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

2017 Māori Land Court Judgments - index

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


Determine ownership – ownership of house on Māori – other matters for Family Protection Act – Bennett

Bennett - Estate of Ronald Clifford Bennett

Māori Land Court (2017) 156 Waiariki MB 250 (156 WAR 250)

10 February 2017

Determination that the deceased's partner owned a house on Māori freehold land and that the house was a fixture, but not the property of the land's owners. The Court declined a second application about income from the deceased's land interests ruling that it fell within the High Court's jurisdiction under the Family Protection Act 1955.

Download Bennett - Estate of Ronald Clifford Bennett (241 KB PDF). read more

Injunction – interim injunction against mortgagee dismissed – inequitable conduct of applicant – Doney

Doney - Lot 2 DP 29547

Māori Land Court (2017) 145 Taitokerau MB 4 (145 TTK 4)

10 February 2017

The applicant was refused an interim injunction to prevent dealings in the land while their application to have the status of land declared Māori customary land. Submissions from objectors prove that the applicant defaulted on a loan from the mortgagee, and repeated untenable applications disentitle them to equitable relief. Application dismissed.

Download Doney - Lot 2 DP 29547 (200 KB PDF). read more

Injunction – dismissed – no jurisdiction – balance of convenience would favour respondents – Tito

Tito v Tito - Mangakahia 2B2 No 2A1A Ahu Whenua Trust

Māori Land Court (2017) 146 Taitokerau MB 135 (146 TTK 135)

17 February 2017

An application seeking an urgent injunction was dismissed. The Court ruled that it did not have jurisdiction to make such an order, though the balance of convenience lay with the respondents if there had been jurisdiction.

Download Tito v Tito - Mangakahia 2B2 No 2A1A Ahu Whenua Trust (183 KB PDF). read more

Interest in land – proceeds of land use – Monschau

Monschau v Bamber - Tahorakuri A No1 Section 33A2 Block

Māori Land Court (2017) 157 Waiariki MB 173 (157 WAR 173)

22 February 2017

Following a successful appeal to the Māori Appellate Court, establishing their right to bring a claim about division of the proceeds of use of the land, the applicants successfully sought recovery of money paid to the respondents by a third party tenant prior to formation of an ahu whenua trust in 2011.

Download Monschau v Bamber - Tahorakuri A No1 Section 33A2 Block (132 KB PDF). read more

Alienation – confirmation granted – Whitfield

Whitfield - Omahu 4C section 6 

Māori Land Court (2017) 56 Takitimu MB 233 (56 TKT 233)

8 February 2017

Application for the sale and purchase of Omahu 4C section 6 to an individual from beyond the preferred class of alienees.

Download Whitfield - Omahu 4C section 6 (2017) 56 Takitimu MB 233 (56 TKT 233) (303 KB PDF) here.

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Rehearing – dismissed – applicant advised to seek other forms of relief – interim injunction cancelled – Rudolph

Rudolph v Rudolph - Rotokakahi A3C1B

Māori Land Court (2017) 146 Taitokerau MB 143 (146 TTK 143)

20 February 2017

The applicant sought a rehearing of an order constituting an Ahu Whenua trust. The applicant also sought a permanent injunction preventing the trustees from evicting him from trust land, following an interim injunction granted on 25 August 2016. The application was dismissed and the interim injunction cancelled.

Download Rudolph v Rudolph - Rotokakahi A3C1B (218 KB PDF). read more

Representation of Māori – no serious issue – Ahuriri hapū – Nee Harland

Nee Harland v Prentice - Mana Ahuriri Incorporated Society

Māori Land Court

16 February 2017

The applicant unsuccessfully sought a determination of whether the committee members of an incorporated society were the most appropriate representatives for the Ahuriri hapū.

Download  Nee Harland v Prentice - Mana Ahuriri Incorporated Society (369 KB PDF).

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Trusts – estate administration – suitability of trustee nominees – interim judgment – Smith

Smith v Smith - Waipaoa 5A2 and other lands

Māori Land Court (2017) 64 Tairawhiti MB 270 (64 TRW 270)

9 February 2017

The applicants and respondents had previously been ordered to nominate two trustees for the relevant estate and convene a meeting between them. Due to a dispute regarding the suitability of the nominated trustees, the meeting had not occurred. The Court held that both parties needed to convene a meeting with the trustees in order to assess the future of the estate.

Download Smith v Smith - Waipaoa 5A2 and other lands (217KB, PDF). read more

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

Wikitoria Kiriona v Hiromina Ratima Pakai or Hiromina Mabel Renata (Deceased) Poukawa 12B, 13B, 11E3B2D

Māori Land Court (2017) Chief Judge’s MB 35 (2017 CJ 35) 960 KB

2 February 2017

Application for exercise of the Chief Judge's powers to vary a succession order and vest interests in six children.

Download Wikitoria Kiriona v Hiromina Ratima Pakai or Hiromina Mabel Renata (Deceased) (963 KB PDF).

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Chief Judge’s powers – refusal to amend Māori reservation order – sufficiency of support – McLeod

McLeod v Nga Uri A Maata Ngapo - Charitable Trust Harataunga West 2B2A1 Block

Māori Land Court [2017] 2017 Chief Judge's MB 46 (2017 CJ 46)

8 February 2017

This application did not meet exceptional circumstances required to invoke s 45 of the Act. It sought change to an order constituting a Māori reservation.

Download McLeod v Nga Uri A Maata Ngapo - Charitable Trust Harataunga West 2B2A1 Block (474 KB PDF). read more

Trusts – partial termination of whānau trust granted – trust order varied – trustee removed – Sade

Sade - Miriama Mahanga Whanau Trust

Māori Land Court (2017) 146 Taitokerau MB 75 (146 TTK 75)

16 February 2017

Successful application for the partial termination of the Miriama Mahanga Whanau Trust. Applicant's interests removed from trust and vested in own name. Vary trust order granted to remove reference to applicant as a beneficiary. Order granted to remove applicant as trustee.

Download Sade - Miriama Mahanga Whanau Trust (192 KB PDF). read more