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 - Martha Reilly

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

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

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

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 - declined - 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 - 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 explaining the reasons given by the Supreme Court and this article containing a short summary of the decision.  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) (1.08 MB 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 – 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).

read more

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

March 2017 Poutū-te-rangi – 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 - Martha Reilly

High Court – Te Kōti Matua

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

Māori Appellate Court – Te Kōti Pīra Māori

2016 Māori Appellate Court Judgments - index

Māori Land Court - Te Kōti Whenua Māori

Occupation orders - whānau trust - dismissed - Brightwell - Okauia B3B1 Block (2017) 135 Waikato Maniapoto MB 121 (135 WMN 121) - Martha Reilly

Trusts - vary whānau trust order – trust renamed - new trustees appointed - Hikaka v Ngawhare - Komene 4A2 (2016) 356 Aotea MB 76 (356 AOT 76) - Martha Reilly

2016 Māori Land Court Judgments - index

Waitangi Tribunal - Te Rōpū Whakamana i Te Tiriti o Waitangi

Waitangi Tribunal procedure – urgent inquiries - the Marine and Coastal Area (Takutai Moana) Act (Te Kapotai) 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 – Proprietors of Wakatū v Attorney-General

Proprietors of Wakatū v Attorney-General

Supreme Court [2017] NZSC 17

28 February 2017

The Supreme Court, by majority, allowed the second appellant's appeal in part. The Court declared that the Crown owed fiduciary duties to the customary owners of the Nelson tenths reserves. The second appellant, as a descendant of some of these owners, is entitled to pursue in the High Court claims to determine the extent to which the duties owed were breached and appropriate remedies.

The appeals from the first and third appellants were dismissed by majority. The Court ruled that the Incorporated Proprietors of Wakatu and Te Kahui Ngahuru Trust lacked standing to bring the claims on behalf of the class of customary owners.

The cross appeal from the Attorney-General, disputing the standing of the second appellant to make a claim, was unanimously dismissed.

The second appellant's claim is remitted to the High Court for remaining issues of liability, loss and remedy. The Attorney-General was ordered to pay costs of $55,000 to the second appellant. Costs awards in the Court of Appeal and High Court were set aside.

Download Proprietors of Wakatū v Attorney-General (2 MB PDF). read more

Takutai Moana – customary marine title recognised – Rakiura – status of applicant – Tipene

Re Tipene

High Court [2016] NZHC 3199

22 December 2016

This is the first case where the High Court applied the tests for customary marine title under the Marine and Coastal Area (Takutai Moana) Act 2011.  The case concerned an area of 200m in radius between two islands off the south-west coast of Rakiura (Stewart Island).  The Court found customary marine title exists over that area. The applicant had authority to bring the application on behalf of the applicant group. The holder of the customary marine title order will be determined later.

Download Re Tipene (953 KB PDF). read more

Occupation orders – whānau trust – dismissed – Brightwell

Brightwell - Okauia B3B1 Block

Māori Land Court (2017) 135 Waikato Maniapoto MB 121 (135 WMN 121)

15 February 2017

Applicant seeks that an occupation order, in favour of her late mother and sister, be succeeded to by recently-constituted whānau trust. Application dismissed.

Download Brightwell - Okauia B3B1 Block (202 KB PDF). read more

Trusts – vary whānau trust order – trust renamed – new trustees appointed – Hikaka

Hikaka v Ngawhare - Komene 4A2

Māori Land Court (2016) 356 Aotea MB 76 (356 AOT 76)

22 July 2016

Application to vary a trust order granted. Trust renamed and new trustees appointed.

Download Hikaka v Ngawhare - Komene 4A2 (235 KB PDF).
read more

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

Application for an urgent inquiry concerning the Marine and Coastal Area (Takutai Moana) Act 2011

Waitangi Tribunal (Wai 2577, #2.5.5)

16 March 2017

Fifteen applicants, representing various hapū and whānau, sought an urgent inquiry into the Marine and Coastal Area (Takutai Moana) Act (Te Kapotai) claim, on the grounds that the Act confers control and authority over the takutai moana to the Crown and local government. All applications were dismissed. Alternative remedies are available. The applicants were invited to submit further evidence for their claims to be heard later.

Download Application for an urgent inquiry concerning the Marine and Coastal Area (Takutai Moana) Act 2011 (817 KB PDF). read more

February 2017 Hui tanguru – Contents

Court of Appeal – Te Kōti Pīra

Judicial Review - Waitangi Tribunal must recommend return of land or clearance - Attorney-General v Haronga [2016] NZCA 626 -  Eru Kapa-Kingi

Māori Appellate Court – Te Kōti Pīra Māori

2016 Māori Appellate Court Judgments - index

Māori Land Court - Te Kōti Whenua Māori

2016 Māori Land Court Judgments - index

Legislation - Ngā Whakaturetanga

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


January 2017 Kohi-tātea – Contents

Court of Appeal – Te Kōti Pīra

Judicial Review - Waitangi Tribunal must recommend return of land or clearance - Attorney-General v Haronga [2016] NZCA 626 -  Eru Kapa-Kingi

Māori Appellate Court – Te Kōti Pīra Māori

2016 Māori Appellate Court Judgments - index

Status of land - breach of natural justice - rehearing - White v Potroz - Mohakatino Parininihi No 1c West 3A2 [2016] Māori Appellate Court 143 (2016 APPEAL 143) - Toni Love

Procedure - amendment of order to reflect what court decided - proper route - Tatere v Te Aute Trust Board - Mangatainoka No 1BC No 2C, Tamaki 2A2A (Balance) [2016] Māori Appellate Court MB 329 (2016 APPEAL 329) - Toni Love

Māori Land Court - Te Kōti Whenua Māori

2016 Māori Land Court Judgments - index

Status of land - change of status to General land allowed - no preferred class of alienees - Farquhar - Palmerston North Māori Reserve Trust (2016) 358 Aotea MB 19 (358 AOT 19) - James Greenland

Status of land - land remains Māori freehold land - Cross - Horowhenua 9A6B1 (2016) 349 Aotea MB 28 (349 AOT 28) - Indiana Shewen

Legislation - Ngā Whakaturetanga

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