Haratua 2019 May – Contents

Te Kōti Matua – High Court

Declaratory judgments - fiduciary relationship and constructive trust alleged - refused - earlier judgments conclusive - Winitana v Attorney-General [2019] NZHC 380 - Toni Love

Injunction - failure to comply - arrest orders delayed - Māori Trustee v Smith [2019] NZHC 322 - Toni Love

Injunction - enforcement - arrest orders deferred - Police involvement - Māori Trustee v Smith [2019] NZHC 1022 - Toni Love

Injunction - stay of enforcement refused - issues addressed previously - Māori Trustee v Smith [2019] NZHC 1122 - Toni Love

Injunction - refused - arrest orders delayed further - enforcement - Court Sheriff - Māori Trustee v Smith [2019] NZHC 1220 - Toni Love

Procedure - strike out application dismissed - Paul v New Zealand Māori Council [2019] NZHC 784 - Toni Love

Lawyers - disqualification from acting - solicitor unable to discharge duty to both parties or to the court - Mitchell & Ors v Mitchell [2018] NZHC 2665 - Toni Love

Te Kōti Pīra Māori – Māori Appellate Court

Injunction - refused - Ngakoti v Department of Conservation - Ngaiotonga A3 [2019] Māori Appellate Court MB 213 (2019 APPEAL 213) - Te Kooanga Awatere-Reed

Trusts - trustee removal - process invalid - Smith v Smith - Nuki o Te Hapū Tahawai ki Rataroa Whānau Trust [2019] Māori Appellate Court MB 110 (2019 APPEAL 110) - Reto Blattner de-Vries

2019 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Chief Judge's powers - succession - cancellation declined - not erroneous - Noble - Estate of Rameka Korewha Ngamanu (2019) Chief Judge's MB 132 (2019 CJ 132) - Reto Blattner de-Vries

Chief Judge's powers - succession order cancelled - previous lawful order - Brown - Motatau 2 Section 23A1B [2019] Chief Judge's MB 311 (2019 CJ 311) - Reto Blattner de-Vries

Chief Judge's powers - vesting order amended - erroneous joint tenancy - Deputy Registrar – Lot 1 DP 150873 Part Waikoukou No 406 [2019] Chief Judge’s MB 264 (2019 CJ 264) - Te Kooanga Awatere-Reedy

Chief Judge's powers - vesting - insufficient evidence to cancel order - Rudolph - Paihia 2F2B2 [2019] Chief Judge's MB 327 (2019 CJ 327) - Reto Blattner de-Vries

Chief Judge's powers - succession - amendment granted - administrative error - Knight - Estate of Rewiti Te Rakaherea (2019) Chief Judge's MB 74 (2019 CJ 74) - Reto Blattner de-Vries

Chief Judge's powers - succession order - grounds not set out - Smallman - Te Rangi Kaiamokura (2019) Chief Judge's MB 66 (2019 CJ 66) - Te Kooanga Awatere-Reedy

Chief Judge's powers - vesting order - agreed price paid - Wharehinga v Henry – Rangatira A No 96 [2019] Chief Judge’s MB 15 (2019 CJ 15) - Te Kooanga Awatere-Reedy

Succession - gift and not trust under will - beneficiary not whāngai - partial succession to hapū land interests - Vincent v Kennedy - Estate of Carol Fleet (2019) 185 Taitokerau MB 148 (185 TTK 148) - Te Kooanga Awatere-Reedy

Trusts - trustee appointment - flaw in process but not erroneous - Tanerau-King - Mangamaunu 1A Part Section 19 (2019) 53 Te Waipounamu MB 220 (53 TWP 220) - Reto Blattner de-Vries

Trusts - trustee removal declined - trustee duties - Kauika-Stevens v Tawake - Rangitatau 1D5A1 Reserve (Tākirau Marae) (2019) 396 Aotea MB 215 (396 AOT 215) - Reto Blattner de-Vries

Trusts - relief from personal liability - good faith actions - replacement trustees appointed - Broadman - Waimarama 3A 4B Sec 5 (2019) 75 Tākitimu MB 83 (75 TKT 83) - Reto Blattner de-Vries

