August 2017 Here-turi-kōkā – Contents

Māori Appellate Court – Te Kōti Pīra Māori

2017 Māori Appellate Court Judgments - index

Māori Land Court - Te Kōti Whenua Māori

Procedure - bias - recusal application dismissed - McDonald - Pakiri G (2017) 155 Taitokerau MB 117 (155 TTK 117) - Craig Linkhorn

Procedure - rehearing application out of time - dismissed - Karena v Te Koau A Trust - Te Koau A (2017) 61 Tākitimu MB 25 (61 TKT 25) - Nopera Dennis-McCarthy

Procedure - rehearing application - dismissed - Nee Harland v Prentice - Mana Ahuriri Incorporated Society (2017) 59 Takitimu MB 227 (59 TTK 227) - Nopera Dennis-McCarthy

Costs - 70% of actual costs awarded - Bayne v Ngati Rehua Ngati Wai Ki Aotea Trust Board- Ngati Rehua Ngati Wai Ki Aotea Trust Board (2017) 157 Taitokerau MB 27 (157 TTK 27) - Isabella Wilson

Succession - governing legislation - Māori Affairs Act 1953 - Hunuhunu - Estate of Wiremu Witariana Hona (2017) 166 Waiariki MB 229 (166 WAR 229) 

Trusts - partial termination of whānau trust - dismissed - Love v Trustees of the George Love Whānau Trust- George Love Whānau Trust (2017) 45 Te Waipounamu MB 142 (45 TWP 142) - Isabella Wilson

Trusts - review - breach of duties - trustees removed - trust partially terminated - Pullar - Aperahama Sullivan Whānau Trust (2017) 61 Takitimu MB 45 (61 TKT 45) - Nopera Dennis-McCarthy

Trusts - gift - life interest or beneficiary of trust - Chambers - Akuaku A11B and others (2017) 44 Te Waipounamu MB 135 (44 TWP 135) - Nopera Dennis-McCarthy

Trusts - trustee appointment - objection to proposed trustees dismissed - Awanui Haparapara 4B Ahu Whenua Trust v Huritu - Awanui Haprapara No 4B Block (2017) 167 Waiariki MB 194 (167 WAR 194) - Nopera Dennis-McCarthy

Trusts - investigation sought - further evidence - interim judgment - Gemmell v Hemana - Mohaka A4 (2017) 61 Tākitimu MB 239 (61 TKT 239) - Isabella Wilson

2017 Māori Land Court Judgments - index


Trusts – investigation sought – further evidence – interim judgment – Gemmell

Gemmell v Hemana - Mohaka A4

Māori Land Court (2017) 61 Tākitimu MB 239 (61 TKT 239)

15 August 2017

The Court was asked to investigate a dispute about repayment of money. The Court issued directions requiring an update on intended proceedings to recover money and a further report on trust administration. 

Download Gemmell v Hemana - Mohaka A4 (257 KB PDF).

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Procedure – bias – recusal application dismissed – McDonald

McDonald- Pakiri G

Māori Land Court (2017) 155 Taitokerau MB 117 (155 TTK 117) 

18 July 2017

The judge was asked to step down from hearing two applications on the basis he was biased. None of the grounds advanced were made out. The judge reviewed the law of apparent bias in dismissing the application. He also made observations about professional and personal connections that flow from the size of Māori Land Court bench and the comparatively small number of lawyers who appear in that Court. 

Download McDonald- Pakiri G (163 KB PDF).

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Procedure – rehearing application out of time – dismissed – Karena

Karena v Te Koau A Trust - Te Koau A

Māori Land Court (2017) 61 Tākitimu MB 25 (61 TKT 25)

19 July 2017

Application for a rehearing outside the 28-day limit, based on the argument that it was not reasonable for the application to be made in 28 days and that the court had erred on grounds of fact and law. Application dismissed, the rehearing application could have been made sooner and there was no miscarriage of justice in this case.

