August 2017 Here-turi-kōkā – Contents

Māori Appellate Court – Te Kōti Pīra Māori

2017 Māori Appellate Court Judgments - index

Māori Land Court - Te Kōti Whenua Māori

Procedure - bias - recusal application dismissed - McDonald - Pakiri G (2017) 155 Taitokerau MB 117 (155 TTK 117) - Craig Linkhorn

Procedure - rehearing application out of time - dismissed - Karena v Te Koau A Trust - Te Koau A (2017) 61 Tākitimu MB 25 (61 TKT 25) - Nopera Dennis-McCarthy

Procedure - rehearing application - dismissed - Nee Harland v Prentice - Mana Ahuriri Incorporated Society (2017) 59 Takitimu MB 227 (59 TTK 227) - Nopera Dennis-McCarthy

Succession - governing legislation - Māori Affairs Act 1953 - Hunuhunu - Estate of Wiremu Witariana Hona (2017) 166 Waiariki MB 229 (166 WAR 229) 

Trusts - partial termination of whānau trust - dismissed - Love v Trustees of the George Love Whānau Trust- George Love Whānau Trust (2017) 45 Te Waipounamu MB 142 (45 TWP 142) - Isabella Wilson

Trusts - gift - life interest or beneficiary of trust - Chambers - Akuaku A11B and others (2017) 44 Te Waipounamu MB 135 (44 TWP 135) - Nopera Dennis-McCarthy

Trusts - trustee appointment - objection to proposed trustees dismissed - Awanui Haparapara 4B Ahu Whenua Trust v Huritu - Awanui Haprapara No 4B Block (2017) 167 Waiariki MB 194 (167 WAR 194) - Nopera Dennis-McCarthy

2017 Māori Land Court Judgments - index


Procedure – bias – recusal application dismissed – McDonald

McDonald- Pakiri G

Māori Land Court (2017) 155 Taitokerau MB 117 (155 TTK 117) 

18 July 2017

The judge was asked to step down from hearing two applications on the basis he was biased. None of the grounds advanced were made out. The judge reviewed the law of apparent bias in dismissing the application. He also made observations about professional and personal connections that flow from the size of Māori Land Court bench and the comparatively small number of lawyers who appear in that Court. 

Download McDonald- Pakiri G (163 KB PDF).

read more

Procedure – rehearing application out of time – dismissed – Karena

Karena v Te Koau A Trust - Te Koau A

Māori Land Court (2017) 61 Tākitimu MB 25 (61 TKT 25)

19 July 2017

Application for a rehearing outside the 28-day limit, based on the argument that it was not reasonable for the application to be made in 28 days and that the court had erred on grounds of fact and law. Application dismissed, the rehearing application could have been made sooner and there was no miscarriage of justice in this case.

Download Karena v Te Koau A Trust - Te Koau Aread more

Procedure – rehearing application – dismissed – Nee Harland

Nee Harland v Prentice - Mana Ahuriri Incorporated Society

Māori Land Court (2017) 59 Takitimu MB 227 (59 TTK 227)

12 June 2017

Applicant seeking a rehearing after his original application was dismissed. The grounds were that he was not given the opportunity to be heard and that he was misunderstood by the Court. Application for rehearing dismissed, there was no miscarriage of justice as the applicant had opportunities to be heard and the Court understood his application.

Download Nee Harland v Prentice - Mana Ahuriri Incorporated Society (348 KB PDF). read more

Trusts – partial termination of whānau trust – dismissed – Love

Love v Trustees of the George Love Whānau Trust- George Love Whānau Trust 

Māori Land Court (2017) 45 Te Waipounamu MB 142 (45 TWP 142) 

11 July 2017

The applicant sought to partially terminate a whānau trust because of family conflict. The application was refused. 

Download Love v Trustees of the George Love Whānau Trust- George Love Whānau Trust (228 KB PDF).

read more

Trusts – trustee appointment – objection to proposed trustees dismissed – Awanui Haparapara 4B Ahu Whenua Trust

Awanui Haparapara 4B Ahu Whenua Trust v Huritu - Awanui Haprapara No 4B Block

Māori Land Court (2017) 167 Waiariki MB 194 (167 WAR 194)

10 August 2017

Application objecting to the appointment of two trustees to the Awanui Haparapara 4B Ahu Whenua Trust dismissed. The trustees were broadly acceptable to the beneficiaries and had the necessary ability, experience and knowledge to fulfil their role.

