Injunction – no evidence of actual or potential breach of trustee duties – Smith v The Māori Trustee

Smith v The Māori Trustee - Waipaoa 5A2 Block

Māori Land Court (2014) 44 Tairāwhiti MB 104 (44 TRW 104)

24 December 2014

Application for an injunction dismissed. The applicant was concerned about the actions of the Māori Trustee in leasing the Waipaoa 5A2 Block. There was no evidence of actual or potential breach of trustee duties by the Māori trustee or of risk to the trust.

Download Smith v The Māori Trustee - Waipaoa 5A2 Block here. read more

Injunction – no equitable relief where applicant arbitrarily refused to engage in processes – Trustees of Maungatautari 4G Section IV Block v Maungatautari Ecological Island Trust

Trustees of Maungatautari 4G Section IV Block v Maungatautari Ecological Island Trust - Maungatautari 4G Section IV Block

Māori Land Court (2014) 90 Waikato Maniapoto MB 291 (90 WMN 291)

16 December 2014

Injunctive relief refused due to the applicant's failure to engage in the processes outlined in an easement instrument.

Download Trustees of Maungatautari 4G Section IV Block v Maungatautari Ecological Island Trust - Maungatautari 4G Section IV Block here (183 KB PDF). read more

Title and occupation – recovery of possession, permanent injunction and compensation – Trustees of Ihaka Whaanga Whānau Trust v Whaanga

Trustees of Ihaka Whaanga Whānau Trust v Whaanga - Town Section 90 Mahia and Town Section 91 Mahia

Māori Land Court (2014) 42 Tairāwhiti MB 292 (42 TRW 292)

9 October 2014

Successful application for orders granting return of land wrongfully occupied, a permanent injunction against the respondent, and various other orders relating to compensation and payment of rates and rental in arrears.

Download Trustees of Ihaka Whaanga Whānau Trust v Whaanga - Town Section 90 Mahia and Town Section 91 Mahia here (201 KB PDF). read more

Injunction – preliminary determination of ownership of dwelling – Akura Lands Trust v Te Whata

Akura Lands Trust v Te Whata - Akura 1C 3B 2

Māori Land Court (2014) 29 Tākitimu MB 199 (29 TKT 199)

5 March 2014

Preliminary determination of ownership of a dwelling on Trust property. Succession and other matters were left to be determined at a later date.

Download Akura Lands Trust v Te Whata - Akura 1C 3B 2 here (132 KB PDF). read more

Injunction – Court will not interfere where trust acts in accordance with trust order – Taueki v Horowhenua Sailing Club Limited

Taueki v Horowhenua Sailing Club Limited - Horowhenua (11) Lake

Māori Land Court (2013) 304 Aotea MB 288 (304 AOT 288)

12 July 2013

Application for injunction dismissed. The Court will not interfere when a trust is acting in accordance with its trust order and the general principles of trust law.

Download Taueki v Horowhenua Sailing Club Limited - Horowhenua (11) Lake here (129 KB PDF). read more

Injunction – order sought did not align with injunction provisions of Te Ture Whenua Māori Act 1993 – Albert

Albert - Lake Waikaremoana

Māori Land Court (2013) 74 Waiariki MB 276 (74 WAR 276)

7 May 2013

Application to delay voting dismissed. The order sought fell outside the provisions of Te Ture Whenua Māori Act 1993.

Download Albert - Lake Waikaremoana here (104 KB PDF). read more

Injunction – application adjourned to allow for more information to be provided – Taueki v Horowhenua District Council

Taueki v Horowhenua District Council - Horowhenua (11) Lake

Māori Land Court (2013) 298 Aotea MB 263 (298 AOT 263)

28 February 2013

Interim decision of Judge Harvey adjourning an application for an injunction.

Download Taueki v Horowhenua District Council - Horowhenua (11) Lake here (190 KB PDF). read more

Injunction – application dismissed by consent – Horton v Māori Trustee

Horton v Māori Trustee - Awarua 3D3 No 12B and Awarua 3D3 No 13

Māori Land Court (2013) 297 Aotea MB 178 (297 AOT 178)

14 February 2013

Application for injunction dismissed by consent. The parties had reached a sensible outcome and had agreed upon terms.

Download Horton v Māori Trustee - Awarua 3D3 No 12B and Awarua 3D3 No 13 here (101 KB PDF). read more

Injunction – no serious question to be tried – Orbell v Rowallan Block XIII Section 1 and 5 Ahu Whenua Trusts

Orbell v Rowallan Block XIII Section 1 and 5 Ahu Whenua Trusts - Rowallan Block XIII Section 1 and 5 Ahu Whenua Trusts

Māori Land Court (2012) 16 Te Waipounamu MB 53 (16 TWP 53)

18 December 2012

Application for injunction preventing the distribution of capital dismissed.

