Here-turi-kōkā 2019 August – Contents

Pūnaha whakawā – Criminal justice

Ināia Tonu Nei - now is the time. We lead, you follow - Te Ohu Whakatika - Anna Dawson

Te Kōti Matua – High Court

Injunction - further stay sought - declined - last warning - Māori Trustee v Smith [2019] NZHC 1701 - Toni Love

Te Kōti Pīra Māori – Māori Appellate Court

Chief Judge's powers - order varying trust annulled - application referred back for rehearing - Inia v Julian [2019] Māori Appellate Court MB 333 (2019 APPEAL 333) - Reto Blattner de-Vries

2019 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Ownership - tenancy in common and joint tenancy - incorrect recording in records - survivorship - Clarke v Overington - Maketu A Section 39 (2019) 215 Waiariki MB 95 (215 WAR 95) - Reto Blattner de-Vries

Ownership - tenancy in common - not held on trust - Welsh - Koutu (2019) 197 Taitokerau MB 172 (197 TTK 172) - Reto Blattner de-Vries

Chief Judge's powers - succession - mistake - children excluded - orders amended - Kui - Estate of Te Paea Hami Oru (2019) Chief Judge's MB 577 (2019 CJ 577) - Reto Blattner de-Vries

Chief Judge's powers - succession order - no mistake of law, fact or any error - Mucalo - Estate of Neri Te Waru [2019] Chief Judge’s MB 595 (2019 CJ 595) - Te Kooanga Awatere-Reedy

Procedure - leave to appeal declined until rehearing of preliminary decision - Williamson - Estate of Te Whe Ariki Hutana (2019) 57 Te Waipounamu MB 90 (57 TWP 90) - Te Kooanga Awatere-Reedy

Trusts - Whānau Trust - partial termination declined - Palmer - Joseph Hohepa and Gess Nukuhia Palmer Whānau Trust (2019) 180 Waikato Maniapoto MB 260 (180 WMN 260) - Te Kooanga Awatere-Reedy

Trusts - application for trustee appointment adjourned - Oneroa - Okahukura 8M2C2A2A and Okahukura 8M 2C2A Section 1 (2019) 401 Aotea MB 35 (401 AOT 35) - Te Kooanga Awatere-Reedy

2019 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Hauora: Report on Stage One of the Health Services and Outcomes Kaupapa Inquiry (Wai 2575, 2019) - Carwyn Jones

Print version

Download the Māori Law Review August 2019 (443 KB PDF)


Criminal justice – Te Ohu Whakatika – Ināia Tonu Nei

Ināia Tonu Nei - now is the time. We lead, you follow

Te Ohu Whakatika

24 July 2019

Te Ohu Whakatika released a report entitled Ināia Tonu Nei - now is the time. We lead, you follow. The report reflects submissions the group received on the criminal justice system in Aotearoa as a result of hui Māori convened after the Criminal Justice Summit in 2018.

Download Ināia Tonu Nei in English (6.38 MB, PDF) and Ināia Tonu Nei in Te Reo Māori (6.4 MB, PDF).

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Chief Judge’s powers – order varying trust annulled – application referred back for rehearing – Inia

Inia v Julian 

Māori Appellate Court [2019] Māori Appellate Court MB 333 (2019 APPEAL 333)

12 July 2019

Appeal against a decision to amend a whānau trust to include the respondent, her siblings and their uri as beneficiaries. The order varying the terms of the trust was annulled and the original s 45 application was referred back to the Deputy Chief Judge for rehearing. The implication of naming the respondent, her siblings and their uri as beneficiaries was that they gained an interest in land to which they had no whakapapa connection, and accordingly the variation was annulled.

Download Inia v Julian here (441 KB PDF).

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Chief Judge’s powers – succession – mistake – children excluded – orders amended – Kui

Kui - Estate of Te Paea Hami Oru

Māori Land Court (2019) Chief Judge's MB 577 (2019 CJ 577)

19 June 2019

Application seeking to amend a succession orders to include all the children of the deceased. The Court had omitted to inquire into the number of remaining successors when making the order now challenged. The Court considered it necessary in the interests of justice to remedy the mistake by amending the previous succession orders.