Trusts - ahu whenua trust over multiple Māori reservation blocks - Luke v Grey - Wairau Block XII Sections A1 & F and Block XII Cloudy Bay Survey District Sections 20, 22 & 24 (2019) 53 Te Waipounamu MB 187 (53 TWP 187) - Mihiata Pirini

Occupation order - refused - lack of trustee consent - Insley v Insley - Awapuni Haraparapara No 2B No 1B Section 2 (2018) 202 Waiariki MB 187 (20 WAR 187) - Carolyn Southey-Jensen

2019 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Waitangi Tribunal procedure - application for urgent hearing refused - no short term solution - Decision on application for urgent hearing - The Alcohol Healthcare Claim (Wai 2624, #2.5.3) - Meredith Clement

Ngā Whakahaere Rauemi - Resource Management

Māori interests in natural resource management - 2018 in review - Ana Coculescu and Chelsea Easter

Print version

Download the Māori Law Review May 2019 (499 KB PDF)


Trusts – relief from personal liability – good faith actions – replacement trustees appointed – Broadman

Broadman - Waimarama 3A 4B Sec 5

Māori Land Court (2019) 75 Tākitimu MB 83 (75 TKT 83)

10 April 2019

The Court granted relief from personal liability after unauthorised payments of trustee fees and payments to beneficial owners. Replacement trustees were appointed.

Download Broadman - Waimarama 3A 4B Sec 5 (294 KB PDF). read more

Injunction – refused – Ngakoti

Ngakoti v Department of Conservation - Ngaiotonga A3

Māori Appellate Court [2019] Māori Appellate Court MB 213 (2019 APPEAL 213)

1 May 2019

Appeal dismissed from a decision refusing an injunction to prevent a drop of 1080 poison on the Ngaiotonga A3 block.

Download - Ngakoti v Department of Conservation - Ngaiotonga A3 (222 KB PDF). read more

Lawyers – disqualification from acting – solicitor unable to discharge duty to both parties or to the court – Mitchell

Mitchell & Ors v Mitchell

High Court [2018] NZHC 2665

19 October 2018

Application granted to restrain a lawyer and his law firm from acting as counsel in a case. The lawyer could not discharge his duties to his former and present clients, or to the court.

Download Mitchell & Ors v Mitchell (461 KB PDF).

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Trusts – trustee removal – process invalid – Smith

Smith v Smith - Nuki o Te Hapū Tahawai ki Rataroa Whānau Trust

Māori Appellate Court [2019] Māori Appellate Court MB 110 (2019 APPEAL 110)

26 March 2019

Successful appeal from decisions to replace the trustees of Ngā Uri o Ngāti Pakahi Trust and the Nuki o Te Hapū Tahawai ki Rataroa Whānau Trust.

Download Smith v Smith - Nuki o Te Hapū Tahawai ki Rataroa Whānau Trust (332 KB PDF).

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Procedure – strike out application dismissed – Paul

Paul v New Zealand Māori Council

High Court [2019] NZHC 784

11 April 2019

Application to strike out proceedings dismissed. The case seeks clarification of provisions in the Maori Community Development Act 1962 and associated regulations.

Download Paul v New Zealand Māori Council (362 KB PDF)

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Declaratory judgments – fiduciary relationship and constructive trust alleged – refused – earlier judgments conclusive – Winitana

Winitana v Attorney-General

High Court [2019] NZHC 380

8 March 2019

This proceeding sought declarations that continuing fiduciary obligations are owed to the former group of owners of Lake Waikaremoana, and that a constructive trust should be recognised over rental income received for a lease of the lake. These declarations were refused. There are conclusive judgments of the Māori Land Court on the issues already and the Lake Waikaremoana Act 1971 does not support the contentions advanced.

Download Winitana v Attorney-General (526 KB PDF). read more

Injunction – refused – arrest orders delayed further – enforcement – Court Sheriff – Māori Trustee

Māori Trustee v Smith

High Court [2019] NZHC 1220

27 May 2019

Application for an injunction to prevent Māori Trustee regaining possession of property refused.  Continuing litigation in context of earlier enforcement orders and injunction against occupier. Arrest orders further delayed to allow orderly exit from the property.

