October 2016 Whiringa-ā-nuku – Contents

High Court - Te Kōti Matua

Crime - trustee obtaining property by deception - R v Love [2016] NZHC 2046; [2016] NZHC 2394 - Craig Linkhorn

Māori Appellate Court - Te Kōti Pīra Māori

Chief Judge's powers - appeal - exercise of discretionary power - natural justice - Hallett - Opawa Rangitoto 2G, 2D2 and 2D3B2 [2016] Māori Appellate Court MB 343 (2016 APPEAL 343) - James Greenland

Māori Land Court - Te Kōti Whenua Māori

Injunction - interim injunction granted - Peri v Tiatoa - Rangaunu 2 (2016) 129 Taitokerau MB 170 (129 TTK 170) - Indiana Shewen

Representation of Māori groups - refusal to determine large natural group - Baker v Ngāti Tūwharetoa Hapū Forum - Te Matai No 1 and Te Matai No 2 [2015] Chief Judge's MB 900 (2015 CJ 900) - Toni Love

Chief Judge's powers - vesting order cancelled - Skinner v Harawira - Estate of Maryanne Harawira [2016] Chief Judge's MB 207 (2016 CJ 207) - Indiana Shewen

Chief Judge's powers - application to amend evidence - Bayne - Great Barrier Island [2016] Chief Judge's MB 764 (2016 CJ 764) - James Greenland

Chief Judge's powers - application to amend succession order dismissed - Beniston v Subritzky - Estate of Huhana Subritzky [2016] Chief Judge's MB 178 (2016 CJ 178) - Indiana Shewen

Chief Judge's powers - succession order amended - Stevens - Estate of John Henry Carroll [2016] Chief Judge's MB 1 (2016 CJ 1) - Indiana Shewen

Chief Judge's powers - partition - order amended - Herewini - Torere Pa 1B6 [2016] Chief Judge's MB 34 (2016 CJ 34) - Indiana Shewen

Status of land - change declined - transitional provision - Richard Maxwell Family Trust v Lianne Maxwell Family Trust - Lot 1 Paeroa East X Block (2016) 141 Waiariki MB 53 (141 WAR 53) - Indiana Shewen

Status of land - consolidation order amended - no correction as land General land - Baker - Totaranui A3A (2016) 57 Tairawhiti MB 98 (57 TRW 98) - Indiana Shewen

Occupation orders - whānau trust - seven applications granted - Leckie - Matauri 2K (2016) 137 Taitokerau MB 23 (137 TTK 23) - James Greenland

Trusts - partial termination of whānau trust - Wilson - The Heke and Miriama Hirini Whānau Trust (2016) 56 Tairawhiti MB 239 (56 TRW 239) - Indiana Shewen

Trusts - review, enforcement and trustee removal - Albert v Winitana - Heiotahoka 2B, Te Kopani 36 and Te Kopani 37 Ahu Whenua Trust (2015) 52 Tairawhiti MB 136 (52 TRW 136) - Toni Love

Trusts - enforcement and trustee removal - Kereopa v Gray - Aramiro Trust (2016) 113 Waikato Maniapoto MB 245 (113 WMN 245) - Indiana Shewen

Trusts - ahu whenua trust proposed - further work on trust order and trustee appointment - Russell - Waitoto Māori Reserve 755 Blk 3 Arawata SD (2016) 37 Te Waipounamu MB 139 (37 TWP 139) - Indiana Shewen

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

Print version

Download the Māori Law Review October 2016 (724 KB PDF)

Student editor

The Co-editors of the Māori Law Review want to appoint a Student Editor for 2017 to assist with producing the Review. Applications close 28 October 2016.


Crime – trustee obtaining property by deception – Love

R v Love

High Court [2016] NZHC 2046; [2016] NZHC 2394

1 September 2016; 7 October 2016

Sir Ralph Heberley Ngatata Love, a prominent Māori leader, was found guilty of obtaining $1.5m by deception. The offending occurred as part of Dr Love's involvement in a commercial property development where he was acting as a trustee. He was sentenced to imprisonment for two years and six months.

