Paenga-whāwhā 2020 April – Contents

Te Kōti Matua – High Court

Judicial review - interim order - interested party status - memorialised land remedies - Mercury NZ Ltd v Waitangi Tribunal [2020] NZHC 598 - Craig Linkhorn

Te Kōti Pīra Māori – Māori Appellate Court

2020 Māori Appellate Court judgments - index

2019 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Costs - 80% awarded - applicants acted unreasonably -Stewart v Eru - Succession to Teressa Ivor Silcock (2020) 200 Waikato Maniapoto MB 184 (200 WMN 184) - Kelly Mitchell

Costs - order for partial costs - recalled decision - Austen - Okahu 4D and other blocks (2020) 209 Taitokerau MB 150 (209 TTK 150-157) - Kelly Mitchell

Succession - ownership of fixture - transmission by survivorship - Kake - Estate of Aldyth Isabel Kake (2020) 209 Taitokerau MB 134 (209 TTK 134-148) - Kelly Mitchell

Partition - ownership of dwelling - both applications dismissed - no support from other owners - Atutahi - Ototoika A14 Block (2020) 201 Waikato Maniapoto MB 153 (201 WMN 153) - Sam Taylor

Trusts - trustee appointment - insufficient notice of election - issue of trusteeship not clear - Wharerau v Wade - Whakarewarewa Lot 29 Block (Wāhiao Meeting House) (2020) 232 Waiariki MB 44 (232 WAR 44) - Kelly Mitchell

2020 Māori Land Court judgments - index

2019 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Waitangi Tribunal procedure - urgent inquiry declined - Lake Horowhenua (Wai 2898, #2.5.2) - Meredith Clement


Judicial review – interim order – interested party status – memorialised land remedies – Mercury NZ

Mercury NZ Ltd v Waitangi Tribunal

High Court [2020] NZHC 598

23 March 2020

The High Court refused to make an interim order while the applicant's substantive judicial review case was determined. The interim order was sought to prevent the Waitangi Tribunal from issuing an initial determination of decisions on applications for resumption of memorialised properties.

Download Mercury NZ Ltd v Waitangi Tribunal (212 KB PDF). read more

Partition – ownership of dwelling – both applications dismissed – no support from other owners – Atutahi

Atutahi - Ototoika A14 Block

Māori Land Court (2020) 201 Waikato Maniapoto MB 153 (201 WMN 153)

7 April 2020

Applications for partition and for an order declaring that the applicant was the owner of a dwelling located on the Ototoika A14 Block dismissed. There was insufficient owner support and no evidence it was necessary for the effective operation, development and utilisation of land. The applicant had no ownership rights in the dwelling.

Download Atutahi - Ototoika A14 Block (286 KB PDF) (when available) read more

Costs – order for partial costs – recalled decision – Austen

Austen - Okahu 4D and other blocks 

Māori Land Court (2020) 209 Taitokerau MB 150 (209 TTK 150-157)

18 March 2020

Award of 50% of costs incurred. The context involved a decision to recall the original judgment.

Download Austen - Okahu 4D and other blocks (187 KB PDF) when available.

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Costs – 80% awarded – applicants acted unreasonably – Stewart

Stewart v Eru - Succession to Teressa Ivor Silcock  

Māori Land Court (2020) 200 Waikato Maniapoto MB 184 (200 WMN 184)

12 March 2020

Application for costs following a withdrawn succession application.  Award of 80% of incurred costs. The applicants acted unreasonably during the application process.

Download Stewart v Eru - Succession to Teressa Ivor Silcock  (265 KB PDF).

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Succession – ownership of fixture – transmission by survivorship – Kake

Kake - Estate of Aldyth Isabel Kake

Māori Land Court (2020) 209 Taitokerau MB 134 (209 TTK 134-148)

18 March 2020

Applications to determine ownership of a house along with succession and cancellation or amendment of an occupation order.

Download Kake - Estate of Aldyth Isabel Kake (234 KB PDF) when available.

read more

Trusts – trustee appointment – insufficient notice of election – issue of trusteeship not clear – Wharerau 

Wharerau v Wade - Whakarewarewa Lot 29 Block (Wāhiao Meeting House) 

Māori Land Court (2020) 232 Waiariki MB 44 (232 WAR 44)

20 March 2020

Application seeking to replace the trustees of Wāhiao Marae (Whakarewarewa Lot 29 Māori Reservation) following elections held at the annual meeting. The Court dismissed the application. There was insufficient notice and it was not clear enough that an election of trustees was to be held at the annual meeting.

Download Wharerau v Wade - Whakarewarewa Lot 29 Block (Wāhiao Meeting House) (229 KB PDF).

read more