Download Orbell v Rowallan Block XIII Section 1 and 5 Ahu Whenua Trusts here (577 KB PDF). read more

Injunction – interference with tangihanga would not be in the interests of justice – Malcolm-Davies

Malcolm-Davies - Ngararatunua A2B3C and A2B3D

Māori Land Court (2012) 39 Taitokerau MB 293 (39 TTK 293)

4 May 2012

Application for injunction preventing a burial dismissed. This was a matter more appropriately dealt with as a matter of tikanga at the marae.

Download Malcolm-Davies - Ngararatunua A2B3C and A2B3D here (89 KB PDF). read more

Injunction – trustees’ application to remove occupant refused – The Trustees of Oweta 4B v Riki

The Trustees of Oweta 4B v Riki - Oweta 4B

Māori Land Court (2012) 21 Tairāwhiti MB 190 (21 TRW 190)

23 April 2012

Application by the trustees of Oweta 4B for an injunction to remove Mr Riki from the land dismissed.

Download The Trustees of Oweta 4B v Riki - Oweta 4B here (165 KB PDF). read more

Injunction – order sought was a blunt instrument and not appropriate – Trustees of Horina Nepia and Te Hiwi Piahana Whānau Trust v Tahamata Incorporation

Trustees of Horina Nepia and Te Hiwi Piahana Whānau Trust v Tahamata Incorporation - Tahamata Incorporation

Māori Land Court (2011) 274 Aotea MB 203 (274 AOT 203)

18 November 2011

Application for an injunction preventing the Tahamata Incorporation dealing with certain shares was adjourned on the basis that an injunction was not appropriate.

Download Trustees of Horina Nepia and Te Hiwi Piahana Whānau Trust v Tahamata Incorporation here (105 KB PDF). read more

Injunction – cancellation of interim injunction – Te Pairi v Whakatane District Council

Te Pairi v Whakatane District Council - Omuriwaka and Tahora 2AD2

Māori Land Court (2011) 38 Waiariki MB 116 (38 WAR 116)

2 September 2011

Interim injunction cancelled. The results of an independent survey were the same as those of another survey commissioned by the Whakatane District Council. This ended a dispute over a boundary.

Download Te Pairi v Whakatane District Council - Omuriwaka and Tahora 2AD2 here (45 KB PDF). read more

Injunction – occupant ordered to vacate – Peters v Eruera

Peters v Eruera - Kaikoura No 4

Māori Land Court (2011) 40 Waiāriki MB 206 (40 WAR 206)

27 September 2011

Injunction granted prohibiting the occupant and his family from occupying the property or entering onto trust land.

Download Peters v Eruera - Kaikoura No 4 here (131 KB PDF). read more

Injunction – respondents to remove encroaching structures – Pue v Tapatu

Pue v Tapatu - Okawa A1B

Māori Land Court (2011) 268 Aotea MB 93 (268 AOT 93)

8 July 2011

Injunction granted requiring the respondents to remove encroaching structures from the applicant's land. Registrar directed to take steps to prosecute one respondent for contempt of Court.

Download Pue v Tapatu - Okawa A1B here (165 KB PDF). read more

Injunction – respondents acting in accordance with District Court orders – Reeves v Gardiner

Reeves v Gardiner - Waikawa Village Section 15C

Māori Land Court (2011) 7 Te Waipounamu MB 39 (7 TWP 39)

25 January 2011

Application for injunction dismissed. In disposing of felled timber, the respondents were acting in accordance with orders of the District Court.

Download Reeves v Gardiner - Waikawa Village Section 15C here (94 KB PDF). read more

Injunction – trustees restrained from administering or managing the trust – Hunia v Skerrit-White

Hunia v Skerrit-White - Kawerau A8D

Māori Land Court (2010) 22 Waiāriki MB 92 (22 WAR 92)

20 December 2010

Injunction granted preventing the trustees from taking any steps in the administration or management of the trust. Evidence suggested all trustees had breached the trust order.

Download Hunia v Skerrit-White - Kawerau A8D here (87 KB PDF). read more

Injunction – applicant had right of access but nothing more – Yates v Te Kohanga Lots 1 and 3-27 Trust

Yates v Te Kohanga Lots 1 and 3-27 Trust - Te Kohanga Lots 1 and 3-27

Māori Land Court (2010) 13 Taitokerau MB 36 (13 TTK 36)

24 November 2010

Judge Ambler determined that Lot 1 at Te Kohanga had been set aside as a "public reserve (roadway)". The applicant had a right of access but did not have the right to modify the land.

Download Yates v Te Kohanga Lots 1 and 3-27 Trust - Te Kohanga Lots 1 and 3-27 here (104 KB PDF). read more