Download Awanui Haparapara 4B Ahu Whenua Trust v Huritu - Awanui Haprapara No 4B Block when available. read more

Succession – governing legislation – Māori Affairs Act 1953 – Hunuhunu

Hunuhunu - Estate of Wiremu Witariana Hona 

Māori Land Court (2017) 166 Waiariki MB 229 (166 WAR 229) 

26 July 2017

Application to determine applicable legislation and entitlement to succession. The Māori Affairs Act 1953 and Māori Affairs Amendment Act 1967 applied.

Download Hunuhunu- Estate of Wiremu Witariana Hona  (139 KB PDF).

read more

Trusts – gift – life interest or beneficiary of trust – Chambers

Chambers - Akuaku A11B and others 

Māori Land Court (2017) 44 Te Waipounamu MB 135 (44 TWP 135)

10 July 2017

Application seeking to transfer (by way of gift) the applicant's Māori land interests to a trust granted with an offer of an alternative order. The alternative order would vary the trust to include the applicant's descendants, which was more consistent with the kaupapa of the Te Ture Whenua Māori Act 1993.

Download Chambers - Akuaku A11B and others (192 KB PDF) read more

July 2017 Hōngongoi – Contents

Māori Appellate Court – Te Kōti Pīra Māori

Injunction - appeal dismissed - Rahui v Runanga 2C2B1 Ahu Whenua Trust - Runanga No 2C No 2B No1 [2017] Māori Appellate Court MB 150 (2016 APPEAL 150) - Toni Love

Injunction - appeal allowed - permanent injunction would be oppressive - Flight v Fletcher - Waipapa 1D 2B 3B [2017] Māori Appellate Court MB 96 (2016 APPEAL 96) - Toni Love

Procedure - appeal application dismissed - directions and time - Smith v Māori Trustee - Waipaoa 5A2 [2017] Māori Appellate Court MB 143 (2016 APPEAL 143) - Toni Love

Procedure - rehearing directed on appeal - Samuel v Samuel - Te Urupiki Samuel [2017] Māori Appellate Court MB 147 (2016 APPEAL 147) - Toni Love

Māori Incorporations - licence to occupy not a long term lease - Bratton v Le Lievre - Muriwhenua Incorporation [2017] Māori Appellate Court 131 (2017 APPEAL 131)

2017 Māori Appellate Court Judgments - index

Māori Land Court - Te Kōti Whenua Māori

Chief Judge's powers - application to cancel trust orders - trust orders amended to be conditional on Family Court judgment - Yates v Nathan - Neville David Nathan Whanau Trust (2016) Chief Judge's MB 223 (2016 CJ 223) - Martha Reilly

Chief Judge's powers - beneficial interests in Lake Waikaremoana - Morrel v Wairoa - Waikaremoana Māori Trust Board (2017) Chief Judge's MB 342 (2017 CJ 342) - Nopera Dennis-McCarthy

Chief Judge's powers - succession order amended - Penney v Kemp - Wiremu Parata Kingi (2017) Chief Judge's MB 257 (2017 CJ 257) - Nopera Dennis-McCarthy

Chief Judge's powers - amendment sought of order declaring Māori Customary land dismissed - Bristol v Ngāti Rangi Trust - Rangiwaea-Tāpiri (2017) Chief Judge's MB 269 (2017 CJ 269) - Nopera Dennis-McCarthy

Trusts - appointment of trustee - misconduct alleged - trustee appointed - Mariu - Owhaoko B and D Trust (2017) 372 Aotea MB 86 (372 AOT 86)

Trusts - removal of trustees - breach of duties - dismissed - Karena v Trustees of Owhaoko C Trust - Owhaoko C Trust (2017) 59 Takitimu MB 288 (59 TKT 288) - Nopera Dennis-McCarthy

Trusts - removal of trustee - misconduct - dismissed - Kauikia-Stevens v Tume - Te Wirihana Tawake Whānau Trust (2016) 354 Aotea MB 36 (354 AOT 36) - Martha Reilly

Trusts - review of trust - interlocutory application dismissed - Povey v Sherard - Otakanini Māori Reservation (Haranui Marae) (2017) 155 Taitokerau MB 4 (155 TTK 4) - Isabella Wilson

2017 Māori Land Court Judgments - index

Waitangi Tribunal - Te Rōpū Whakamana i Te Tiriti o Waitangi

Tū Mai te Rangi! - the Crown and disproportionate Māori reoffending rates (Wai 2540, 2017)

 


Māori Incorporations – licence to occupy not a long term lease – Bratton

Bratton v Le Lievre - Muriwhenua Incorporation

[2017] Māori Appellate Court 131 (2017 APPEAL 131)

8 June 2017

Application to appeal a decision holding that the applicant did not have a prior right to occupy dismissed. The licence to occupy is not a long-term lease because the right of renewal clause is not an automatic right in favour of the applicant. Overall there was  no error of law.

