May 2017 Haratua – Contents

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

 


Waitangi Tribunal procedure – urgent inquiries – declined – the Electoral (Disqualification of Sentenced Prisoners) Amendment Act Claim

Application for an urgent inquiry concerning prisoners' voting rights

The Waitangi Tribunal (Wai 2472, #2.5.14)

17 February 2017

The Waitangi Tribunal dismissed an application for an urgent inquiry about prisoners' voting rights under the Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010.

Download Application for an urgent inquiry concerning prisoners' voting rights (3154 KB PDF). read more

Waitangi Tribunal procedure – urgent inquiries – declined – Turakina Māori Girls’ College

Application for an urgent inquiry concerning the Crowns actions and omissions regarding the Turakina Māori Girls College Claim

The Waitangi Tribunal (Wai 2564, #2.5.2)

24 November 2016

The Waitangi Tribunal declined to inquire urgently into the Crown’s actions and omissions during the process that led to the decision of the Minister of Education to disestablish and close Turakina College.

A link to Application for an urgent hearing concerning the Crowns actions and omissions concerning the Turakina Māori Girls College Claim will be provided once available.
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Waitangi Tribunal procedure – urgent inquiries – declined – Omarukaikuru Shelly Bay

Application for an urgent inquiry into the Crown’s actions concerning the sale and development of land located at Omarukaikuru/Shelly Bay

The Waitangi Tribunal (Wai 2572, #2.5.3)

1 February 2017

The Waitangi Tribunal dismissed an application for an urgent inquiry into the proposed sale and development of land located at Omarukaikuru/Shelly Bay in Te Whanganui a Tara/Wellington.

Download Application for an urgent inquiry into the Crown’s actions concerning the sale and development of land located at Omarukaikuru/Shelly Bay (3545 KB) read more

Waitangi Tribunal procedure – urgent inquiries – declined – Ngāti Mihiroa Taonga

Application for an urgent inquiry concerning the alleged inadequacy of the Heretaunga Tamatea Deed of Settlement to address and settle the Wai 2407 claim                                                              

The Waitangi Tribunal (Wai 2555, #2.5.6)

17 October 2016

The Waitangi Tribunal declined to inquire urgently into the claimant’s application concerning the Wai 2407 claim which concerns the loss of taonga belonging to the Estate of Pukepuke Tangiora. The applicants seek the return of the taonga which the Deed of Settlement does not contemplate.

Download Application for an urgent inquiry concerning the alleged inadequacy of the Heretaunga Tamatea Deed of Settlement to address and settle the Wai 2407 claim (448 KB).
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April 2017 Paenga-whāwhā – Contents

Supreme Court – Te Kōti Mana Nui

Fiduciary duty - Crown owed fiduciary duties to owners of Nelson tenths reserves - Proprietors of Wakatū v Attorney-General [2017] NZSC 17

High Court – Te Kōti Matua

Judicial review - dismissed - concessions to use conservation estate - respondent gave effect to Treaty principles - Ngai Tai Ki Tamaki Tribal Trust v Minister of Conservation [2017] NZHC 300 - James Watson

Takutai Moana – customary marine title recognised – Rakiura – status of applicant – Re Tipene [2016] NZHC 3199 - Andrew Irwin

Māori Appellate Court – Te Kōti Pīra Māori

Procedure - no final decision to appeal - Hunia v Skerrett-White – Kawerau A8D Block [2017] Māori Appellate Court 50 (2017 APPEAL 50) - Toni Love

Leave to appeal out of time - application declined - Tahere v Tau - Rangihamama X3A and Omapere Taraire E (Aggregated) [2017] Māori Appellate Court 62 (2017 APPEAL 62) - Toni Love

Leave to appeal out of time - application declined - Greenaway - Paenoa Te Akau [2017] Māori Appellate Court 44 (2017 APPEAL 44) - Toni Love

2017 Māori Appellate Court Judgments - index

2016 Māori Appellate Court Judgments - index

Māori Land Court - Te Kōti Whenua Māori

Injunction - trespass by ouster – Motiti - Hoete v Faulkner – Motiti North C No 1 Block (2017) 136 Waikato Maniapoto MB 278 (136 WMN 278) - Nopera Dennis-McCarthy

Status of land - application for change to general land to facilitate sale - application granted - Skudder - Tahorakuri A No 1 Sec 8B and Lot 1 Deposited Plan South Auckland 63822 (2017) 160 Waiariki MB 242 (160 WAR 242) - Nopera Dennis-McCarthy

Roadway - rehearing - application to cancel roadway dismissed - Diamondaras v Rice- Rangiuru Part No 2A Roadway (2017) 159 Waiariki MB 94 (159 WAR 94) - Isabella Wilson

2017 Māori Land Court Judgments - index

Resource Management - Ngā Whakahaere Rauemi

Māori interests in natural resource management - 2016 in review by Annie O'Connor, Dave Randal and Alanna Garland Duignan

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 - 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

Legislation - Ngā Whakaturetanga

Te Ture Whenua Māori Bill – Te Pire mō Te Ture Whenua Māori - Select Committee report on Bill - Craig Linkhorn


Fiduciary duty – Crown owed fiduciary duties to owners of Nelson tenths reserves – reasons – Proprietors of Wakatū

Proprietors of Wakatū v Attorney-General

Supreme Court [2017] NZSC 17

28 February 2017

Kylee Katipo discusses the recent Supreme Court judgment in Proprietors of Wakatū v Attorney General, which ruled that the Crown owed fiduciary duties to the customary owners of the Nelson tenths reserves.

