Whiringa-ā-nuku 2019 October – Contents

Te Kōti Pīra Māori – Māori Appellate Court

Costs - awarded in light of special aid - special aid different from legal aid regime - Taueki v Horowhenua 11 (Lake) Māori Reservation Trust [2019] Māori Appellate Court MB 652 (2019 APPEAL 652) - Sam Taylor

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

Injunction - permanent injunction granted - trespass - Brown v Robson - Pukepoto No 8B No 12 (2019) 192 Taitokerau MB 177 (192 TTK 177) - Sam Taylor

Procedure - strike out - restraint on meritless proceedings premature - Karena v Steedman - Te Koau A (2019) 76 Tākitimu MB 183 (76 TKT 183) - Sam Taylor

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

Chief Judge's powers - occupation order amended - Johanson v Williams - Tokaipuritia Williams [2019] Chief Judge's MB 995 (2019 CJ 995) - Reto Blattner de-Vries

Special aid fund - refused - need for valuation and surveyor not "special" in partition application - Matchitt - Te Kaha 65 (2019) 215 Waiariki MB 204 (215 WAR 204) - Sam Taylor

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

Partition - refused - reasonable alternative available - shareholding insufficient for area sought - Takotohiwi - Rangitaiki Parish 28B 18A 1 (2019) 212 Waiariki MB 142 (212 WAR 142) - Sam Taylor

Partition - granted - sufficient notice - high degree of support - best overall use and development - independence - Bloor v Griggs - Ngapuketurua 6C2B Te Maipi 7C No 7C and Te Maipi 7C No 2 Blocks (2019) 80 Takitimu MB 152 (80 TKT 152) - Sam Taylor

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

Succession - inconsistency between will and written instructions - will clear - interests vested equally - McLeod v McIver - Succession to Harai McIver (2019) 401 Aotea MB 58 (401 AOT 58) - Sam Taylor

Trusts - removal of trustee - vote of no confidence insufficient - Amaru v Dickinson - Puketapu 3C7B1 (2019) 399 Aotea MB 202 (399 AOT 202) - Sam Taylor

Trusts - trustee removal - resignation - McGregor v McGregor - John Henry McGregor and Pirihia Maraenui Tapine Whānau Trust (2019) 402 Aotea MB 281 (402 AOT 281) - Sam Taylor

Trusts - whānau trust - partial termination dismissed - lack of support - detriment - no evidence of trustee breach - Watene v Hemi - Aramiro and Section 1 Survey Office Plan 61863 (2019) 181 Waikato Maniapoto MB 21 (181 WMN 21) - Sam Taylor

Incorporations - meeting procedure - postponed - proxies - nominations - Matchitt v Patchell - Torere 64 Incorporation (2019) 212 Waiariki MB 155 (212 WAR 155) - Sam Taylor

Māori Reservations - trustee appointment - election process criticised - Otimi v Fa'uhiva - Hauhungaroa 1A3 (2019) 401 Aotea MB 102 (401 AOT 102) - Sam Taylor

2019 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Māori rights in water - stage two of the National Freshwater and Geothermal Resources Claim (Wai 2358, 2019) - Toni Love

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

Ngā Whakaturetanga - Legislation

Te Ture Whenua Māori (Succession, Dispute Resolution, and Related Matters) Amendment Bill - introduction - Craig Linkhorn

Print version

Download the Māori Law Review October 2019 (477 KB PDF)

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.


Costs – awarded in light of special aid – special aid different from legal aid regime – Taueki

Taueki v Horowhenua 11 (Lake) Māori Reservation Trust

Māori Appellate Court [2019] Māori Appellate Court MB 652 (2019 APPEAL 652)

29 October 2019

A judgment determining whether costs should be awarded to the Second Respondent given that the Appellant was in receipt of special aid. The exceptional circumstances test laid out in section 45 of the Legal Services Act 2011 does not apply where the unsuccessful party is in receipt of Māori Land Court special aid.

Download Taueki v Horowhenua 11 (Lake) Māori Reservation Trust (296 KB PDF). read more

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 – strike out – restraint on meritless proceedings premature – Karena

Karena v Steedman - Te Koau A

Māori Land Court (2019) 76 Tākitimu MB 183 (76 TKT 183)

21 June 2019

Strike out granted in response to an application seeking review of trust and trustee removal. However, the trustees' application seeking restraint orders for meritless litigation were refused as premature.

Download Karena v Steedman - Te Koau A (484 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).

read more

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

Partition – refused – reasonable alternative available – shareholding insufficient for area sought – Takotohiwi

Takotohiwi - Rangitaiki Parish 28B 18A 1

Māori Land Court (2019) 212 Waiariki MB 142 (212 WAR 142)

20 May 2019

Application for partition dismissed. The applicant sought to partition whānau trust shares from the Rangitaiki Parish 28B 18A 1 & Rangitaiki 29S 2B 2B 3F1 (Aggregated) block. Despite the applicant having the support of the beneficiaries and of the trustees of the ahu whenua trust that administers the Block, a partition was not necessary as there were reasonable alternatives available.

Download Takotohiwi - Rangitaiki Parish 28B 18A 1(290 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

Chief Judge’s powers – occupation order amended – Johanson

Johanson v Williams - Tokaipuritia Williams

Māori Land Court [2019] Chief Judge's MB 995 (2019 CJ 995)

13 September 2019

Application seeking review or cancellation of orders granting an occupation order granted in part.  While there was an error in the Court record regarding the occupation order, there was no error regarding the vesting orders.

