Mahuru 2019 September – Contents

Te Kōti Matua – High Court

Procedure - intervenor - tikanga Māori - Ngāti Whātua Ōrākei Trust v Attorney-General [2019] NZHC 2363 - Toni Love

Te Kōti Pīra Māori – Māori Appellate Court

2019 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Succession - de facto partner - intestate - applicant to seek advice - Hallett - Succession to Sheryl Marie Te Moana (2019) 399 Aotea MB 138 (399 AOT 138) - Te Kooanga Awatere-Reedy

Succession - de facto partner - intestate - claim falls within High Court jurisdiction - Carmont - Estate of El-Alamein Harawira (2019) 195 Taitokerau MB 103 (195 TTK 103) - Reto Blattner de-Vries

Succession - tamaiti whāngai - declined - not integrated into whānau - Ututaonga – Estate of Maraea Ututaonga (2019) 199 Taitokerau MB 281 (199 TTK 281) - Te Kooanga Awatere-Reedy

Succession - house ownership - not owned by whānau trust - excluded from vesting - Herewini - Te Tii Mangonui A3 (2019) 192 Taitokerau MB 170 (192 TTK 170) - Reto Blattner de-Vries

Succession - whānau trust - trustee suitability - historical conviction - whānau support - Tautari - Estate of Wairuaora Hinerupe Fairburn (2019) 200 Taitokerau MB 1 (200 TTK 1) - Te Kooanga Awatere-Reedy

Trusts - trustee duties - court directions sought by responsible trustee - Hemana - Rotopounamu 1B3A2C (2019) 77 Tākitimu MB 220 (77 TKT 220) - Reto Blattner de-Vries

Trusts - trustee duties - resignation - orders removing trustees - indemnity - Witana v Tau - Omapere Taraire E (2019) 191 Taitokerau MB 1 (191 TTK 1) - Reto Blattner de-Vries

Trusts - trustee removal - trustee resignation valid once submitted - Insley - Awanui Haparapara No 4B Trust (2019) 211 Waiāriki MB 68 (211 WAR 68) - Te Kooanga Awatere-Reedy

Trusts - trustee removal - resignation instead - Vaimoso - Maurihoro B Block (2019) 185 Waikato Maniapoto MB 145 (185 WMN 145) - Te Kooanga Awatere-Reedy

Trusts - trustee removal - conflict of interest - failure to carry out duties - Bamber - Tahorakuri A No 1 Sec 33A 2 Block (2019) 218 Waiāriki MB 292 (218 WAR 292) - Te Kooanga Awatere-Reedy

Partition - declined - reasonable alternatives - impractical to partition - Kahukiwa v Ross - Waikite No 3A (2019) 217 Waiāriki MB 68 (217 WAR 68) - Reto Blattner de-Vries

Partition - declined - occupation order reasonable alternative - Angell - Part Nukuroa 2A3C2 and Lot 2 DP37299 (2019) 198 Taitokerau MB 231 (198 TTK 231) - Te Kooanga Awatere-Reedy

Easement - regularising existing situation - Committee of Management of Mangatawa Papamoa Blocks Inc - Asher Block Lot C (2019) 187 Waikato Maniapoto MB 67 (187 WMN 67) - Reto Blattner de-Vries

2019 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Waitangi Tribunal procedure - urgent inquiry declined - failure to meet criteria - alternate remedies - Decision on applications for an urgent hearing (Wai 2578, #2.5.19; Wai 2693, #2.5.11; Wai 2886, #2.5.3) - Meredith Clement

Waitangi Tribunal procedure - urgent inquiry declined - failure to meet criteria - no further developments - Ngati Rehua-Ngatiwai ki Aotea - Decision on applications for an urgent hearing (Wai 2556, #2.5.7; Wai 2576, #2.5.7) - Meredith Clement

Ngā Whakaturetanga - Legislation

Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019 - Carwyn Jones and Te Kooanga Awatere-Reedy

Sir Edward Taihakurei Durie student essay competition 2019

Entries are welcomed for the 2019 Sir Edward Taihakurei Durie student essay competition sponsored by the Māori Law Review. For more information and details on how the competition operates go here. Entries close at 5 p.m. on Friday 4 October 2019.

Print version

Download the Māori Law Review September 2019 (505 KB PDF)


Procedure – intervenor – tikanga Māori – Ngāti Whātua Ōrākei Trust

Ngāti Whātua Ōrākei Trust v Attorney-General

High Court [2019] NZHC 2363

19 September 2019

Ngāti Kuri Trust Board and Ngāi Te Rangi Settlement Trust obtained leave (on a limited basis) to be intervenors in a proceeding brought by the Ngāti Whātua Ōrākei Trust. The case concerns whether the Crown must act in accordance with tikanga Māori in applying policy about overlapping claims in settlement negotiations.