See also Dr Alex Frame's article explaining some of the implications of the Supreme Court's decision and our summary article about the decision:

Fiduciary duty – a few remarks on Proprietors of Wakatū v Attorney-General [2017] NZSC 17 - Dr Alex Frame

Fiduciary duty – Crown owed fiduciary duties to owners of Nelson tenths reserves – Proprietors of Wakatū v Attorney-General - Martha Reilly

read more

Fiduciary duty – a few remarks on Proprietors of Wakatū v Attorney-General [2017] NZSC 17

The Wakatū Decision: A Landmark Moment in New Zealand Law

Public lecture at Victoria University of Wellington, hosted by the New Zealand Centre for Public Law and the Māori Law Review and with the support of the Faculty of Law and Office of the Deputy Vice Chancellor (Māori).

20 April 2017

Dr Alex Frame (University of Waikato) illustrates some of the implications of the Supreme Court's recent decision in Proprietors of Wakatū v Attorney-General [2017] NZSC 17.

See also Kylee Katipo's article summarising the reasons given in the Supreme Court's decision and our summary article about the decision:

Fiduciary duty - Crown owed fiduciary duties to owners of Nelson tenths reserves - reasons - Proprietors of Wakatū - Kylee Katipo

Fiduciary duty – Crown owed fiduciary duties to owners of Nelson tenths reserves – Proprietors of Wakatū v Attorney-General - Martha Reilly  read more

2017 Māori Appellate Court Judgments – index

This table lists the 2017 judgments of the Māori Appellate Court and contains links to reports about the decisions. read more

Procedure – no final decision to appeal – Hunia

Hunia v Skerrett-White – Kawerau A8D Block

[2017] Māori Appellate Court 50 (2017 APPEAL 50)

30 March 2017

Application to appeal a lower Court decision dismissed. The Māori Appellate Court has no jurisdiction as the lower Court decision was not final.

Download Hunia v Skerrett-White – Kawerau A8D Block (195 KB PDF) when available. read more

Procedure – leave to appeal out of time – application declined – Tahere

Tahere v Tau - Rangihamama X3A and Omapere Taraire E (Aggregated) 

[2017] Māori Appellate Court 62 (2017 APPEAL 62)

11 April 2017

Application for leave to appeal out of time declined. In the interests of justice leave to appeal dismissed.

Download  Tahere v Tau - Rangihamama X3A and Omapere Taraire E (Aggregated) (232 KB PDF) when available. read more

Tū Mai te Rangi – the Crown and disproportionate Māori reoffending rates

Tū Mai Te Rangi! The Report on the Crown and Disproportionate Reoffending Rates

Waitangi Tribunal Wai 2540, 2017 (pre-publication version)

11 April 2017

The Waitangi Tribunal has upheld claims, inquired into urgently, about reducing the high rate of reoffending by Māori relative to non-Māori through the work of the Department of Corrections.

Download Tū Mai Te Rangi! The Report on the Crown and Disproportionate Reoffending Rates (2.4 MB PDF). read more

2017 Māori Land Court Judgments – index

This table lists the 2017 judgments of the Māori Land Court and contains links to reports about the decisions. read more

Judicial review – dismissed – concessions to use conservation estate – respondent gave effect to Treaty principles – Ngai Tai Ki Tamaki Tribal Trust

Ngai Tai Ki Tamaki Tribal Trust v Minister of Conservation

High Court [2017] NZHC 300

1 March 2017

The applicant sought judicial review of decisions made by the Minister of Conservation's delegate relating to concessions made to other operators to promote tourism for Motutapu Island Recreation Reserve and Rangitoto Island Scenic Reserve. The application was dismissed. The decisions at issue did give effect to the principles of the Treaty of Waitangi.

Download Ngai Tai Ki Tamaki Tribal Trust v Minister of Conservation (336 KB PDF). read more

Leave to appeal out of time – application declined – Greenaway

Greenaway - Paenoa Te Akau

[2017] Māori Appellate Court 44 (2017 APPEAL 44)

7 March 2017

Application for leave to appeal out of time declined. A delay of roughly two years is too long. The respondents would suffer undue prejudice.

