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Procedure - appeal withdrawn - no issue as to costs - Kingi v Te Ohu Kaimoana Trustee Limited - Ngāti Maru (Taranaki) Fisheries Trust [2016] Māori Appellate Court MB 388-389 (2016 APPEAL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

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


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

Costs – in advance of grant of special aid – declined – Te Wani

Te Wani v Peters - Te Puru No 5

Māori Land Court (2016) 119 Waikato Maniapoto MB 275 (119 WMN 275)

6 May 2016

The respondent was granted the ongoing right to occupy Te Puru Block No 5, on the condition that rent and rates (including arrears) are paid in full.

Download Te Wani v Peters - Te Puru No 5 (PDF 175 KB)

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Costs – 50% of costs actually and reasonably incurred – following event – Stockman

Stockman v Lee

Māori Land Court (2016) 117 Waikato Maniapoto MB 298 (117 WMN 298)

6 April 2016

Application for costs following dismissal of an application seeking termination of a trust. Costs awarded in favour of the successful respondents.

Download Stockman v Lee (180 KB PDF). read more

Status of land – land remains Māori freehold land – Cross

Cross - Horowhenua 9A6B1

Māori Land Court (2016) 349 Aotea MB 28 (349 AOT 28)

29 February 2016

The applicant sought orders concerning the ownership and status of the Horowhenua 9A6B1 block. The land remained Māori freehold land.

Download Cross - Horowhenua 9A6B1 (265 KB PDF).

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Ownership – no jurisdiction as dwellings are chattels – Connor

Connor - Pataua 4B

Māori Land Court (2016) 130 Taitokerau MB 17 (130 TTK 17)

12 May 2016

Application to determine ownership of dwellings dismissed as structures were chattels belonging to the applicant, and therefore lay outside the jurisdiction of the court.

Download Connor - Pataua 4B (PDF 132 KB).

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Succession – dismissed – evidence of identity – Burgess

Burgess - Estate of Tangahoe Rawahirua

Māori Land Court (2016) 350 Aotea MB 181 (350 AOT 181)

11 April 2016

Application to vest the interests of an estate in the applicant dismissed due to insufficient evidence to prove the applicant was the legitimate successor.

Download Burgess - Estate of Tangahoe Rawahirua (249 KB PDF). read more

Māori reservation – recommendation an urupā set aside – Graham

Graham - Parish of Komakorau Lot 240B 2

Māori Land Court (2016) 124 Waikato Maniapoto MB 188 (124 WMN 188)

29 July 2016

Application granted to set aside an urupā.

Download Graham - Parish of Komakorau  ( 187 KB PDF) here.

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