Download Kui - Estate of Te Paea Hami Oru (475 KB PDF)

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Injunction – further stay sought – declined – last warning – Māori Trustee

Māori Trustee v Bruce Smith, Ruby Smith, Cole Smith, Jarna Smith, Kreslea Smith

High Court [2019] NZHC 1701

18 July 2019

Application following the arrest of the Smith whānau seeking a further stay from the arrest order dismissed.

Download Māori Trustee v Bruce Smith, Ruby Smith, Cole Smith, Jarna Smith, Kreslea Smith (272 KB PDF).

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Trusts – Whānau Trust – partial termination declined – Palmer

Palmer - Joseph Hohepa and Gess Nukuhia Palmer Whānau Trust

Māori Land Court (2019) 180 Waikato Maniapoto MB 260 (180 WMN 260)

23 May 2019

Application, in effect, for partial termination of a whānau trust declined. Additionally, the Court directed the applicant to file a report addressing his suitability to be a trustee.

Download Palmer - Joseph Hohepa and Gess Nukuhia Palmer Whānau Trust (305 KB PDF). read more

Trusts – application for trustee appointment adjourned – Oneroa

Oneroa - Okahukura 8M2C2A2A and Okahukura 8M 2C2A Section 1

Māori Land Court (2019) 401 Aotea MB 35 (401 AOT 35)

29 May 2019

Application for appointment as trustee adjourned pending further submissions. Allegations of unpaid rent. There would be a further testing of the applicant's candidacy at an annual general meeting where full disclosure of his previous convictions could be made.

Download Oneroa - Okahukura 8M2C2A2A (330 KB PDF) read more

Ownership – tenancy in common and joint tenancy – incorrect recording in records – survivorship – Clarke

Clarke v Overington - Maketu A Section 39

Māori Land Court (2019) 215 Waiariki MB 95 (215 WAR 95)

20 June 2019

Two applications sought to transfer shares in land and replace a trustee. There appeared to be an error in court records or court orders. The Court had to work on the basis of the record as it stood. The applications were dismissed. The ownership record did not show the applicant as the sole owner of the interests. Other interests had to be engaged with. The Court considered an application for exercise of the Chief Judge's powers was a more appropriate route to address the ownership issue.

Download Clarke v Overington - Maketu A Section 39 (365 KB PDF).

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Procedure – leave to appeal declined until rehearing of preliminary decision – Williamson

Williamson - Estate of Te Whe Ariki Hutana

Māori Land Court (2019) 57 Te Waipounamu MB 90 (57 TWP 90)

15 July 2019

Application for leave to appeal declined until the application for rehearing of the preliminary decision is determined. The Court found that the number of extant applications in the proceedings concerning the estate weighed against granting leave. 

Download Williamson - Estate of Te Whe Ariki Hutana (269 KB PDF) read more

Ownership – tenancy in common – not held on trust – Welsh

Welsh - Koutu

Māori Land Court (2019) 197 Taitokerau MB 172 (197 TTK 172)

20 August 2019

Application seeking to determine the ownership of the Koutu block located at Kawerua in Waipoua. The issue concerned the effect of orders made in 1897. The Court determined that while subsequent correspondence to the 1897 order supported the view that the land is held on trust, this did not displace the effect of the 1897 order that the land was held by tenants in common in equal shares.

Download Welsh - Koutu (332 KB PDF).

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Chief Judge’s powers – succession order – no mistake of law, fact or any error – Mucalo

Mucalo - Estate of Neri Te Waru

Māori Land Court [2019] Chief Judge’s MB 595 (2019 CJ 595)

25 June 2019

Application to amend succession order relating to declarations changing the status of Māori freehold land to general land dismissed. The Court found that there was no mistake in fact or law and no error in the making of the order. The deceased was alive at the time the order was made.

Download Mucalo - Estate of Neri Te Waru (336 KB PDF). read more

Hauora: Report on Stage One of the Health Services and Outcomes Kaupapa Inquiry

Hauora: Report on Stage One of the Health Services and Outcomes Kaupapa Inquiry

Waitangi Tribunal (Wai 2575, 28 June 2019, pre-publication version)

The Waitangi Tribunal has released its report on the first stage of its kaupapa inquiry into health services and outcomes. The stage one report focused on central aspects of the primary health care framework.

Download Hauora: Report on Stage One of the Health Services and Outcomes Kaupapa Inquiry (2 MB PDF). read more