July 2017 Hōngongoi – Contents

Māori Appellate Court – Te Kōti Pīra Māori

Injunction - appeal dismissed - Rahui v Runanga 2C2B1 Ahu Whenua Trust - Runanga No 2C No 2B No1 [2017] Māori Appellate Court MB 150 (2016 APPEAL 150) - Toni Love

Injunction - appeal allowed - permanent injunction would be oppressive - Flight v Fletcher - Waipapa 1D 2B 3B [2017] Māori Appellate Court MB 96 (2016 APPEAL 96) - Toni Love

Procedure - appeal application dismissed - directions and time - Smith v Māori Trustee - Waipaoa 5A2 [2017] Māori Appellate Court MB 143 (2016 APPEAL 143) - Toni Love

Procedure - rehearing directed on appeal - Samuel v Samuel - Te Urupiki Samuel [2017] Māori Appellate Court MB 147 (2016 APPEAL 147) - Toni Love

Māori Incorporations - licence to occupy not a long term lease - Bratton v Le Lievre - Muriwhenua Incorporation [2017] Māori Appellate Court 131 (2017 APPEAL 131)

2017 Māori Appellate Court Judgments - index

Māori Land Court - Te Kōti Whenua Māori

Chief Judge's powers - application to cancel trust orders - trust orders amended to be conditional on Family Court judgment - Yates v Nathan - Neville David Nathan Whanau Trust (2016) Chief Judge's MB 223 (2016 CJ 223) - Martha Reilly

Chief Judge's powers - beneficial interests in Lake Waikaremoana - Morrel v Wairoa - Waikaremoana Māori Trust Board (2017) Chief Judge's MB 342 (2017 CJ 342) - Nopera Dennis-McCarthy

Chief Judge's powers - succession order amended - Penney v Kemp - Wiremu Parata Kingi (2017) Chief Judge's MB 257 (2017 CJ 257) - Nopera Dennis-McCarthy

Chief Judge's powers - amendment sought of order declaring Māori Customary land dismissed - Bristol v Ngāti Rangi Trust - Rangiwaea-Tāpiri (2017) Chief Judge's MB 269 (2017 CJ 269) - Nopera Dennis-McCarthy

Procedure - directions to trustee administrators of estate - partition - Bartlett- Part Lot 1 Deposited Plan 696 (2017) 61 Takitimu MB 34 (61 TKT 34) - Isabella Wilson

Alienation - gift of shares - preliminary decision - Paenga - Wharekahika A18 (2017) 68 Tairāwhiti MB 150 (68 TRW 150) - Isabella Wilson

Charging orders - appointment of receiver rejected - Roberts v McKenzie - Tokaanu Māori Township 2nd Residue Trust (2017) 371 Aotea MB 133 (371 AOT 133) - Nopera Dennis-McCarthy

Trusts - appointment of trustee - misconduct alleged - trustee appointed - Mariu - Owhaoko B and D Trust (2017) 372 Aotea MB 86 (372 AOT 86)

Trusts - removal of trustees - breach of duties - dismissed - Karena v Trustees of Owhaoko C Trust - Owhaoko C Trust (2017) 59 Takitimu MB 288 (59 TKT 288) - Nopera Dennis-McCarthy

Trusts - trustee appointment - objection dismissed - Elers - Ngapakihi 2A2B (Raetihi Marae) (2017) 372 Aotea MB 75 (372 AOT 75) - Nopera Dennis-McCarthy

Trusts - removal of trustee - misconduct - dismissed - Kauikia-Stevens v Tume - Te Wirihana Tawake Whānau Trust (2016) 354 Aotea MB 36 (354 AOT 36) - Martha Reilly

Trusts - review of trust - interlocutory application dismissed - Povey v Sherard - Otakanini Māori Reservation (Haranui Marae) (2017) 155 Taitokerau MB 4 (155 TTK 4) - Isabella Wilson

Succession - entitlement to succeed - Māori Affairs Act 1953 - Cowan - Estate of Hami Wharepouri Te Awa Waetford (2017) 371 Aotea MB 157 (371 AOT 157) - Nopera Dennis-McCarthy

2017 Māori Land Court Judgments - index

Waitangi Tribunal - Te Rōpū Whakamana i Te Tiriti o Waitangi

Tū Mai te Rangi! - the Crown and disproportionate Māori reoffending rates (Wai 2540, 2017)

 


Māori Incorporations – licence to occupy not a long term lease – Bratton

Bratton v Le Lievre - Muriwhenua Incorporation

[2017] Māori Appellate Court 131 (2017 APPEAL 131)

8 June 2017

Application to appeal a decision holding that the applicant did not have a prior right to occupy dismissed. The licence to occupy is not a long-term lease because the right of renewal clause is not an automatic right in favour of the applicant. Overall there was  no error of law.