Download Māori Trustee v Smith (490 KB PDF).

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Chief Judge’s powers – succession order cancelled – previous lawful order – Brown

Brown - Motatau 2 Section 23A1B

Māori Land Court [2019] Chief Judge's MB 311 (2019 CJ 311)

23 April 2019

Application granted to cancel an order made in 2006 determining the ownership of a dwelling built on Motatau 2 Section 23A1B. The Māori Land Court did not have the jurisdiction to make the 2006 order because a lawful order determining the ownership of the dwelling had already been made in 1985.

Download Brown - Motatau 2 Section 23A1B (339 KB PDF).

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Injunction – enforcement – arrest orders deferred – Police involvement – Māori Trustee

Māori Trustee v Smith

High Court [2019] NZHC 1022

16 April 2019

Application by the Police to defer arrest orders being issued, add specific terms to the orders detailing the extent of the powers allowed to be exercised in the execution of the arrest orders, and to be heard as interested parties. The application was made because of the Police becoming involved in arrest orders to enforce an injunction. The court granted leave to amend the terms, defer issuing arrest orders, and allowing submissions. There was no need for the Police to join the litigation as interested parties.

Download Māori Trustee v Smith & Ors (448 KB PDF).

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Chief Judge’s powers – vesting order amended – erroneous joint tenancy – Deputy Registrar

Deputy Registrar – Lot 1 DP 150873 Part Waikoukou No 406

Māori Land Court [2019] Chief Judge’s MB 264 (2019 CJ 264)

10 April 2019

The order vesting Lots 1 and 2 in Paora Tuhaere and Wiremu Reweti Te Whenua as joint tenants was erroneous and it was amended declaring the title to be held as a tenancy in common. The order was inconsistent with previous succession orders where Wiremu and Paora's interests were succeeded to separately by their respective successors.

Download Deputy Registrar – Lot 1 DP 150873 Part Waikoukou No 40 (301 KB PDF).

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Succession – gift and not trust under will – beneficiary not whāngai – partial succession to hapū land interests – Vincent

Vincent v Kennedy - Estate of Carol Fleet

Māori Land Court (2019) 185 Taitokerau MB 148 (185 TTK 148)

31 January 2019

The deceased's will gave her Māori land interests to her nephew. The Court construed the will and made determinations that a gift was intended, that the beneficiary was not the will-maker's whāngai, but could succeed to her land interests with which he had a whakapapa association.  The remaining land interests were to pass to the deceased's surviving siblings, on the basis of a partial intestacy.

Download Vincent v Kennedy - Estate of Carol Fleet (328 KB, PDF) read more

Injunction – stay of enforcement refused – issues addressed previously – Māori Trustee

Māori Trustee v Smith

High Court [2019] NZHC 1122

15 May 2019

Application for stay of enforcement refused of earlier decisions granting an injunction to prevent a whānau continuing to occupy land. All matters raised had been previously addressed. There would be no substantial miscarriage of justice if the arrest orders are issued.

Download Māori Trustee v Smith (523 KB PDF).

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Trusts – ahu whenua trust over multiple Māori reservation blocks – Luke

Luke v Grey - Wairau Block XII Sections A1 & F and Block XII Cloudy Bay Survey District Sections 20, 22 & 24

Māori Land Court (2019) 53 Te Waipounamu MB 187 (53 TWP 187)

6 March 2019

Application to constitute an ahu whenua trust over multiple Māori reservation blocks adjourned to allow further preparatory work.

Download Luke v Grey - Wairau Block XII Sections A1 & F and Block XII Cloudy Bay Survey District Sections 20, 22 & 24 (274 KB PDF).

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Chief Judge’s powers – succession – cancellation declined – not erroneous – Noble

Noble - Estate of Rameka Korewha Ngamanu

Māori Land Court (2019) Chief Judge's MB 132 (2019 CJ 132)

4 April 2019

Application for exercise of the Chief Judge's powers to cancel vesting orders declined. The evidence established that consent had been granted by the relevant whānau to the application. The 1981 decision for vesting orders was not erroneous in fact or in law.

Download Noble - Estate of Rameka Korewha Ngamanu (429 KB PDF).