Download Ngāti Whātua Ōrākei Trust v Attorney-General (472 KB PDF).

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Trusts – trustee removal – resignation instead – Vaimoso

Vaimoso - Maurihoro B Block

Māori Land Court (2019) 185 Waikato Maniapoto MB 145 (185 WMN 145)

27 August 2019

Application for removal of trustees. Before determination, the two trustees resigned without admission of liability. The Court accepted these resignations and reduced the number of trustees.

Download Vaimoso - Maurihoro B Block (384 KB PDF). read more

Succession – whānau trust – trustee suitability – historical conviction – whānau support – Tautari

Tautari - Estate of Wairuaora Hinerupe Fairburn

Māori Land Court (2019) 200 Taitokerau MB 1 (200 TTK 1)

11 September 2019

Application for succession and application constituting whānau trust granted. The Court considered the suitability of one of the trustees due to a historical dishonesty conviction. The Court found that she had the necessary ability to carry out this role and that her whānau clearly supported her.

Download Tautari - Estate of Wairuaora Hinerupe Fairburn (88 KB PDF). read more

Trusts – trustee removal – conflict of interest – failure to carry out duties – Bamber

Bamber - Tahorakuri A No 1 Sec 33A 2 Block

Māori Land Court (2019) 218 Waiariki MB 292 (218 WAR 292)

3 September 2019

Two applications seeking the removal of trustees and two corresponding applications to strike out the removal applications. The Court granted one of the applications and dismissed both applications for strike out. The Court held that the applicant trustee's inability to work with the trustees was enough to be considered as a failure to carry out his duties satisfactorily. Moreover, the Court found that the trustee was in a position where there was an untenable conflict of interest due to his being a trustee of two trusts (one trust holds the assets the other trust is seeking to recover).

Download Bamber - Tahorakuri A No 1 Sec 33A 2 Block (415 KB PDF).

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Trusts – trustee removal – trustee resignation valid once submitted – Insley

Insley - Awanui Haparapara No 4B Trust

Māori Land Court (2019) 211 Waiāriki MB 68 (211 WAR 68)

17 April 2019

Application to remove trustees dismissed. Letters of resignation were valid once they had been submitted to the registry or to the trustees. Accordingly, there was no need for the removal application to proceed.

Download Insley - Awanui Haparapara No 4B Trust (371 KB PDF). read more

Succession – tamaiti whāngai – declined – not integrated into whānau – Ututaonga

Ututaonga – Estate of Maraea Ututaonga

Māori Land Court (2019) 199 Taitokerau MB 281 (199 TTK 281)

10 September 2019

Application to succeed to the estate of the deceased as a tamaiti whāngai declined. The Court found that the applicant was not a tamaiti whāngai.

Download Ututaonga – Estate of Maraea Ututaonga (72 KB PDF). read more

Succession – de facto partner – intestate – applicant to seek advice – Hallett

Hallett - Succession to Sheryl Marie Te Moana

Māori Land Court (2019) 399 Aotea MB 138 (399 AOT 138)

12 April 2019

Application to succeed to the deceased's estate adjourned for two months in order for the applicant to seek legal advice. Failing that, the application for succession will be granted in terms of intestacy.

Download Hallet - Succession to Sheryl Marie Te Moana (297 KB PDF). read more

Trusts – trustee duties – court directions sought by responsible trustee – Hemana

Hemana - Rotopounamu 1B3A2C

Māori Land Court (2019) 77 Tākitimu MB 220 (77 TKT 220)

15 August 2019

Application for directions granted. The Court was satisfied that the approach by Mr Hemana was legitimate and in the best interests of the beneficial owners. The Court directed Mr Hemana to take the appropriate steps in gauging the views of the owners.

Download Hemana - Rotopounamu 1B3A2C (380 KB PDF). read more

Trusts – trustee duties – resignation – orders removing trustees – indemnity – Witana

Witana v Tau - Omapere Taraire E

(2019) 191 Taitokerau MB 1 (191 TTK 1)

11 June 2019

Two applications seeking trustee removal and a reimbursement order for the costs of holding a second special general meeting. The Court found that there had been a breach of trustee duty sufficient to warrant removal for one trustee but not the other. The Court found that the costs incurred from the second special general meeting should be indemnified from the trust fund. The Court removed one of the majority trustees as the only trustee of the majority who made a clear and unequivocal statement as to resignation.

