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

Court of Appeal – Te Kōti Pīra

Leave to bring a second appeal declined - no jurisdiction to rehear merits - Hill v Māori Trustee [2016] NZCA 487 - Toni Love

High Court – Te Kōti Matua

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

Arbitration - mana whenua - appeal dismissed - Ngāti Hurungaterangi & Ors v Ngāti Wahiao [2016] NZHC 1486 - Toni Love

Arbitration - mana whenua - leave to appeal - sufficient public and private interest - Ngāti Hurungaterangi & Ors v Ngāti Wahiao [2016] NZHC 3156 - Toni Love

Māori Appellate Court – Te Kōti Pīra Māori

2016 Māori Appellate Court Judgments - index

Māori Land Court - Te Kōti Whenua Māori

Status of land - rehearing - succession order - respondents retain equitable title - Fisher v Potroz – Mohakatino Parininihi (2016) 361 Aotea MB 146 (361 AOT 146) - Martha Reilly

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

2017 Māori Land Court Judgments - index

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


Appeal – leave to bring a second appeal declined – no jurisdiction to rehear merits – Hill

Hill v Māori Trustee

Court of Appeal [2016] NZCA 487

3 October 2016

Application for leave to bring a second appeal of the District Court decision finding the applicant liable for breaches of lease declined.

Download Hill v Māori Trustee (359 KB PDF). read more

Arbitration – mana whenua – appeal dismissed – Ngāti Hurungaterangi

Ngāti Hurungaterangi & Ors v Ngāti Wahiao 

High Court [2016] NZHC 1486

1 July 2016

Application to appeal an arbitral award dismissed and each of the questions of law for which leave was given were answered in the negative.

Download Ngāti Hurungaterangi & Ors v Ngāti Wahiao (1.13 MB PDF). read more

Arbitration – mana whenua – leave to appeal – sufficient public and private interest – Ngāti Hurungaterangi

Ngāti Hurungaterangi & Ors v Ngāti Wahiao 

High Court [2016] NZHC 3156

20 December 2016

Ngāti Wahiao sought to appeal a High Court judgment dismissing an appeal of an arbitral award and Ngāti Whakaue sought leave to appeal on identical questions, with the difference being only in the identity of the tribunal being appealed. An order was granted in favour of Ngāti Whakaue as each question involves a question of law which is capable of bona fide and serious argument and there is a sufficient private and public interest to justify an appeal.

Download Ngāti Hurungaterangi & Ors v Ngāti Wahiao (421 KB PDF). read more

Injunction – application for stay – recovery of Māori Freehold Land – Waipaoa 5A2

Māori Trustee v Smith - Waipaoa 5A2 

Māori Land Court (2017) 65 Tairāwhiti MB 215 (65 TRW 215)

9 March 2017

The applicant sought a stay of an earlier order in recovery of land proceedings to protect a position pending an appeal against the earlier orders. The application was dismissed.

Download  The Māori Trustee v Smith - Waipaoa 5A2  (PDF, 192 KB). read more

Interest in land – licence to occupy house site – ownership of destroyed house – Skipper

Skipper v Skipper - Awanui Haparapara 9 

Māori Land Court (2017) 159 Waiariki MB 3 (159 WAR 3)

20 March 2017

Dismissal of an application seeking determination of the ownership of a house (now destroyed) and transfer of a licence to occupy the site the house had stood on. All relevant rights had expired.

Download Skipper v Skipper - Awanui Haparapara 9 (238 KB PDF).

read more

Costs – proceeding for recovery of land – equivalent to District Court scale

Trustees in the Section 3 Block XIII Tautuku Trust v Cairns - Part 3 Section 3 Block XIII Tautuku Survey District 

Māori Land Court (2017) 42 Te Waipounamu MB 284 (42 TWP 284)

9 March 2017

Determination of costs based on previous successful application for recovery of land. Costs awarded on a basis equivalent to the District Court scale.

Download Trustees in the Section 3 Block XIII Tautuku Trust v Cairns - Part 3 Section 3 Block XIII Tautuku Survey District (PDF, 180 KB) read more

Chief Judge’s powers – succession – whāngai – McCallum

McCallum v The Māori Trustee of Whanganui - Will of Ngapiki Waaka Hakaraia 

Māori Land Court (2017) 541 Aotea MB 144 (541 AOT 144)

10 March 2017

The Court declined the application. The issue was whether the person was a whāngai child of the life tenant of the estate (now deceased) and therefore entitled to challenge relevant succession orders made.

Download McCallum v The Māori Trustee of Whanganui - Will of Ngapiki Waaka Hakaraia (668 KB PDF) here. 

read more

Procedure – registry refusal to accept application – upheld on review – Perigo

Perigo - Ruapehu 2 Block

Māori Land Court (2017) 366 Aotea MB 274 (366 AOT 274)

17 March 2017

The registrar's decision to refuse to accept a succession application was upheld on review. The land (Ruapehu 2 block) was Crown land.

Download Perigo - Ruapehu 2 Block (2017) 366 Aotea MB 274 (366 AOT 274) (573 KB PDF).

read more

Chief Judge’s powers – succession amended – Deer

Deer - In the estate of Rihi Hoone Pekama

Māori Land Court (2017) Taitokerau Chief Judge's MB 133 (CJ TTK 133)

2 March 2017

Successful application to amend succession order made in relation to the Māori land interests of the applicant's deceased grandmother.

Download Deer - In the estate of Rihi Hoone Pekama (PDF, 436 KB) read more

Costs – awarded at 60 percent of actual costs – Te Tumu Paeroa expenses – Paerau

Paerau v Trustees of Te Komiti 1B2B2 Ahu Whenua Trust - Te Komiti 1B2B2 Ahu Whenua Trust

Māori Land Court (2017) 147 Taitokerau MB 241 (147 TTK 241)

30 March 2017

The respondent trustees sought an award of costs for two proceedings brought unsuccessfully by the applicant.  Costs were awarded at 60% of actual costs.

Download Paerau v Trustees of Te Komiti 1B2B2 Ahu Whenua Trust - Te Komiti 1B2B2 Ahu Whenua Trust (573 KB PDF).

read more

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

Status of land – rehearing – succession order – respondents retain equitable title – Fisher

Fisher v Potroz – Mohakatino Parininihi

Māori Land Court (2016) 361 Aotea MB 146 (361 AOT 146)

30 November 2016

Rehearing of previous decision regarding the status of land, which declared that the respondent Trust was the sole owner. New submissions, including a 1945 succession order, suggested that the applicants be granted ownership. The Court declared that this order was erroneous, and directed the Registrar to file an application for its amendment. Land remains under the ownership of the respondents.

Download Fisher v Potroz – Mohakatino Parininihi (553 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