May 2017 Haratua – Contents

Court of Appeal – Te Kōti Pīra

Procedure - intervenor status denied on appeal - Ngāti Whātua Ōrākei Trust v Attorney-General [2017] NZCA 183 - Hannah Martin

High Court – Te Kōti Matua

Judicial review - strike out - decisions not susceptible to judicial review - Ngāti Whātua Ōrākei Trust v Attorney-General [2017] NZHC 389 - Toni Love

Judicial review - strike out dismissed - New Zealand Māori Council - Paul v Durie [2017] NZHC 713 - Martha Reilly

Judicial review - stay of proceedings - regulatory dispute procedure more appropriate - Reihana v Rakiura Titi Committee [2016] NZHC 2048 - Toni Love

Trusts - failure to meet obligations - validation committee - Roebeck v The Ngati Paoa Trust Board [2016] NZHC 2458 - Toni Love

Māori Land Court - Te Kōti Whenua Māori

Procedure - discovery - Mahanga v Sade - Horahora 1A1 (2017) 148 Taitokerau MB 237 (148 TTK 237) - Nopera Dennis-McCarthy

Chief Judge's powers - vesting order amended - Te Moana - Wharekura Patuwai in Maungaroa No.1 Section 27 Block [2017] Chief Judge's MB 156 (2017 CJ 156) - Nopera Dennis-McCarthy

Trusts - conflict of interest - adjourned for further evidence - Rudd - Horowhenua Part 11 Reservation Trust (2017) 368 Aotea MB 201 (368 AOT 201) - Nopera Dennis-McCarthy

Trusts - trustee appointment - Dudley - Matoa, Whara and Te Karaka Ahu Whenua Trust (2017) 150 Taitokerau MB 151 (150 TTK 151)

Māori reservations - recommendation to set aside as a reservation - Cranstone - Kauangaroa No 2 (2017) 366 Aotea MB 250 (366 AOT 250) - 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 – bias – judge removed as presiding officer – apparent or unconscious bias – Recusal application by Ngāti Kahu (Wai 45, #2.566) - Hannah Martin

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

 


Trusts – failure to meet obligations – validation committee – Roebeck

Roebeck v The Ngati Paoa Trust Board

High Court [2016] NZHC 2458

14 October 2016

Application seeking to enforce the obligations of trust for the Ngāti Paoa Trust Board granted with modifications.

Download Roebeck v The Ngati Paoa Trust Board (440 KB PDF). read more

Judicial review – stay of proceedings – regulatory dispute procedure more appropriate – Reihana

Reihana v Rakiura Titi Committee 

High Court [2016] NZHC 2048

31 August 2016

Application for strike out dismissed and application for a stay of proceedings granted.

Download Reihana v Rakiura Titi Committee  (431 KB PDF). read more

Judicial review – strike out dismissed – New Zealand Māori Council – Paul

Paul v Durie

High Court [2017] NZHC 713

12 April 2017

The strikeout application about a judicial review proceeding was dismissed.

Download Paul v Durie (2.4 MB PDF). read more

Procedure – intervenor status denied on appeal – Ngāti Whātua Ōrākei Trust

Ngāti Whātua Ōrākei Trust v Attorney-General

Court of Appeal - Te Kōti Pīra [2017] NZCA 183

15 May 2017

Applications seeking leave to intervene in an appeal were denied by the Court of Appeal.

Download Ngati Whatua Orakei Trust v Attorney-General (457KB PDF). read more

Judicial review – strike out – decisions not susceptible to judicial review – Ngāti Whātua Ōrākei Trust

Ngāti Whātua Ōrākei Trust v Attorney-General

High Court  [2017] NZHC 389

9 March 2017

A successful application to strike out the plaintiff’s claim applying for judicial review and declaratory relief. The proceeding concerned three decisions made by the Minister for Treaty of Waitangi Negotiations about land located on the Auckland isthmus the Crown proposed be used in Treaty of Waitangi settlements with other groups. The plaintiff's claim cannot succeed and the decisions are not susceptible to judicial review.

Download Ngāti Whātua Ōrākei Trust v Attorney-General (836 KB PDF). read more

Procedure – discovery – Mahanga

Mahanga v Sade - Horahora 1A1

Māori Land Court (2017) 148 Taitokerau MB 237 (148 TTK 237)

26 April 2017

Application for discovery of three different types of evidence in relation to the upcoming substantive case. The Court applied Rule 6.20 of the Māori Land Court Rules and granted discovery orders for the first two types of evidence (contractual arrangements and bank statements) and dismissed the third type.

Download Mahanga v Sade - Horahora 1A1 (140 KB PDF). read more

Chief Judge’s powers – vesting order amended – Te Moana

Te Moana - Wharekura Patuwai in Maungaroa No.1 Section 27 Block

Māori Land Court [2017] Chief Judge's MB 156 (2017 CJ 156)

30 March 2017

Application for amendment to vesting order granted because of error. The original order was amended.

Download Te Moana - Wharekura Patuwai in Maungaroa No.1 Section 27 Block when available. read more

Trusts – conflict of interest – adjourned for further evidence – Rudd

Rudd - Horowhenua Part 11 Reservation Trust 

Māori Land Court (2017) 368 Aotea MB 201 (368 AOT 201)

24 April 2017

Application for a review and enforcement of trust obligations adjourned. The Court dismissed technical breaches but required greater evidence to properly assess alleged conflicts of interest.

Download Rudd - Horowhenua Part 11 Reservation Trust (287 KB PDF).  read more

Māori reservations – recommendation to set aside as a reservation – Cranstone

Cranstone - Kauangaroa No 2

Māori Land Court (2017) 366 Aotea MB 250 (366 AOT 250)

13 March 2017

Application seeking a right of way easement over Kauangaroa No 2 and application seeking a change of status of Kapakapa 1 to Māori freehold land and for the creation of a Māori reservation over this land granted.

Download Cranstone - Kauangaroa No 2 (328 KB PDF).

read more

Trusts – trustee appointment – Dudley

Dudley - Matoa, Whara and Te Karaka Ahu Whenua Trust 

Māori Land Court (2017) 150 Taitokerau MB 151 (150 TTK 151)

23 May 2017

The Court had previously appointed seven new trustees for the Matoa, Whara and Te Karaka Ahu Whenua Trust and now gave reasons. The highest polling candidates were appointed with the Court also determining their suitability from assessing their skills and previous conduct.

Download Dudley - Matoa, Whara and Te Karaka Ahu Whenua Trust (275 KB PDF). read more

Waitangi Tribunal procedure – bias – judge removed as presiding officer – apparent or unconscious bias – Ngāti Kahu

Decision of the Presiding Officer on recusal application by Ngāti Kahu

Waitangi Tribunal (Wai 45, #2.566)

12 May 2017

Te Rūnanga o Ngāti Kahu applied for the Presiding Officer of their Waitangi Tribunal inquiry to remove himself on the basis he was biased. The judge accepted he might be biased and removed himself.

Download Decision of the presiding officer on recusal application by Ngāti Kahu when available. read more

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.
read more

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).
read more