Pipiri 2019 June – Contents

Te Kōti Matua – High Court

Judicial review - appointment of Waitangi Tribunal members to an inquiry - Mutu v Chairperson of the Waitangi Tribunal [2019] NZHC 647 - Anna Dawson

Procedure - leave to appeal out of time refused - Ngāti Pāoa representation issue - SKP Incorporated v Auckland Council [2019] NZHC 900 - Te Kooanga Awatere-Reedy

Te Kōti Pīra Māori – Māori Appellate Court

Jurisdiction - General land owned by Māori - supervision of post-settlement land trusts - Moke v Ngāti Tarāwhai Iwi Trust [2019] Māori Appellate Court MB 265 (2019 APPEAL 265) - Craig Linkhorn; comment on Moke v Ngāti Tarāwhai Iwi Trust - Tom Bennion

Trusts - breach of natural justice - conflict of interest - trustee removal - Pook v Matchitt - Matangareka 3B [2019] Māori Appellate Court MB 167 (2019 APPEAL 167) - Reto Blattner de-Vries

2019 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Injunctions - mandatory interim injunction - rights adversely affected - Myoak Holdings Ltd v Te Huia – Waipuka 2T Roadway (2019) 75 Tākitimu MB 90 (75 TKT 90) - Te Kooanga Awatere-Reedy

Trusts - whānau trust - partial termination refused - no trustee consent -Eru - Awanui Haparapara 9 Block (2019) 211 Waiariki MB 103 (211 WAR 103) - Te Kooanga Awatere-Reedy

Trusts - trustee removal - trustee appointments - Cameron – Lot 1 Deposited Plan 15331 (part Claim 61) (2019) 54 Te Waipounamu MB 130 (54 TWP 130) - Te Kooanga Awatere-Reedy

Trusts - variation - trustee replacement - Nepia - Ruaohinetu 21 (2019) 84 Tairawhiti MB 283 (84 TRW 283) - - Reto Blattner de-Vries

Māori Reservations - trustee appointment - marae area - further evidence required - marae charter - Raukawa v Lux - Opape 3A No 1E (2019) 210 Waiāriki MB 114 (210 WAR 114) - Reto Blattner de-Vries

Māori Reservations - failure to protect funds - no relief from trustee liability - recipient liability - Tata v Katipa - Waiwhakaata 3E4C Lot 2A (2018) 170 Waikato Maniapoto MB 123 (170 WMN 123) - Reto Blattner de-Vries

Succession - adoption - whāngai able to succeed - insufficient consents to support family arrangement - Riley - Estate of Matekino Raikuku (2019) 186 Taitokerau MB 285 (186 TTK 285) - Reto Blattner de-Vries

2019 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims Part III (Wai 898, 2019)

Waitangi Tribunal procedure - urgent inquiry declined - local government electoral law - claim not ready to proceed - Decision of the Deputy Chairperson on application for an urgent hearing (Wai 2880, #2.5.4) - Meredith Clement

Pūnaha whakawā – Criminal justice

He Waka Roimata - Te Uepū Hāpai i te Ora (the Safe and Effective Justice advisory group) - Craig Linkhorn with Anna Dawson

Print version

Download the Māori Law Review June 2019 (494 KB PDF)


Judicial review – appointment of Waitangi Tribunal members to an inquiry – Mutu

Mutu v Chairperson of the Waitangi Tribunal

High Court [2019] NZHC 647

1 April 2019

The High Court dismissed an application seeking judicial review of decisions by a panel of the Waitangi Tribunal and by the Chairperson of the Tribunal about the status of the Tribunal's further inquiry into remedies recommendations sought on behalf of Ngāti Kahu.