Download Johanson v Williams - Tokaipuritia Williams (538 KB PDF). read more

Māori rights in water – stage two of the National Freshwater and Geothermal Resources Claim

The Stage 2 Report on the National Freshwater and Geothermal Resources Claim

Waitangi Tribunal (Wai 2358, 27 August 2019, pre-publication version)

The Waitangi Tribunal has released its report on the second stage of its inquiry into claims about national freshwater and geothermal resources.

Download The Stage 2 Report on the National Freshwater and Geothermal Resources Claim (5.04 MB 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

Partition – granted – sufficient notice – high degree of support – best overall use and development – independence – Bloor

Bloor v Griggs - Ngapuketurua 6C2B Te Maipi 7C No 7C and Te Maipi 7C No 2 Blocks

Māori Land Court (2019) 80 Takitimu MB 152 (80 TKT 152)

30 October 2019

An oral decision granting, with conditions, an application to partition land.

Download Bloor v Griggs - Ngapuketurua 6C2B Te Maipi 7C No 7C and Te Maipi 7C No 2 Blocks (162 KB PDF). read more

Incorporations – meeting procedure – postponed – proxies – nominations – Matchitt

Matchitt v Patchell - Torere 64 Incorporation

Māori Land Court (2019) 212 Waiariki MB 155 (212 WAR 155)

20 May 2019

Application seeking directions from the Court on meeting procedure for an upcoming annual meeting for the Torere 64 Incorporation.

Download Matchitt v Patchell - Torere 64 Incorporation (298 KB PDF). read more

Trusts – removal of trustee – vote of no confidence insufficient – Amaru

Amaru v Dickinson - Puketapu 3C7B1

Māori Land Court (2019) 399 Aotea MB 202 (399 AOT 202)

29 April 2019

Application to appoint four trustees to the Puketapu 3C7B1 Reservation Trust and to remove one trustee. The Court appointed the four trustees but dismissed the application to remove one of the trustees, noting that there was insufficient evidence to warrant removal.

Download Amaru v Dickinson - Puketapu 3C7B1 (263 KB PDF). read more

Trusts – whānau trust – partial termination dismissed – lack of support – detriment – no evidence of trustee breach – Watene

Watene v Hemi - Aramiro and Section 1 Survey Office Plan 61863

Māori Land Court (2019) 181 Waikato Maniapoto MB 21 (181 WMN 21)

7 June 2019

An application to partially terminate the Phyllis May Watene Whānau Trust was dismissed. There was a lack of support for the application, insufficient evidence regarding trustees failing in their duties, and potential detriment to the Trust.

Download Watene v Hemi - Aramiro and Section 1 Survey Office Plan 61863 (422 KB PDF). read more

Succession – inconsistency between will and written instructions – will clear – interests vested equally – McLeod

McLeod v McIver - Succession to Harai McIver

Māori Land Court (2019) 401 Aotea MB 58 (401 AOT 58)

11 June 2019

An application for succession to the deceased's interests in accordance with her will and a hand-written note. There was an inconsistency between the deceased's will and her written instructions regarding her shares in the Wainui No 2B Sec 1 Block. The Court considered the will to be clear and unambiguous and as such, it vested the deceased's interests in all of her children equally.

Download McLeod v McIver - Succession to Harai McIver (310 KB PDF). read more

Māori Reservations – trustee appointment – election process criticised – Otimi

Otimi v Fa'uhiva - Hauhungaroa 1A3

Māori Land Court (2019) 401 Aotea MB 102 (401 AOT 102)

20 June 2019

In the course of determining an application to appoint trustees, the Court considered submissions about the election process for trustees for Poukura Marae. The two primary concerns related to the integrity of the vote due to insufficient voting forms and the absence of procedures to determine whether individuals voting were beneficiaries. The Court found that the election was conducted appropriately and the court had no function in the circumstances to determine the membership of the hapū. The trustees elected from the meeting were appointed.

Download Otimi v Fa'uhiva - Hauhungaroa 1A3 (382 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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Special aid fund – refused – need for valuation and surveyor not “special” in partition application – Matchitt

Matchitt - Te Kaha 65

Māori Land Court (2019) 215 Waiariki MB 204 (215 WAR 204)

27 June 2019

Application for funding from the Court's Special Aid fund refused. Sought for counsel costs and for an expert valuer and surveyor. The case was not too distinguishable from other partition applications where a grant of special aid was not required to complete the court process.

Download Matchitt - Te Kaha 65 (299 KB PDF). read more

Injunctions – permanent injunction granted – trespass – Brown

Brown v Robson - Pukepoto No 8B No 12

Māori Land Court (2019) 192 Taitokerau MB 177 (192 TTK 177)

27 June 2019

An application seeking a permanent injunction against the respondent to vacate Pukepoto No 8 No 12, Pukepoto 8B4B, and Pukepoto 8B4A blocks granted. The whānau trust applying had standing to exclude others from the land if consent to occupy was not granted.

Download Brown v Robson - Pukepoto No 8B No 12 (273 KB PDF). read more

Trusts – trustee removal – resignation – McGregor

McGregor v McGregor - John Henry McGregor and Pirihia Maraenui Tapine Whānau Trust 

Māori Land Court (2019) 402 Aotea MB 281 (402 AOT 281)

17 July 2019

An application seeking the removal of two trustees for failing to meet their duties as responsible trustees. The Court afforded those two trustees an opportunity to resign within 10 working days.

Download McGregor v McGregor - John Henry McGregor and Pirihia Maraenui Tapine Whānau Trust (260 KB PDF). read more

Te Ture Whenua Māori (Succession, Dispute Resolution, and Related Matters) Amendment Bill – introduction

Targeted amendments to Te Ture Whenua Māori Act 1993 have been proposed. The Bill's clauses address succession, dispute resolution, changes to the powers exercised by the Māori Land Court as well as extensions to the Court's ability to award housing tenure to occupiers of Māori land. read more

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