Download Bratton v Le Lievre - Muriwhenua Incorporation (239 KB PDF).

read more

Chief Judge’s powers – succession order amended – Penney

Penney v Kemp - Wiremu Parata Kingi 

Māori Land Court (2017) Chief Judge's MB 257 (2017 CJ 257)

13 June 2017

Application for amendment to a succession order granted after the applicant successfully proved that a mistake had been made by the Court.

Download Penney v Kemp - Wiremu Parata Kingi when available.  read more

Trusts – appointment of trustee – misconduct alleged – trustee appointed – Mariu

Mariu - Owhaoko B and D Trust 

Māori Land Court (2017) 372 Aotea MB 86 (372 AOT 86)

12 July 2017

Application granted to appoint a replacement trustee. The nominated replacement trustee was broadly acceptable to the beneficiaries and had the necessary ability, experience and knowledge to act as a trustee. Allegations that past misconduct disqualified the person were not appropriately before the Court by way of evidence.

Download Mariu - Owhaoko B and D Trust (215 KB PDF). read more

Trusts – removal of trustees – breach of duties – dismissed – Karena

Karena v Trustees of Owhaoko C Trust - Owhaoko C Trust

Māori Land Court (2017) 59 Takitimu MB 288 (59 TKT 288)

30 June 2017

The respondent sought a review of the Owhaoko C Trust and removal of the current trustees on the basis that they had breached their duties relating to the trust. The applicant trustees sought to strike out that review and removal application. The application for review and removal was dismissed. The trustees had breached their duty to be diligent and prudent but there was not sufficient evidence to show that that they should be removed.

Download Karena v Trustees of Owhaoko C Trust - Owhaoko C Trust (436 KB PDF). read more

Trusts – removal of trustee – misconduct – dismissed – Kauikia-Stevens

Kauikia-Stevens v Tume - Te Wirihana Tawake Whānau Trust

Māori Land Court (2016) 354 Aotea MB 36 (354 AOT 36)

31 May 2016

Application to have a trustee removed on grounds of misconduct dismissed.

Download Kauikia-Stevens v Tume - Te Wirihana Tawake Whānau Trust (256 KB PDF).

read more

Chief Judge’s powers – amendment sought of order declaring Māori Customary land dismissed – Bristol

Bristol v Ngāti Rangi Trust - Rangiwaea-Tāpiri 

Māori Land Court (2017) Chief Judge's MB 269 (2017 CJ 269)

13 June 2017

Application to amend 2001 Court order determining that Part 8 Rangipo North (now known as Rangiwaea-Tāpiri) was Māori Customary land belonging to Ngāti Rangi dismissed due to insufficient evidence of a legal interest by the applicants in the land.

Download Bristol v Ngāti Rangi Trust - Rangiwaea-Tāpiri (435 KB, PDF).  read more

Chief Judge’s powers – beneficial interests in Lake Waikaremoana – Morrel

Morrel v Wairoa - Waikaremoana Māori Trust Board 

Māori Land Court (2017) Chief Judge's MB 342 (2017 CJ 342)

23 June 2017

This application sought exercise of the Chief Judge's powers in relation to attempts to terminate alleged trust obligations over Lake Waikaremoana. The application was dismissed. The beneficial interests claimed did not arise.

Download Morrel v Wairoa - Waikaremoana Māori Trust Board when available. read more

Injunction – appeal dismissed – Rahui

Rahui v Runanga 2C2B1 Ahu Whenua Trust - Runanga No 2C No 2B No1 

[2017] Māori Appellate Court MB 150 (2016 APPEAL 150)

2 June 2017

Appeal from an injunction dismissed. A permanent injunction was in accordance with the Act and there was no error of law.

Download Rahui v Runanga 2C2B1 Ahu Whenua Trust - Runanga No 2C No 2B No1 (238 KB PDF). read more

Procedure – rehearing directed on appeal – Samuel

Samuel v Samuel - Te Urupiki Samuel 

[2017] Māori Appellate Court MB 147 (2016 APPEAL 147)

7 June 2017

On an application for leave to appeal a succession order the Appellate Court ordered the lower court to rehear the matter. The context was a succession decision by the lower court which the appellant did not have notice of.

Download Samuel v Samuel - Te Urupiki Samue(174 KB PDF). read more

Procedure – appeal application dismissed – directions and time – Smith

Smith v Māori Trustee - Waipaoa 5A2

[2017] Māori Appellate Court MB 143 (2016 APPEAL 143)

13 June 2017

Application to appeal dismissed. The applicants failed to comply with directions and did not appeal in a timely manner.