Download Bratton v Le Lievre - Muriwhenua Incorporation (239 KB PDF).

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Alienation – gift of shares – preliminary decision – Paenga

Paenga - Wharekahika A18

Māori Land Court (2017) 68 Tairāwhiti MB 150 (68 TRW 150)

13 June 2017

The applicant wanted to gift shares in land and sought exemption from the requirement to file a special valuation as well as orders to transfer shares. The matter was held over pending receipt of more whakapapa information.

Download Paenga - Wharekahika A18 (803 KB PDF).

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Chief Judge’s powers – succession order amended – Penney

Penney v Kemp - Wiremu Parata Kingi 

Māori Land Court (2017) Chief Judge's MB 257 (2017 CJ 257)

13 June 2017

Application for amendment to a succession order granted after the applicant successfully proved that a mistake had been made by the Court.

Download Penney v Kemp - Wiremu Parata Kingi when available.  read more

Trusts – appointment of trustee – misconduct alleged – trustee appointed – Mariu

Mariu - Owhaoko B and D Trust 

Māori Land Court (2017) 372 Aotea MB 86 (372 AOT 86)

12 July 2017

Application granted to appoint a replacement trustee. The nominated replacement trustee was broadly acceptable to the beneficiaries and had the necessary ability, experience and knowledge to act as a trustee. Allegations that past misconduct disqualified the person were not appropriately before the Court by way of evidence.

Download Mariu - Owhaoko B and D Trust (215 KB PDF). read more

Trusts – removal of trustees – breach of duties – dismissed – Karena

Karena v Trustees of Owhaoko C Trust - Owhaoko C Trust

Māori Land Court (2017) 59 Takitimu MB 288 (59 TKT 288)

30 June 2017

The respondent sought a review of the Owhaoko C Trust and removal of the current trustees on the basis that they had breached their duties relating to the trust. The applicant trustees sought to strike out that review and removal application. The application for review and removal was dismissed. The trustees had breached their duty to be diligent and prudent but there was not sufficient evidence to show that that they should be removed.

Download Karena v Trustees of Owhaoko C Trust - Owhaoko C Trust (436 KB PDF). read more

Trusts – removal of trustee – misconduct – dismissed – Kauikia-Stevens

Kauikia-Stevens v Tume - Te Wirihana Tawake Whānau Trust

Māori Land Court (2016) 354 Aotea MB 36 (354 AOT 36)

31 May 2016

Application to have a trustee removed on grounds of misconduct dismissed.

Download Kauikia-Stevens v Tume - Te Wirihana Tawake Whānau Trust (256 KB PDF).

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Chief Judge’s powers – amendment sought of order declaring Māori Customary land dismissed – Bristol

Bristol v Ngāti Rangi Trust - Rangiwaea-Tāpiri 

Māori Land Court (2017) Chief Judge's MB 269 (2017 CJ 269)

13 June 2017

Application to amend 2001 Court order determining that Part 8 Rangipo North (now known as Rangiwaea-Tāpiri) was Māori Customary land belonging to Ngāti Rangi dismissed due to insufficient evidence of a legal interest by the applicants in the land.

Download Bristol v Ngāti Rangi Trust - Rangiwaea-Tāpiri (435 KB, PDF).  read more

Procedure – directions to trustee administrators of estate – partition – Bartlett

Bartlett- Part Lot 1 Deposited Plan 696

Māori Land Court (2017) 61 Takitimu MB 34 (61 TKT 34) 

24 July 2017

Application to give effect to a 1953 order to transfer 2 acres of land as part of administration of the estate of Pukepuke Tangiora. Associated partition and change of status applications.

Download Bartlett- Part Lot 1 Deposited Plan 696 (354 KB PDF).

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Chief Judge’s powers – beneficial interests in Lake Waikaremoana – Morrel

Morrel v Wairoa - Waikaremoana Māori Trust Board 

Māori Land Court (2017) Chief Judge's MB 342 (2017 CJ 342)

23 June 2017

This application sought exercise of the Chief Judge's powers in relation to attempts to terminate alleged trust obligations over Lake Waikaremoana. The application was dismissed. The beneficial interests claimed did not arise.

