hill v Maori Trustee - Mangatainoka 1BC2B3 (2016) 50 Takitimu MB 28 (50 TKT 28) - Indiana Shewen

Succession - ownership of house on trust land - Anderson – Te Raupo (2015) 99 Taitokerau MB 206 (99 TTK 206) - Toni Love

Legislation - Ngā Whakaturetanga

Te Awa Tupua (Whanganui River Claims Settlement) Bill – the endless quest for justice - Linda Te Aho

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

Sir Edward Taihakurei Durie student essay competition 2016

We welcome entries for the 2016 Sir Edward Taihakurei Durie student essay competition sponsored by the Māori Law Review. The competition is open until 5 p.m. Friday 30 September 2016. For details on the competition and how to enter go here.

Student editor

The Co-editors of the Māori Law Review want to appoint a Student Editor for 2017 to assist with producing the Review.

Indigenous Law Speaker Series 2016

Te Awa Tupua: exploring the legal status of the Whanganui River - Professor Mark Hickford and Gerrard Albert will deliver this seminar on 5 October 2016


Judicial review – use of land in a Treaty settlement – Ririnui v Landcorp Farming Limited – Supreme Court

Ririnui v Landcorp Farming Limited

Supreme Court [2016] NZSC 62

9 June 2016

The Supreme Court, by majority, allowed this appeal in part against the Court of Appeal's decision in a judicial review application brought on behalf of Ngāti Whakahemo about the sale of a farm owned by Landcorp. Elias CJ, Glazebrook and Arnold JJ found that Landcorp’s decision to sell Whārere farm was susceptible to judicial review, as were the decisions of Ministers in December 2013 and March 2014 not to intervene in the tender process on Ngāti Whakahemo’s behalf. The decision of Ministers in December 2013 not to intervene and the decision of Landcorp to sell Whārere constituted wrongful exercises of public power.

Download Ririnui v Landcorp Farming Limited (PDF 265 KB)

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Procedure – whether interim order to continue – validity of resolutions – serious issue – Durie

Durie v Paul

High Court [2016] NZHC 683

13 April 2016

This case concerned whether an interim order obtained without notice should continue. The Court decided that the order, that no member of the New Zealand Māori Council was to rely or purport to rely on decisions made at a meeting held in February 2016, should continue in slightly modified form.

Download Durie v Paul (PDF 298 KB). read more

Injunction – permanent injunction – granted by a narrow margin – long-term occupant – Walker

Walker v Flight - Waipapa 1D 2B 3B

Māori Land Court (2016) 352 Aotea MB 211 (352 AOT 211)

12 May 2016

A permanent injunction was granted by a narrow margin against a long-term occupant of the land who did not have permission from the trustees to occupy the land.

Download Walker v Flight - Waipapa 1D 2B 3 B  (PDF 267 KB) read more

Succession – ownership of house on trust land – Anderson

Anderson – Te Raupo

Māori Land Court (2015) 99 Taitokerau MB 206 (99 TTK 206)

31 March 2015

Application to determine ownership of house built on trust land for the purposes of succession can be made in favour of a non-owner because the house is a fixture and the loan agreement recognises the borrower as the owner.

Download Anderson – Te Raupo (2.6 MB PDF).

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Trusts – conditional removal of trustee – cancelled on objections made – MacDonald

MacDonald v Wynyard

Māori Land Court (2016) 131 Taitokerau MB 149 (131 TTK 149)

30 May 2016

A conditional order removing the respondent as a trustee was cancelled. The conditions were not met and the criteria required for removal were not met.

Download MacDonald v Wynyard (PDF 149 KB).

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Trusts – application to summon meeting of owners dismissed – Hill

Hill v Maori Trustee - Mangatainoka 1BC2B3

Māori Land Court (2016) 50 Takitimu MB 28 (50 TKT 28)

14 June 2016

Application to summon a meeting of owners dismissed.

Download Hill v Māori Trustee (214 KB PDF) here.

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