Download Witana v Tau - Omapere Taraire E (535 KB PDF).
read more

Succession – house ownership – not owned by whānau trust – excluded from vesting – Herewini

Herewini - Te Tii Mangonui A3

Māori Land Court (2019) 192 Taitokerau MB 170 (192 TTK 170)

27 June 2019

Application sought to determine that the Rapine and Rangimarie Herewini Whānau Trust owns a house situated on Te Tii Mangonui A3. The Court determined that the house was not owned by the Whānau Trust but by the estate of Rangimarie Herewini. The interests in Te Tii Mangonui A3 were excluded from the original vesting of the deceased's interests in the Whānau Trust.

Download Herewini - Te Tii Mangonui A3 (282 KB PDF).

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Succession – de facto partner – intestate – claim falls within High Court jurisdiction – Carmont

Carmont - Estate of El-Alamein Harawira 

Māori Land Court (2019) 195 Taitokerau MB 103 (195 TTK 103)

6 August 2019

Application seeking a life interest in the deceased's estate declined; an order cannot be made where the claim falls within the jurisdiction of the High Court.

Download Carmont - Estate of El-Alamein Harawira (71 KB PDF).

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Partition – declined – reasonable alternatives – impractical to partition – Kahukiwa

Kahukiwa v Ross - Waikite No 3A

Māori Land Court (2019) 217 Waiāriki MB 68 (217 WAR 68)

6 August 2019

Application seeking a partition order to allow the whānau to utilise their share of the land and facilitate the building of their own thermal bath for whānau use. Dismissed. While there was sufficient notice and support for the application, the partition of the land was not necessary and there were more appropriate alternatives.  Partition would also be highly impractical requiring partial demolition of buildings located on the land.

Download Kahukiwa v Ross - Waikite No 3A (283 KB PDF). read more

Partition – declined – occupation order reasonable alternative – Angell

Angell - Part Nukuroa 2A3C2 and Lot 2 DP37299 

Māori Land Court (2019) 198 Taitokerau MB 231 (198 TTK 231)

22 August 2019

Three applications seeking a combined partition of the applicants’ interests in land blocks dismissed. The Court was not satisfied that the proposed partitions were necessary to facilitate the effective operation, development and utilisation of the land. Moreover, the Court considered that occupation orders were a reasonable alternative to facilitate the occupation of the land.

Download Angell - Part Nukuroa 2A3C2 and Lot 2 DP37299 (447 KB PDF). read more

Easement – regularising existing situation – Mangatawa

Committee of Management of Mangatawa Papamoa Blocks Inc - Asher Block Lot C

Māori Land Court (2019) 187 Waikato Maniapoto MB 67 (187 WMN 67)

19 September 2019

Oral decision granting an easement in favour of the Tauranga City Council against blocks of land owned by Mangatawa Papamoa Blocks Incorporated.

Download Committee of Management of Mangatawa Papamoa Blocks Inc - Asher Block Lot C (539 KB PDF).

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Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019

The Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019 provides a range of mechanisms intended to give legal expression, protection, and recognition of the continued exercise of mana by ngā hapū o Ngāti Porou in relation to the common marine and coastal area within the rohe of Ngāti Porou. Carwyn Jones and Te Kooanga Awatere-Reedy review the Act.

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Waitangi Tribunal procedure – urgent inquiry declined – failure to meet criteria – alternate remedies – Ngāti Hinerangi

Decision on applications for an urgent hearing

Waitangi Tribunal (Wai 2578, #2.5.19; Wai 2693, #2.5.11; Wai 2886, #2.5.3)

21 August 2019

A decision on an application for an urgent inquiry in relation to the Ngāti Hinerangi Deed of Settlement. Application declined as the criteria for urgency was not met.

Download  Decision on applications for an urgent hearing (623 KB) read more

Waitangi Tribunal procedure – urgent inquiry declined – failure to meet criteria – no further developments – Ngati Rehua-Ngatiwai ki Aotea

Decision on applications for an urgent hearing

Waitangi Tribunal (Wai 2556, #2.5.7; Wai 2576, #2.5.7)

17 July 2019

A decision on an application for an urgent hearing into the Crown's settlement negotiations with the Ngati Rehua-Ngatiwai ki Aotea Trust Board. Application declined due to a failure to meet the Tribunal's criteria for urgent inquiries.

Download  Decision on applications for an urgent hearing (1643 KB) read more