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Injunction – failure to comply – arrest orders delayed – Māori Trustee

Māori Trustee v Smith

High Court [2019] NZHC 322

14 February 2019

On-notice application for leave to issue arrest orders to enforce the terms of an injunction. Although the required standard was proved the court delayed the issue of arrest orders.

Download Māori Trustee v Smith (380 KB PDF). read more

Chief Judge’s powers – vesting – insufficient evidence to cancel order – Rudolph

Rudolph - Paihia 2F2B2

Maori Land Court [2019] Chief Judge's MB 327 (2019 CJ 327)

30 April 2019

Application to amend a 1984 order vesting shares in the applicant's sister. The applicant was unable to prove that there was a mistake or omission on the part of the Court or in the presentation of the facts of the case to the Court so the application failed.

Download Rudolph - Paihia 2F2B2 (313 KB PDF).

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Chief Judge’s powers – succession order – grounds not set out – Smallman

Smallman - Te Rangi Kaiamokura

Māori Land Court (2019) Chief Judge's MB 66 (2019 CJ 66)

21 March 2019

Application to amend succession order dismissed. The applicant had not identified and concisely set out the order complained of nor provided relevant evidence to support his claim.

Download Smallman - Te Rangi Kaiamokura (258 KB PDF)

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Chief Judge’s powers – vesting order – agreed price paid – Wharehinga

Wharehinga v Henry – Rangatira A No 96

Māori Land Court [2019] Chief Judge’s MB 15 (2019 CJ 15)

20 March 2019

Application to amend vesting order on the basis that the full purchase price was not paid. The balance had been paid, therefore there was no reason to amend vesting order.

Download Wharehinga v Henry – Rangatira A No 96 (154 KB PDF)

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Trusts – trustee appointment – flaw in process but not erroneous – Tanerau-King

Tanerau-King - Mangamaunu 1A Part Section 19

Māori Land Court (2019) 53 Te Waipounamu MB 220 (53 TWP 220)

20 March 2019

Application to appoint trustee granted. The Court did not consider the breach in voting significant enough to render the process erroneous. The elected trustee had sufficient ability, knowledge and experience to become a trustee, and was acceptable to the beneficiaries, and the voting results would have been the same if carried out properly.

Download Tanerau-King - Mangamaunu 1A Part Section 19 (307 KB PDF)

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Trusts – trustee removal declined – trustee duties – Kauika-Stevens

Kauika-Stevens v Tawake - Rangitatau 1D5A1 Reserve (Tākirau Marae)

Māori Land Court (2019) 396 Aotea MB 215 (396 AOT 215)

20 February 2019

The Court declined an application to remove a trustee. There was insufficient evidence before the Court to warrant removal.

Download Kauika-Stevens v Tawake - Rangitatau 1D5A1 Reserve (Tākirau Marae) (351 KB PDF)

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Occupation order – refused – lack of trustee consent – Insley

Insley v Insley - Awapuni Haraparapara No 2B No 1B Section 2

Māori Land Court (2018) 202 Waiariki MB 187 (20 WAR 187)

5 December 2018

Application for an occupation order dismissed.

Download Insley v Insley - Awapuni Haraparapara No 2B No 1B Section 2 (299 KB PDF). read more

Chief Judge’s powers – succession – amendment granted – administrative error – Knight

Knight - Estate of Rewiti Te Rakaherea

Māori Land Court 2019 Chief Judge's MB 74 (2019 CJ 74)

29 March 2019

Application to amend a succession order granted. There had been an administrative error in failing to record the Tauhara North No 2 Block in a 1916 succession order.

Download Knight - Estate of Rewiti Te Rakaherea (374 KB PDF). read more

Waitangi Tribunal procedure – application for urgent hearing refused – no short term solution – Alcohol and Healthcare Claim

Decision on application for urgent hearing - The Alcohol Healthcare Claim 

Waitangi Tribunal (Wai 2624, #2.5.3)

30 April 2019

Decision refusing an application for an urgent hearing into the Alcohol and Healthcare Claim in light of the impending kaupapa health inquiry

Download Decision on application for urgent hearing - The Alcohol Healthcare Claim (602 KB PDF). read more