Alienation – proposed mortgage contravened Te Ture Whenua Māori Act and breached statutory trust – Sanders v King

Sanders v King - Part Parish of Whangape Lot 15B and Parish of Whangape Lot 15C (Urupā)

Māori Land Court (2014) 81 Waikato Maniapoto MB 109 (81 WMN 109)

11 July 2014

Confirmation of alienation by way of mortgage refused. Despite the repeal of the Court's discretion to refuse to confirm in ss 153 and 154 of Te Ture Whenua Māori Act 1993, the Court must not rubber stamp every instrument of alienation that satisfies s 152. The Court has an ongoing ability to refuse to grant confirmation of alienation where the proposed alienation contravenes the Act.

Download Sanders v King - Part Parish of Whangape Lot 15B and Parish of Whangape Lot 15C (Urupā) here (218 KB PDF). read more

Alienation – sale of undivided interests outside of the preferred class of alienees prohibited – Loach v Bidois

Loach v Bidois - Matarikoriko No 7B2A

Māori Land Court (2013) 312 Aotea MB 195 (312 AOT 195)

29 November 2013

Application for confirmation of alienation dismissed. An entire block may be alienated outside of the preferred class once the right of first refusal to members of the preferred class of alienees has been given. But in the case of a proposed sale of undivided interests, the legislation prohibits vesting outside of the owners, their whānau and hapū.

Download Loach v Bidois - Matarikoriko No 7B2A  here (164 KB PDF). read more

Chief Judge’s powers – transfer order based on outdated valuation cancelled – Welsh

Welsh - Taiharuru 4C3

Māori Land Court [2012] Chief Judge's MB 398 (2012 CJ 398)

20 September 2012

Successful application to cancel orders trasferring shares from the applicant's father, Milton Welsh, to his nephew, Revel Neal. Court had used outdated valuations of the shares and had not required the alienor to be present or to provide an affidavit confirming the transfer.

Download Welsh - Taiharuru 4C3 here (186 KB PDF). read more

Alienation and status of land – alienation not contrary to Te Ture Whenua Māori Act 1993, change to General land to facilitate sale appropriate – Manning

Manning - Kirikiri Pawhaoa B2A1

Māori Appellate Court [2011] Māori Appellate Court MB 215 (2011 APPEAL 215)

13 April 2011

Successful appeal from decision of the Māori Land Court dismissing an application to confirm orders of the High Court regarding sale of Māori freehold land. MAC stated that the High Court decision was persuasive but not binding on the MLC. Where sale arose from agreement of the beneficiaries and not by virtue of testamentary powers, the sale was not contrary to Te Ture Whenua Māori Act 1993. The sale was not in breach of trust. Application to change status to General land granted. While it was acknowledged that such change was sought to facilitate a sale, the change of status would lead to more effective management and utilisation of the land.

Download Manning - Kirikiri Pawhaoa B2A1 [2011] Māori Appellate Court MB 215 (2011 APPEAL 215) here (203 KB PDF). read more

Alienation and status of land – change to General land will rationalise commercial operations – The Proprietors of Potikirua Incorporation

The Proprietors of Potikirua Incorporation - Part Te Piki 2

Māori Land Court (2008) 103 Ōpōtiki MB 17 (103 OPO 17)

19 June 2008

Application for confirmation of alienation abandoned due to Incorporation's inability to satisfy the requirements of consultation and support. Application amended to seek change of status from Māori freehold land to General land. Court determined that this would rationalise the commercial operations on the land and lead to better management and utilisation of the land.

Download The Proprietors of Potikirua Incorporation - Part Te Piki 2 here (2.3 MB PDF). read more

Alienation – right of first refusal must not be unjustifiably restricted – Taueki

Taueki - Horowhenua XIB 41 North A3A and 3B1

Māori Appellate Court (2008) 16 Aotea Appellate MB 30 (16 WGAP 30)

17 March 2008

Unsuccessful appeal by Vivienne Taueki against orders of the Māori Land Court confirming the sale of Māori freehold land. Confirmation orders nevertheless revoked due to a lack of jurisdiction by the lower Court to make such orders given procedural inadequacies of the sale process by the vendors. Preferred class of alienees must be given a practical and reasonable amount of time to exercise their right of first refusal.

Download Taueki - Horowhenua XIB 41 North A3A and 3B1 here (10.9 MB PDF). read more

Status of land and alienation – change to General land will not lead to more effective management and utilisation – MacDonald

MacDonald - Oraka 4A2

Māori Land Court (2006) 111 Wairoa MB 32 (111 WR 32)

24 February 2006

Application to change the status of land and for confirmation of alienation of Māori freehold land dismissed. There was no evidence that the change of status would enable the land to be used more effectively as General land. Sale could be confirmed if parties were willing to proceed with the sale of land as Māori freehold land.