Download Greenaway - Paenoa Te Akau 2 (212 KB PDF) here.

read more

Māori interests in natural resource management: 2016 in review

Annie O'Connor, Dave Randal and Alanna Garland Duignan from Buddle Findlay review legal developments from 2016 relating to Māori interests in natural resources.

read more

Waitangi Tribunal procedure – urgent inquiries – declined – The Taurewa Forest Deed of Settlement Claim

Application for an urgent inquiry into the actions of the Crown during the ratification of the Deeds of Settlement concerning Central North Island Forests Land.

Waitangi Tribunal (Wai 2562, #2.5.3)

1 February 2017

The Waitangi Tribunal dismissed an application for an urgent inquiry into the actions of the Crown during the ratification of the Deeds of Settlement concerning Central North Island Forests Land. The applicants claimed there was insufficient support during the ratification process.

Download Application for an urgent inquiry into the actions of the Crown during the ratification of the Deeds of Settlement concerning Central North Island Forests Land (637 KB). read more

Status of land – application for change to general land to facilitate sale – application granted – Skudder

Skudder - Tahorakuri A No 1 Sec 8B and Lot 1 Deposited Plan South Auckland 63822

Māori Land Court (2017) 160 Waiariki MB 242 (160 WAR 242)

11 April 2017

Application for a change in status of land from Maori Freehold land to General land, due to the applicant's ill-health and poor financial and physical condition of the land. Application granted, on the condition that part of the land was set aside as a Māori reservation and the section where the house was located was retained as Māori Freehold land.

Download Skudder - Tahorakuri A No 1 Sec 8B and Lot 1 Deposited Plan South Auckland 63822 (219KB, PDF). read more

Status of land – change of status – dismissed – no compelling evidence – McBride

McBride- Aorangi 14B1

Māori Land Court

1 March 2017

Application seeking to change the status of Aorangi 14B1 from Māori freehold to General land.

Download McBride - Aorangi 14B1  (123 KB PDF).

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Costs – 70% of incurred costs awarded – unnecessary delays in proceedings – Flutey

Flutey - Papatupu 2A No 2

Māori Land Court (2017) 366 Aotea MB 263 (366 AOT 263)

15 March 2017

Costs decision following judgment in which the applicant successfully sought entitlement to proceeds acquired from the use of her land. The respondents were ordered to pay 70% of costs incurred to the applicant.

Download Flutey v The Executors of the Estate of Jim Huirua Sullivan - Papatupu 2A No (283 KB PDF). read more

Trusts – trustee appointment – debtor to trust ineligible – Severne

Deputy Registrar v Severne - Okahukura 8M2C2C2B

Māori Land Court (2017) 365 Aotea MB 174 (365 AOT 174)

15 February 2017

Application by Mr Howell and Ms Gardiner for appointment as responsible trustees of the Okahukura 8M2C2C2B Trust. Mrs Gardiner appointed, application from Mr Howell dismissed.

Download Deputy Registrar v Severne - Okahukura 8M2C2C2B (193 KB, PDF). read more

Trusts – partial termination – whānau trust – Panapa

Panapa - Ngawhare rāua ko Merepapuha Raukura Maika Te Rangipuawhe Whānau Trust 

Māori Land Court (2017) 159 Waiariki MB 277 (159 WAR 277)

29 March 2017

Application granted allowing partial termination of a whānau trust and vesting in another.

Download Panapa - Ngawhare rāua ko Merepapuha Raukura Maika Te Rangipuawhe Whānau Trust (228 KB, PDF). read more

Succession – court has no jurisdiction to determine validity of will – Pine

Pine - Estate of Waina Nicholson

Māori Land Court (2017) 58 Tākitimu MB 123 (58 TKT 123)

23 March 2017

This was an application for the deceased's interests to be vested in her siblings. During the hearing a will was produced giving the deceased's niece the sole right to her interests. Held that the Court does not have the ability to determine the validity of a will. The niece was given three months to file for a grant of probate from the High Court. The application was dismissed so that could occur.

Download Pine - Estate of Waina Nicholson (273KB, PDF). read more

Injunction – trespass by ouster – Motiti – Hoete

Hoete v Faulkner – Motiti North C No 1 Block

Māori Land Court (2017) 136 Waikato Maniapoto MB 278 (136 WMN 278)

14 March 2017

The applicants applied for a permanent injunction to be imposed upon the respondents to prevent construction of a dwelling on land used for an airstrip. The respondents filed a partition application in response. Permanent injunction issued, partition application adjourned.

Download Hoete v Faulkner – Motiti North C No 1 Block (2017) 136 Waikato Maniapoto MB 278 when available. read more

Roadway – rehearing – application to cancel roadway dismissed – Diamondaras

Diamondaras v Rice- Rangiuru Part No 2A Roadway 

Māori Land Court (2017) 159 Waiariki MB 94 (159 WAR 94)

20 March 2017

This case was a rehearing from an earlier decision cancelling a roadway and vesting the land in an adjacent landowner. On rehearing the Court decided the roadway should not be closed.

Download Diamondaras v Rice- Rangiuru Part No 2A Roadway (225 KB PDF). 

read more