Whiringa-ā-nuku 2019 October – Contents

Te Kōti Pīra Māori – Māori Appellate Court

Ownership - estate assets - house a fixture - rehearing ordered - Tihi v Nuku - Ruatoki B Sections 23, 25, 26B, 27, 31, 32, 33B2C2, 38 and 79 and Ruatoki C Sections 11, 12, 15, 17, 18B2, 21, 22B, 23 [2019] Māori Appellate Court MB 531 (2019 APPEAL 531) - Te Kooanga Awatere-Reedy

Procedure - resolution by consent - conditional partition order - matter referred back on technical issues - Clark v Trustees of Opehuia Whānau trust - Kapenga A No 5 [2019] Māori Appellate Court MB 361 (2019 APPEAL 361) - Reto Blattner de-Vries

2019 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Injunction - no jurisdiction - general land - no trust - Kidwell v Karaitana - Waipuka 3A3A (2019) 78 Tākitimu MB 7 (78 TKT 7) - Craig Linkhorn

Chief Judge's powers - amendment of succession and whānau trust order - error of fact - Phillips - Estate of Edith Iritana Phillips [2019] Chief Judge’s MB 981 (CJ MB 981) - Te Kooanga Awatere-Reedy

Chief Judge's powers - clear and unambiguous statement to gift - no constructive trust - Cotter v Cotter - Tutaekuri B13 [2019] Chief Judge's MB 951 (2019 CJ 951) - Reto Blattner de-Vries

Alienation - sale to close whānau - no opposition - Williams - Matapouri 45 Block (2019) 199 Taitokerau MB 286 (199 TTK 286) - Te Kooanga Awatere-Reedy

Alienation - share transfer - capacity - Nikora - 1 D2 Parish (2019) 185 Waikato Maniapoto MB 129 (185 WMN 129) - Reto Blattner de-Vries

Succession - rehearing declined - on-going applications - Hutana - Estate of Te Whe Ariki Hutana (2019) 58 Te Waipounamu MB 78 (58 TWP 78) - Te Kooanga Awatere-Reedy

2019 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Waitangi Tribunal procedure - urgent inquiry declined - alternate remedies - ambiguity in representation - Ngāti Whātua Deed of Settlement (Wai 1308, #2.56; Wai 745, #2.197) - Meredith Clement

Student Editor 2020

We are recruiting for our student editor role in 2020. Applications close on 22 November 2019. Go here for details.

Sir Edward Taihakurei Durie student essay competition 2019

Rhianna Morar is the winner of the 2019 Sir Edward Taihakurei Durie student essay competition sponsored by the Māori Law Review. Her essay, about the Courts' interpretative approach to tikanga Māori will be published in the February 2020 issue of the Review.


Ownership – estate assets – house a fixture – rehearing ordered – Tihi

Tihi v Nuku - Ruatoki B Sections 23, 25, 26B, 27, 31, 32, 33B2C2, 38 and 79 and Ruatoki C Sections 11, 12, 15, 17, 18B2, 21, 22B, 23 

Māori Appellate Court [2019] Māori Appellate Court MB 531 (2019 APPEAL 531)

26 September 2019

Appeal from an order determining ownership of a house. The Court quashed the lower court's order and ordered a rehearing. The executors had no rights at law to sell the house to meet the debt incurred by one of the executors.

Download Tihi v Nuku - Ruatoki B Sections 23, 25, 26B, 27, 31, 32, 33B2C2, 38 and 79 and Ruatoki C Sections 11, 12, 15, 17, 18B2, 21, 22B, 23 (229 KB PDF). read more

Procedure – resolution by consent – conditional partition order – matter referred back on technical issues – Clark

Clark v Trustees of Opehuia Whānau trust - Kapenga A No 5

[2019] Māori Appellate Court MB 361 (2019 APPEAL 361)

19 July 2019

The Court issued a preliminary partition order after it was satisfied that the parties had reached an appropriate compromise. The matter was referred back to the Māori Land Court to undertake matters relating to the partition order.

Download Clark v Trustees of Opehuia Whānau trust - Kapenga A No 5 (209 KB PDF).

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Injunction – no jurisdiction – general land – no trust – Kidwell

Kidwell v Karaitana - Waipuka 3A3A 

Māori Land Court (2019) 78 Tākitimu MB 7 (78 TKT 7)

30 August 2019

Application seeking an injunction to remove occupiers of land. Application dismissed for lack of jurisdiction. An injunction was not available in the circumstances. The land was not administered by trustees so the issues were not covered by Part 12 of Te Ture Whenua Māori Act 1993.

Download Kidwell v Karaitana - Waipuka 3A3A (272 KB PDF).

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Alienation – share transfer – capacity – Nikora

Nikora - 1 D2 Parish

Māori Land Court (2019) 185 Waikato Maniapoto MB 129 (185 WMN 129)

24 September 2019

Application for an order to vest a transfer of shares dismissed. The Court found that the applicant did not have the mental capacity to agree to a transfer of shares to her son or, alternatively, she no longer consented to such a transfer.

Download Nikora - 1 D2 Parish (465 KB PDF) read more

Alienation – sale to close whānau – no opposition – Williams

Williams - Matapouri 45 Block

Māori Land Court (2019) 199 Taitokerau MB 286 (199 TTK 286)

10 September 2019

Two applications seeking to vest interests by way of sale granted. The Court found that there was no opposition to the proposed transfer, written consents had been provided by the adult children of one of the owners, and the land was being transferred to close whānau.

Download Williams - Matapouri 45 Block (257 KB PDF). read more

Succession – rehearing declined – on-going applications – Hutana

Hutana - Estate of Te Whe Ariki Hutana

Māori Land Court (2019) 58 Te Waipounamu MB 78 (58 TWP 78)

23 August 2019

Application for rehearing declined. The Court found that a number of the issues raised by the applicant were part of on-going applications before the Court. Other issues concerned the merits of the decision and therefore should be dealt with on appeal.

Download Hutana - Estate of Te Whe Ariki Hutana (94 KB PDF) read more

Chief Judge’s powers – amendment of succession and whānau trust order – error of fact – Phillips

Phillips - Estate of Edith Iritana Phillips 

Māori Land Court [2019] Chief Judge’s MB 981 (2019 CJ 981)

12 September 2019

Application to amend a succession and whānau trust order granted. The Court found that there was an error of fact concerning mental capacity and resulting competency to sign a deed of arrangement.

Download Phillips - Estate of Edith Iritana Phillips (335 KB PDF) read more

Chief Judge’s powers – clear and unambiguous statement to gift – no constructive trust – Cotter

Cotter v Cotter - Tutaekuri B13 

Māori Land Court [2019] Chief Judge's MB 951 (2019 CJ 951)

6 September 2019

Application seeking to cancel a vesting order concerning Tutaekuri B13 declined. The Court found that the vesting of shares was clearly a gift. No constructive trust existed as the evidence did not establish there was unjust enrichment or unconscionable conduct on the part of the transferees.

Download Cotter v Cotter - Tutaekuri B13 (471 KB PDF).

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Waitangi Tribunal procedure – urgent inquiry declined- alternate remedies – ambiguity in representation – Ngāti Whātua Deed of Settlement

Decision on applications for an urgent hearing.

Waitangi Tribunal (Wai 1308, #2.56; Wai 745, #2.197)

13 Mahuru (September) 2019

A decision on an application for an urgent inquiry in relation to the Crown's actions in settlement negotiations with Te Rūnanga o Ngāti Whātua. Application declined.

Download Decision on applications for an urgent hearing (816 KB). read more