Download R v Love [2016] NZHC 2046 (verdict) (1.5 MB PDF) and R v Love [2016] NZHC 2394 (sentencing remarks) (376 KB PDF). read more

Chief Judge’s powers – succession order amended – Stevens

Stevens - Estate of John Henry Carroll

Māori Land Court [2016] Chief Judge's MB 1 (2016 CJ 1)

28 January 2016

Application granted to amend a succession order as there was a patent defect in a previous order.

Download Stevens - Estate of John Henry Carroll (254 KB PDF) here. read more

Chief Judge’s powers – appeal – exercise of discretionary power – natural justice – Hallett

Hallett - Opawa Rangitoto 2G, 2D2 and 2D3B2

[2016] Māori Appellate Court MB 343 (2016 APPEAL 343)

21 September 2016

The appellant challenged a decision of the Chief Judge of the Maori Land Court, claiming that a resulting survey plan was incorrect and that he should have been included in the process for resolution of survey issues before that plan was finalised. The appeal was allowed because the appellant had been denied an opportunity to raise his concerns, breaching his right to natural justice. The substantive issue as to accuracy of the survey plan was referred back to the Chief Judge for rehearing.

Download Hallett - Opawa Rangitoto 2G, 2D2 and 2D3B2 (239 KB PDF). read more

Chief Judge’s powers – partition – order amended – Herewini

Herewini - Torere Pa 1B6

Māori Land Court [2016] Chief Judge's MB 34 (2016 CJ 34)

1 February 2016

Application granted to amend a partition order due to an error in evidence.

Download Herewini - Torere Pa 1B6  (403 KB PDF).

read more

Injunction – interim injunction granted – Peri

Peri v Tiatoa - Rangaunu 2

Māori Land Court (2016) 129 Taitokerau MB 170 (129 TTK 170)

05 May 2016

Application for an injunction granted.

Download Peri v Tiatoa - Rangaunu 2 (170 KB PDF).

read more

Representation of Māori groups – refusal to determine large natural group – Baker

Baker v Ngāti Tūwharetoa Hapū Forum - Te Matai No 1 and Te Matai No 2

Māori Land Court [2015] Chief Judge's MB 900 (2015 CJ 900)

18 December 2015

Application seeking a declaration as to representatives of a Māori grouping dismissed for lack of jurisdiction and lack of utility.

Download Baker v Ngāti Tūwharetoa Hapū Forum - Te Matai No 1 and Te Matai No 2 (248 KB PDF) here. read more

Chief Judge’s powers – vesting order cancelled – Skinner

Skinner v Harawira - Estate of Maryanne Harawira

Māori Land Court [2016] Chief Judge's MB 207 (2016 CJ 207)

19 April 2016

Successful application to cancel a vesting order based on incorrect whakapapa provided to the court.

Download Skinner v Harawira - Estate of Maryanne Harawira (407 KB PDF).

read more

Chief Judge’s powers – succession – order amended to include successors entitled to land interests – Matchitt

Matchitt - Frank Hata Estate

Māori Land Court (2016) Chief Judge's MB 860 (2016 CJ 860)

25 October 2016

Successful application to amend succession orders; correct successors; land vested in those entitled.

Download Matchitt - Frank Hata Estate (99 KB PDF). read more

Status of land – change declined – transitional provision – Richard Maxwell Family Trust

Richard Maxwell Family Trust v Lianne Maxwell Family Trust - Lot 1 Paeroa East X Block

Māori Land Court (2016) 141 Waiariki MB 53 (141 WAR 53)

25 May 2016

Application dismissed to change land status from Māori freehold land to General land.