Download Mutu and Renata v Chairperson of the Waitangi Tribunal (462KB PDF). read more

Jurisdiction – General land owned by Māori – supervision of post-settlement land trusts – Moke

Moke v Ngāti Tarāwhai Iwi Trust 

Māori Appellate Court [2019] Māori Appellate Court MB 265 (2019 APPEAL 265)

25 June 2019

The Māori Appellate Court has ruled that the Māori Land Court has concurrent jurisdiction with the High Court to determine disputes involving trusts over General land owned by Māori. The context involved a dispute with trustees who held land as a result of a settlement of historical claims under the Treaty of Waitangi. The lower Court had ruled it had no jurisdiction to determine the dispute. The Appellate Court reversed this and reinstated the proceeding.

Alongside the case note below, Māori Law Review consultant editor Tom Bennion discusses the significance of this decision here.

Download Moke v Ngāti Tarāwhai Iwi Trust (334 KB PDF). read more

Jurisdiction – General land owned by Māori – supervision of post-settlement land trusts – comment on Moke

Moke v Ngāti Tarāwhai Iwi Trust 

Māori Appellate Court [2019] Māori Appellate Court MB 265 (2019 APPEAL 265)

25 June 2019

The Māori Appellate Court has ruled that the Māori Land Court has concurrent jurisdiction with the High Court to determine disputes involving trusts over General land owned by Māori. We have reported the decision here. Māori Law Review consultant editor Tom Bennion discusses the implications of this decision. read more

Procedure – leave to appeal out of time refused – Ngāti Pāoa representation issue – SKP Incorporated

SKP Incorporated v Auckland Council

High Court [2019] NZHC 900

24 April 2019

Application seeking to extend time for the filing of an appeal against a decision of the Environment Court dismissed. A representation issue was involved. The more appropriate route was to seek a rehearing before the Environment Court.

Download SKP Incorporated v Auckland Council (495 KB PDF).

read more

Criminal justice – Te Uepū Hāpai i te Ora – He Waka Roimata

He Waka Roimata - transforming our criminal justice system

Te Uepū Hāpai i te Ora

9 June 2019

Te Uepū Hāpai i te Ora, the Safe and Effective Justice advisory group, has released its first report entitled He Waka Roimata (a vessel of tears). The report reflects submissions the group received on the criminal justice system in Aotearoa.

Download He Waka Roimata (5.4 MB, PDF). read more

Trusts – breach of natural justice – conflict of interest – trustee removal – Pook

Pook v Matchitt - Matangareka 3B

Māori Appellate Court [2019] Māori Appellate Court MB 167 (2019 APPEAL 167)

12 April 2019

The Court decided two related appeals from lower Court decisions removing trustees and ordering repayment of amounts received in breach of trust. The first appeal was allowed. The lower Court erred in finding that the first appellant was not entitled to relief and that she was deserving of removal. The second appeal was dismissed. The second appellants had clearly breached their trustee duties. They should have known that their participation in decisions benefiting each other (siblings) was a conflict.

Download Pook v Matchitt - Matangareka 3B (671 KB PDF).

read more

Injunctions – mandatory interim injunction – rights adversely affected – Myoak Holdings Ltd

Myoak Holdings Ltd v Te Huia – Waipuka 2T Roadway

Māori Land Court (2019) 75 Tākitimu MB 90 (75 TKT 90)

10 April 2019

Application seeking an injunction granted. The measures adopted by the respondents adversely affected the rights of the applicant and other users.

Download Myoak Holdings Ltd v Te Huia – Waipuka 2T Roadway (315 KB PDF)

read more

Māori Reservations – trustee appointment – marae area – further evidence required – marae charter – Raukawa

Raukawa v Lux - Opape 3A No 1E

Maori Land Court (2019) 210 Waiāriki MB 114 (210 WAR 114)

11 April 2019

Application seeking appointment of nominees elected following a meeting of the beneficiaries. The notice of the general meeting was sufficient as it was clear that there was going to be an election of trustees and a discussion of the redefinition of beneficiaries. Decision adjourned for further evidence to be provided on the trustees suitability for appointment and on the proposal to consolidate the marae area.