Download Morrel v Wairoa - Waikaremoana Māori Trust Board when available. read more

Injunction – appeal dismissed – Rahui

Rahui v Runanga 2C2B1 Ahu Whenua Trust - Runanga No 2C No 2B No1 

[2017] Māori Appellate Court MB 150 (2016 APPEAL 150)

2 June 2017

Appeal from an injunction dismissed. A permanent injunction was in accordance with the Act and there was no error of law.

Download Rahui v Runanga 2C2B1 Ahu Whenua Trust - Runanga No 2C No 2B No1 (238 KB PDF). read more

Procedure – rehearing directed on appeal – Samuel

Samuel v Samuel - Te Urupiki Samuel 

[2017] Māori Appellate Court MB 147 (2016 APPEAL 147)

7 June 2017

On an application for leave to appeal a succession order the Appellate Court ordered the lower court to rehear the matter. The context was a succession decision by the lower court which the appellant did not have notice of.

Download Samuel v Samuel - Te Urupiki Samue(174 KB PDF). read more

Procedure – appeal application dismissed – directions and time – Smith

Smith v Māori Trustee - Waipaoa 5A2

[2017] Māori Appellate Court MB 143 (2016 APPEAL 143)

13 June 2017

Application to appeal dismissed. The applicants failed to comply with directions and did not appeal in a timely manner.

Download Smith v Māori Trustee - Waipaoa 5A2 (186 KB PDF). read more

Succession – entitlement to succeed – Māori Affairs Act 1953 – Cowan

Cowan - Estate of Hami Wharepouri Te Awa Waetford 

Māori Land Court (2017) 371 Aotea MB 157 (371 AOT 157)

30 June 2017

Application seeking to remove the administrator amended to allow the Court to determine entitlement to succeed. Interests allocated in accordance with a 1975 letter and with support from the majority of the remaining children.

Download Cowan - Estate of Hami Wharepouri Te Awa Waetford (333 KB PDF). read more

Charging orders – appointment of receiver rejected – Roberts

Roberts v McKenzie - Tokaanu Māori Township 2nd Residue Trust 

Māori Land Court (2017) 371 Aotea MB 133 (371 AOT 133)

30 June 2017

Application seeking removal of the trustees and the appointment of a receiver dismissed. Whilst the applicant had standing to make the application, the trustees should not be removed (although more should be elected) and the appointment of a receiver would not be in the best interests of either party.

Download Roberts v McKenzie - Tokaanu Māori Township 2nd Residue Trust (340 KB PDF). read more

Chief Judge’s powers – application to cancel trust orders – trust orders amended to be conditional on Family Court judgment – Yates

Yates v Nathan - Neville David Nathan Whanau Trust

Māori Land Court (2016) Chief Judge's MB 223 (2016 CJ 223)

20 April 2016

The applicant sought to cancel orders constituting a whānau trust, asserting that her de facto relationship with the landowner entitled her to a half share of relationship property, meaning that her consent should be required for such an order. The respondent challenged the claim that his relationship with the applicant qualified as de facto, which would defeat her entitlement to land interests. The Court amended the trust orders to make the trust conditional on any Family Court order confirming a qualifying relationship.

Download Yates v Nathan - Neville David Nathan Whanau Trust (244 KB PDF).

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Trusts – trustee appointment – objection dismissed – Elers

Elers - Ngapakihi 2A2B (Raetihi Marae)

Māori Land Court (2017) 372 Aotea MB 75 (372 AOT 75)

12 July 2017

Application objecting to the appointment of two trustees to the  Ngapakihi 2A2B Block. Application dismissed, the trustees were broadly acceptable to the beneficiaries and had the necessary ability, experience and knowledge to fulfil their role.

Download Elers - Ngapakihi 2A2B (Raetihi Marae) (215KB PDF). read more

Trusts – review of trust – interlocutory application dismissed – Povey

Povey v Sherard - Otakanini Māori Reservation (Haranui Marae)

Māori Land Court (2017) 155 Taitokerau MB 4 (155 TTK 4)

29 June 2017

Application filed seeking an interlocutory order authorising trustees of Haranui Marae to register a trust deed with the Charities Commission and the Companies Office, dismissed.

Download Povey v Sherard- Otakanini Māori Reservation (Haranui Marae) (126 KB PDF).

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