Download Smith v Māori Trustee - Waipaoa 5A2 (186 KB PDF). read more

Chief Judge’s powers – application to cancel trust orders – trust orders amended to be conditional on Family Court judgment – Yates

Yates v Nathan - Neville David Nathan Whanau Trust

Māori Land Court (2016) Chief Judge's MB 223 (2016 CJ 223)

20 April 2016

The applicant sought to cancel orders constituting a whānau trust, asserting that her de facto relationship with the landowner entitled her to a half share of relationship property, meaning that her consent should be required for such an order. The respondent challenged the claim that his relationship with the applicant qualified as de facto, which would defeat her entitlement to land interests. The Court amended the trust orders to make the trust conditional on any Family Court order confirming a qualifying relationship.

Download Yates v Nathan - Neville David Nathan Whanau Trust (244 KB PDF).

read more

Trusts – review of trust – interlocutory application dismissed – Povey

Povey v Sherard - Otakanini Māori Reservation (Haranui Marae)

Māori Land Court (2017) 155 Taitokerau MB 4 (155 TTK 4)

29 June 2017

Application filed seeking an interlocutory order authorising trustees of Haranui Marae to register a trust deed with the Charities Commission and the Companies Office, dismissed.

Download Povey v Sherard- Otakanini Māori Reservation (Haranui Marae) (126 KB PDF).

read more

June 2017 Pipiri – Contents

Māori Appellate Court – Te Kōti Pīra Māori

Injunction - appeal allowed - permanent injunction would be oppressive - Flight v Fletcher - Waipapa 1D 2B 3B [2017] Māori Appellate Court MB 96 (2016 APPEAL 96) - Toni Love

Māori Land Court – Te Kōti Whenua Māori

Māori reservations - burial ground - recommendation - appointment of trustees - Minister of Māori Development - Otaramuturangi (Burial Ground) (2017) 163 Waiariki MB 246 (163 WAR 246) - Isabella Wilson

Māori Incorporations - committee member expenses - award of expenses and interest - Lee v Mangapapa B2 Incorporation (2017) 140 Waikato Maniapoto MB 83 (140 APWM 83) - Isabella Wilson

Waitangi Tribunal - Te Rōpū Whakamana i Te Tiriti o Waitangi

Tū Mai te Rangi! - the Crown and disproportionate Māori reoffending rates (Wai 2540, 2017)

Waitangi Tribunal procedure – urgent inquiries - Ngāti Mihiroa Taonga - Kahu Haimona

Waitangi Tribunal procedure – urgent inquiries - Omarukaikuru Shelly Bay - Martha Reilly

Waitangi Tribunal procedure – urgent inquiries - the Electoral (Disqualification of Sentenced Prisoners) Amendment Act claim - Nicholas Coyle

Waitangi Tribunal procedure – urgent inquiries - Turakina Māori Girls College - Kahu Haimona

Waitangi Tribunal procedure – urgent inquiries - the Marine and Coastal Area (Takutai Moana) Act (Te Kapotai) claim - Martha Reilly

Waitangi Tribunal procedure – urgent inquiries - the Taurewa Forest Deed of Settlement Claim - Martha Reilly


Māori reservations – burial ground – recommendation – appointment of trustees – Minister of Māori Development

Minister of Māori Development - Otaramuturangi (Burial Ground) 

Māori Land Court (2017) 163 Waiariki MB 246 (163 WAR 246)

8 June 2017

Recommendation for Otaramuturangi Burial Ground to be set apart as a Māori reservation accepted. Nominated trustees appointed. 

Download Minister of Māori Development- Otaramuturangi (Burial Ground) (304 KB PDF).

read more

Māori Incorporations – committee member expenses – award of expenses and interest – Lee

Lee v Mangapapa B2 Incorporation

Māori Land Court (2017) 140 Waikato Maniapoto MB 83 (140 APWM 83)

5 May 2017

Application claiming historic Committee of Management meeting and travel fees and interest for the period 1983 to 1989 granted along with interest. Limitation issues did not arise.

Download  Lee v Mangapapa B2 Incorporation (1.5 MB PDF).

read more

Injunction – appeal allowed – permanent injunction would be oppressive – Flight

Flight v Fletcher - Waipapa 1D 2B 3B

[2017] Māori Appellate Court MB 96 (2016 APPEAL 96)

12 May 2017

An appeal against a permanent injunction was allowed. The injunction requiring removal of a permanent dwelling from trust property was oppressive.

Download Flight v Fletcher - Waipapa 1D 2B 3B (220 KB PDF). read more