Download MacDonald - Oraka 4A2 (2006) 111 Wairoa MB 32 (111 WR 32) (337 KB PDF) here. read more

Alienation and status of land – sufficient notice of desire to exercise right of first refusal – Collins

Collins v Te Whaiti - Kehemane Reserve 2A1 

Māori Appellate Court (2005) 14 Tākitimu Appellate MB 42 (14 ACTK 42)

28 October 2005

Unsuccessful appeal against a decision of the Māori Land Court dismissing an application for confirmation of sale of Kehemane Reserve 2A1 and an application for a change of status of the land from Māori freehold land to General land. The preferred class of alienees (PCA) gave sufficient notice of a desire to exercise their right of first refusal.

Download Collins v Te Whaiti - Kehemane Reserve 2A1 (2005) 14 Tākitimu Appellate MB 42 (14 ACTK 42) here (1.2 MB PDF).

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Alienation – Court has no jurisdiction to impose extra requirements – Ferris

Ferris - Nuhiti M10

Māori Land Court (2004) 157 Gisborne MB 253 (157 GIS 253)

25 March 2004

Confirmation of alienation by way of sale to a purchaser outside the preferred class of alienees granted. All requirements of Part 8 of Te Ture Whenua Māori Act 1993 had been complied with and the Court has no jurisdiction to impose extra requirements.

Download Ferris - Nuhiti M10 here (691 KB PDF). read more

Alienation – confirmation of lease refused where consideration inadequate and application filed out of time – Carroll

Carroll - Waipuka 2R3

Māori Land Court (2003) 174 Napier MB 71 (174 NA 71)

11 November 2003

Application for confirmation of lease refused. Applicants had filed the application nearly two years out of time. Consideration under the lease was inadequate so the Court was not required to grant confirmation pursuant to s 152 of Te Ture Whenua Māori Act 1993.

Download Carroll - Waipuka 2R3 here (1.42 MB PDF). read more

Alienation – assignment of lease prior to 2002 merely requires application for noting – Dyer

Dyer - Tautara 5B3

Māori Land Court (2003) 273 Rotorua MB 219 (273 ROT 219)

16 June 2003

Assignment of lease dated prior to 1 July 2002 merely requires application for noting. Amendments to Te Ture Whenua Māori Act 1993 which came into force on 1 July 2002 require that assignments of leases must be confirmed by the Court.

Download Dyer - Tautara 5B3 here (199 KB PDF). read more

Alienation and jurisdiction – alienation includes virtually every form of disposition of land – Trustees of the Will of Pukepuke Tangiora v Hastings District Council

Trustees of the Will of Pukepuke Tangiora v Hastings District Council - Waipuka 3B1C2

Māori Appellate Court (2002) 13 Tākitimu Appellate MB 217 (13 ACTK 217)

18 December 2002

Appeal against a decision of the Māori Land Court finding that the Court had jurisdiction to rule on alienation dismissed. The definition of alienation in Te Ture Whenua Māori Act 1993 is very broad and covers virtually every form of disposition of land. Any party may bring an application for confirmation of alienation and the Court is entitled to rule on it.

Download Trustees of the Will of Pukepuke Tangiora v Hastings District Council - Waipuka 3B1C2 here (3.4 MB PDF). read more

Alienation – lease for purpose of development confirmed – Ngatai

Ngatai - Matakana 1A7A

Māori Land Court (2002) 71 Tauranga MB 23 (71 T 23)

6 December 2002

A resolution to lease land to an owner's son for 20 years was confirmed by the Court. The land had not been developed over the last decade and the proposed lease would ensure that the land was developed into high quality dairy pasture. Judge Carter modified the lease, inserting clauses relating to papakainga and a covenant relating to development.

Download Ngatai - Matakana 1A7A here (1.47 MB PDF). read more

Alienation – Court must not usurp rights of owners – O’Neill v Hawira

O'Neill v Hawira - Parapara 2B2F

Māori Appellate Court (2002) 15 Aotea Appellate MB 33 (15 WGAP 33)

10 January 2002

Partially successful appeal against a decision of the Māori Land Court confirming a resolution to lease the land to Thomas Turama Hawira and dismissing an application to constitute an ahu whenua trust. The Court cannot usurp the right of owners and confirm a resolution under s 155 of Te Ture Whenua Māori Act 1993 if no such resolution was passed.

Download O'Neill v Hawira - Parapara 2B2F (2002) 15 Aotea Appellate MB 33 (15 WGAP 33) here (1.82 MB PDF). read more

Alienation and status of land – no change to General land where inadequate notice of application given to preferred class of alienees – Ferris v Ferris

Ferris v Ferris - Nuhiti M21

Māori Appellate Court (2001) 34 Tairāwhiti Appellate MB 52 (34 APGS 52)

15 October 2001

Successful appeal  against a decision of the Māori Land Court granting a change of status from Māori freehold land to General land. The appellant had failed to comply with requirements as to procedure and notice. The preferred class of alienees had not been afforded sufficient opportunity to be heard by the Māori Land Court.

Download Ferris v Ferris - Nuhiti M21 (2001) 34 Tairāwhiti Appellate MB 52 (34 APGS 52) here (1.78 MB PDF). read more