Download Raukawa v Lux - Opape 3A No 1E (406 KB PDF).

read more

Trusts – trustee removal – trustee appointments – Cameron

Cameron – Lot 1 Deposited Plan 15331 (part Claim 61)

Māori Land Court (2019) 54 Te Waipounamu MB 130 (54 TWP 130)

15 April 2019

Applications to remove and replace trustees granted, application for appointment of trustees dismissed. The election and voting process from the 2017 AGM was not in accordance with the trust order and the Court declined to appoint the elected trustees.

Download Cameron – Lot 1 Deposited Plan 15331 (part Claim 61) (318 KB PDF)

read more

Trusts – whānau trust – partial termination refused – no trustee consent – Eru

Eru - Awanui Haparapara 9 Block

Māori Land Court (2019) 211 Waiariki MB 103 (211 WAR 103)

30 April 2019

Application seeking partial termination of a whānau trust refused.  The applicants sought a shareholding in the block so that they could apply for an occupation order. The Court found that there was no benefit to granting the order as the trustees of the whānau trust and the governing ahu whenua trust over the block declined to support applications for an occupation order.

Download - Eru - Awanui Haparapara 9 Block (290 KB PDF) read more

Māori Reservations – failure to protect funds – no relief from trustee liability – recipient liability – Tata

Tata v Katipa - Waiwhakaata 3E4C Lot 2A

Māori Land Court (2018) 170 Waikato Maniapoto MB 123 (170 WMN 123)

19 October 2018

The Court determined an application to enforce trustee obligations and an application to appoint nominees as trustees. The Court found that there had been a breach of trustee duty, along with a lack of cohesion, process and accountability. Trustees in office at the relevant time were jointly and severally liable for the breach of trustee duties. Another person was liable to repay funds (recipient liability). The trustee nominees who were found liable were not appointed as trustees.

Download Tata v Katipa - Waiwhakaata 3E4C Lot 2A (692 KB PDF).  read more

Succession – adoption – whāngai able to succeed – insufficient consents to support family arrangement – Riley

Riley - Estate of Matekino Raikuku

Maori Land Court (2019) 186 Taitokerau MB 285 (186 TTK 285)

23 April 2019

A succession application could not be determined by a proposed family arrangement because relevant consents were not obtained. Further, only those not formally adopted out (legally adopted) could succeed to the deceased's Māori land interests as their links to the deceased had not been severed at law.

Download Riley - Estate of Matekino Raikuku (306 KB PDF).

read more

Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims Part III

Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims – Pre-publication Version part 3

Waitangi Tribunal (Wai 898, 2019)

The Waitangi Tribunal has released the third part of its report on Te Rohe Pōtae Claims in pre-publication format. This forms part of the final report on the district inquiry into Te Rohe Pōtae (The King Country). Parts 1 and 2 focus on; The Treaty of Waitangi, Old Land Claims, Crown Purchasing, War and Confiscation, Aukati, Te Putake o te Ohaki Tapu, Main Trunk Railway, Native Land Court (1886-1907), Crown Purchasing (1890-1905). Part 3 addresses claims about land policy and legislation after 1900.

See also Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims Part I  and Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims Part II.

Download Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims Part III – Pre-publication version (4 MB PDF). read more

Trusts – variation – trustee replacement – Nepia

Nepia - Ruaohinetu 21

Māori Land Court (2019) 84 Tairawhiti MB 283 (84 TRW 283)

24 April 2019

Application seeking to vary the terms of the ahu whenua trust granted in part. Application seeking to replace trustees granted.

Download Nepia - Ruaohinetu 21 (226 KB PDF).

read more

Waitangi Tribunal procedure – urgent inquiry declined – local government electoral law – claim not ready to proceed – Heihei

Decision of the Deputy Chairperson on application for an urgent hearing

Waitangi Tribunal (Wai 2880, #2.5.4)

18 June 2019

An application for an urgent inquiry into local government electoral law settings was declined. The claim was not ready to proceed urgently. There is an upcoming kaupapa inquiry into claims about electoral law.

Request Decision of the Deputy Chairperson on application for an urgent hearing. read more