Road at Papaaroha – possession orders to remove occupiers – Henare v Thames Coromandel District Council

Henare v Thames Coromandel District Council

High Court, Hamilton (CIV-2010-419-1487)

29 September and 11 November 2011

Thames Coromandel District Council obtained possession orders from the District Court in October 2010 over an area of roadway leading to a beach at Papaaroha on the Coromandel Colville Road. The orders were sought to remove a group of persons occupying the site in support of their belief that the land remained Māori land.

Those in occupation vacated the land but appealed to the High Court. Miller J dismissed their appeal in September 2011.

The unsuccessful appellants then sought leave from the High Court to appeal to the Court of Appeal from that judgment. Miller J refused to grant the leave sought on 11 November 2011.

Download Henare v Thames Coromandel District Council (29 September 2011) and Henare v Thames Coromandel District Council (11 November 2011) here (248 KB PDF and 62 KB PDF). read more

Chief Judge’s powers – standard of proof, delay, indefeasibility and implied trusts – Tau v Ngā Whānau o Morven and Glenavy

Tau v Ngā Whānau o Morven and Glenavy - Waihao 903 Section IX Block

Māori Appellate Court [2010] Māori Appellate Court MB 167 (2010 APPEAL 167)

20 May 2010

Unsuccessful appeal against the decision of Deputy Chief Judge Isaac to cancel and amend succession orders made by the Court in 1971. The Appellate Court determined that the civil standard of proof is applied in decisions of the Māori Land and Appellate Courts as well as those of the Chief Judge. The Land Transfer Act and the doctrine of indefeasibility do not preclude claims that a registered proprietor holds on trust. The equitable doctrine of laches does not apply to the Chief Judge's statutory jurisdiction under s 45 of Te Ture Whenua Māori Act 1993 although delay is a relevant consideration.

Download Tau v Ngā Whānau o Morven and Glenavy - Waihao 903 Section IX Block here (267 KB PDF). read more