Download Richard Maxwell Family Trust v Lianne Maxwell Family Trust (214 KB PDF).

read more

Status of land – consolidation order amended – no correction as land General land – Baker

Baker - Totaranui A3A

Māori Land Court (2016) 57 Tairawhiti MB 98 (57 TRW 98)

15 March 2016

The Deputy Registrar applied to cancel a consolidation order. A second application was made to give effect to an alienation document that was not completed. The Court did not have the jurisdiction to cancel the consolidation order nor grant the application, as the land was determined to be General land.

Download Baker - Totaranui A3A (157 KB PDF). read more

Chief Judge’s powers – application to amend evidence – Bayne

Bayne - Great Barrier Island

Māori Land Court [2016] Chief Judge's MB 764 (2016 CJ 764)

22 August 2016

Application to amend evidence. The applicant claimed she was adversely affected by a mistake in the presentation of facts to the Court. The Chief Judge has discretion to cancel or amend "orders" (s 44). The Chief Judge had no authority to amend "evidence" previously presented to the Court. Application dismissed.

Download  Bayne - Great Barrier Island (451 KB PDF).

read more

Chief Judge’s powers – application to amend succession order dismissed – Beniston

Beniston v Subritzky - Estate of Huhana Subritzky

Māori Land Court [2016] Chief Judge's MB 178 (2016 CJ 178)

1 April 2016

Application seeking amendment of a succession order dismissed. Likely factual mistake but the justice of the case favoured upholding a subsequent registered security interest.

Download Beniston v Subritzky (366 KB PDF).

read more

Succession – whāngai – application granted – Tukerangi

Tukerangi - Wiremu Papa Hemana

Māori Land Court (2016) 139 Taitokerau MB 270 (139 TTK 270)

18 October 2016

Application seeking succession of interests granted. Applicant recognised as whāngai.

Download Tukerangi - Wiremu Papa Hemana (82 KB PDF).

read more

Trusts – partial termination of whānau trust – Wilson

Wilson - The Heke and Miriama Hirini Whānau Trust

Māori Land Court (2016) 56 Tairawhiti MB 239 (56 TRW 239)

8 March 2016

Two applications seeking partial termination of interest in a whānau trust. One dismissed and a second granted.

Download Wilson - The Heke and Miriama Hirini Whānau Trust (205 KB PDF). read more

Trusts – review, enforcement and trustee removal – Albert

Albert v Winitana - Heiotahoka 2B, Te Kopani 36 and Te Kopani 37 Ahu Whenua Trust

Māori Land Court (2015) 52 Tairawhiti MB 136 (52 TRW 136)

18 September 2015

Applications seeking enforcement of trustee obligations, review of trust and removal of trustee dismissed.

Download Albert v Winitana - Heiotahoka 2B, Te Kopani 36 and Te Kopani 37 Ahu Whenua Trust (212 KB PDF). read more

Trusts – enforcement and trustee removal – Kereopa

Kereopa v Gray - Aramiro Trust

Māori Land Court (2016) 113 Waikato Maniapoto MB 245 (113 WMN 245)

7 January 2016

Application seeking a review of trust, enforcement of the trust obligations, and removal of trustees. Review demonstrates no need for enforcement and removal.

Download Kereopa v Gray - Aramiro Trust (233 KB PDF).

read more

Trusts – ahu whenua trust proposed – further work on trust order and trustee appointment – Russell

Russell - Waitoto Māori Reserve 755 Blk 3 Arawata SD

Māori Land Court (2016) 37 Te Waipounamu MB 139 (37 TWP 139)

Preliminary determination over whether steps to create an ahu whenua trust were met over Waitoto Māori Reserve. Further work required over trust order and appointment of trustee.

Download Russell - Waitoto Māori Reserve 755 Blk 3 Arawata SD ( 201 KB PDF) here.

read more

Occupation orders – whānau trust – seven applications granted – Leckie

Leckie - Matauri 2K

Māori Land Court (2016) 137 Taitokerau MB 23 (137 TTK 23)

6 September 2016

Seven applications for occupation orders were granted to a whānau trust.

Download Leckie - Matauri 2K (219 KB PDF). read more