Download Karena v Te Koau A Trust - Te Koau Aread more

Procedure – rehearing application – dismissed – Nee Harland

Nee Harland v Prentice - Mana Ahuriri Incorporated Society

Māori Land Court (2017) 59 Takitimu MB 227 (59 TTK 227)

12 June 2017

Applicant seeking a rehearing after his original application was dismissed. The grounds were that he was not given the opportunity to be heard and that he was misunderstood by the Court. Application for rehearing dismissed, there was no miscarriage of justice as the applicant had opportunities to be heard and the Court understood his application.

Download Nee Harland v Prentice - Mana Ahuriri Incorporated Society (348 KB PDF). read more

Trusts – partial termination of whānau trust – dismissed – Love

Love v Trustees of the George Love Whānau Trust- George Love Whānau Trust 

Māori Land Court (2017) 45 Te Waipounamu MB 142 (45 TWP 142) 

11 July 2017

The applicant sought to partially terminate a whānau trust because of family conflict. The application was refused. 

Download Love v Trustees of the George Love Whānau Trust- George Love Whānau Trust (228 KB PDF).

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Trusts – trustee appointment – objection to proposed trustees dismissed – Awanui Haparapara 4B Ahu Whenua Trust

Awanui Haparapara 4B Ahu Whenua Trust v Huritu - Awanui Haprapara No 4B Block

Māori Land Court (2017) 167 Waiariki MB 194 (167 WAR 194)

10 August 2017

Application objecting to the appointment of two trustees to the Awanui Haparapara 4B Ahu Whenua Trust dismissed. The trustees were broadly acceptable to the beneficiaries and had the necessary ability, experience and knowledge to fulfil their role.

Download Awanui Haparapara 4B Ahu Whenua Trust v Huritu - Awanui Haprapara No 4B Block when available. read more

Costs – 70% of actual costs awarded – Bayne

Bayne v Ngati Rehua Ngati Wai Ki Aotea Trust Board- Ngati Rehua Ngati Wai Ki Aotea Trust Board

Māori Land Court (2017) 157 Taitokerau MB 27 (157 TTK 27) 

17 August 2017

In 2015 the Court dismissed Ms Bayne's injunction application. The Ngāti Rehua Ngāti Wai ki Aotea Trust Board was awarded 70 percent of its actual costs opposing the application.

Download Bayne v Ngati Rehua Ngati Wai Ki Aotea Trust Board- Ngati Rehua Ngati Wai Ki Aotea Trust Board (184 KB PDF).

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Succession – governing legislation – Māori Affairs Act 1953 – Hunuhunu

Hunuhunu - Estate of Wiremu Witariana Hona 

Māori Land Court (2017) 166 Waiariki MB 229 (166 WAR 229) 

26 July 2017

Application to determine applicable legislation and entitlement to succession. The Māori Affairs Act 1953 and Māori Affairs Amendment Act 1967 applied.

Download Hunuhunu- Estate of Wiremu Witariana Hona  (139 KB PDF).

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Trusts – gift – life interest or beneficiary of trust – Chambers

Chambers - Akuaku A11B and others 

Māori Land Court (2017) 44 Te Waipounamu MB 135 (44 TWP 135)

10 July 2017

Application seeking to transfer (by way of gift) the applicant's Māori land interests to a trust granted with an offer of an alternative order. The alternative order would vary the trust to include the applicant's descendants, which was more consistent with the kaupapa of the Te Ture Whenua Māori Act 1993.

Download Chambers - Akuaku A11B and others (192 KB PDF) read more

Trusts – review – breach of duties – trustees removed – trust partially terminated – Pullar

Pullar - Aperahama Sullivan Whānau Trust

Māori Land Court (2017) 61 Takitimu MB 45 (61 TKT 45)

25 July 2017

Application seeking a review and partial termination of the Aperahama Whānau Trust due to breach of duties by trustees. Application granted, the trustees had breached their duties in a manner sufficient to warrant their removal and the trust should be partially terminated.

Download Pullar - Aperahama Sullivan Whānau Trust (439 KB PDF). read more