March 2018 Poutū-te-rangi – Contents

High Court – Te Kōti Matua

Injunction - dismissed - beneficial interest - Mitchell v Mitchell [2017] NZHC 1759 - Toni Love

Māori Appellate Court – Te Kōti Pīra Māori

Injunction - appeal granted - no notice - Reihana v Benedito - Punakitere [2018] Māori Appellate Court MB 32 (2018 APPEAL 32) - Toni Love

2018 Māori Appellate Court Judgments - index

2017 Māori Appellate Court Judgments - index

Māori Land Court - Te Kōti Whenua Māori

Rehearing - succession orders remain - no whakapapa link - Kerehoma v Haeta-Kuku - Estate of Kenneth James Haeta-Kuku (2017) 65 Tākitimu MB 23 (65 TKT 23) - Toni Love

Trusts - trustee - liability for amounts received in breach - ineligibility for reappointment - Rātima v Sullivan - Tataraakina C Trust (2017) 64 Tākitimu MB 121 (64 TKT 121) - Toni Love

Trusts - trustee removal - ineligibility period - Rātima v Sullivan - Tataraakina C Trust (2015) 41 Tākitimu MB 102 (41 TKT 102) - Annelise Samuels

Trusts - review of trust, enforcement of trustee obligations, removal of trustees - Broadman - Waimarama 3A 4B Sec 5 Block (2018) 66 Tākitimu MB 207 (66 TKT 207) - Toni Love

Trusts - conflict of interest - contracts rescinded - Matchitt v Butler - Mangatareka 3B (2017) 177 Waiariki MB 170 (177 WAR 170) - Toni Love

Māori Reservation - recommendation - urupā - Maori Trustee - Waerenga-a-Hika Māori Cemetery (2017) 73 Tairāwhiti MB 16 (73 TKT 16) - Toni Love

2018 Māori Land Court Judgments - index

2017 Māori Land Court Judgments - index

Resource Management - Ngā Whakahaere Rauemi

Māori interests in natural resource management - 2017 in review by Anna Brenstrum, Annie O'Connor and Dave Randal

Sir Edward Taihakurei Durie student essay competition 2017

Durability of the Treaty settlement process: Ngāti Whātua, tikanga, and overlapping claims - Cate Barnett


Injunction – dismissed – beneficial interest – Mitchell 

Mitchell v Mitchell 

High Court [2017] NZHC 1759

28 July 2017

Application for an interim injunction dismissed.

Download Mitchell v Mitchell  (592 KB PDF). read more

Trusts – trustee – liability for amounts received in breach – ineligibility for reappointment – Rātima

Rātima v Sullivan - Tataraakina C Trust

Māori Land Court (2017) 64 Tākitimu MB 121 (64 TKT 121)

29 November 2017

Determination as to the extent of the potential and actual liability of the former trustees of Tataraakina C Trust finds that trustees must repay the trust for amounts received in breach of their duties or losses caused to the trust.

Download Rātima v Sullivan - Tataraakina C Trust (874 KB PDF). read more

Trusts – conflict of interest – contracts rescinded – Matchitt

Matchitt v Butler - Mangatareka 3B

Māori Land Court (2017) 177 Waiariki MB 170 (177 WAR 170)

14 December 2017

Contracts were rescinded. Entering into the contracts was a serious and flagrant breach of the requirement to be free from conflicts.

Download Matchitt v Butler - Mangatareka 3B (313 KB PDF). read more

Rehearing – succession orders remain – no whakapapa link – Kerehoma

Kerehoma v Haeta-Kuku - Estate of Kenneth James Haeta-Kuku

Māori Land Court (2017) 65 Tākitimu MB 23 (65 TKT 23)

19 December 2017

Rehearing concerning orders made for succession to Māori land interests. The original orders should remain. There is no whakapapa link between the deceased and the applicant and as such she cannot succeed to land interests.

Download Kerehoma v Haeta-Kuku - Estate of Kenneth James Haeta-Kuku (325 KB PDF). read more

Māori Reservation – recommendation – urupā – Maori Trustee

Maori Trustee - Waerenga-a-Hika Māori Cemetery 

Māori Land Court (2017) 73 Tairāwhiti MB 16 (73 TKT 16)

19 December 2017

Recommendation that Waerenga-a-Hika Māori Cemetery be owned by the descendants of Hokinga and that the land be set aside as a Māori reservation for the purpose of an urupā for the common use and benefit of Te Aitanga a Mahaki.

Download Maori Trustee - Waerenga-a-Hika Māori Cemetery (445 KB PDF). read more

Appeal – granted – no notice – Reihana

Reihana v Benedito - Punakitere 4J2B2B, 4J2B2C, 4J2B2D, 4J2B2E, 4J2B2F, 4J2B2G, 4J2B2H1 and 4J2B2H2 Blocks

Māori Appellate Court [2018] Māori Appellate Court MB 32 (2018 APPEAL 32)

31 January 2018

Appeal against a permanent injunction granted due to a lack of proper notice. Rehearing ordered.

Download Reihana v Benedito - Punakitere 4J2B2B, 4J2B2C, 4J2B2D, 4J2B2E, 4J2B2F, 4J2B2G, 4J2B2H1 and 4J2B2H2 Blocks (449 KB PDF). read more

Māori interests in natural resource management: 2017 in review

Anna Brenstrum, Annie O'Connor and Dave Randal from Buddle Findlay review legal developments from 2017 relating to Māori interests in natural resources. read more

Trusts – review of trust, enforcement of trustee obligations, removal of trustees – Broadman

Broadman - Waimarama 3A 4B Sec 5 Block

Māori Land Court (2018) 66 Tākitimu MB 207 (66 TKT 207)

22 February 2018

Determination as to whether annual accounts and general meetings have been prepared and held, whether payments made to trustees were lawful, whether the “attendance fee” to owners was prudent, and whether the trustees can remain in office. The trustees have failed to act prudently and impartially sufficient to warrant their removal as it was both unreasonable and naive for them to believe their conduct was permissible under the trust order or the general law.

Download Broadman - Waimarama 3A 4B Sec 5 Block (332 KB PDF). read more

Trusts – trustee removal – ineligibility period – Ratima

Rātima v Sullivan - Tataraakina C Trust

Māori Land Court (2015) 41 Tākitimu MB 102 (41 TKT 102)

9 July 2015

Determination that actions of trustees amounted to a breach of trust sufficient to warrant their removal and deem them ineligible for re-election for a period.

Download Rātima v Sullivan - Tataraakina C Trust  (531 KB PDF).

read more