Occupation orders – order made where majority owner found to be acting oppressively – Bhana v Paniora

Bhana v Paniora - Wairau North 1B2C

Māori Land Court (2013) 69 Taitokerau MB 139 (69 TTK 139)

1 November 2013

Application for an occupation order. The applicant was a minority owner in the land and the application was opposed by the majority owner. The Court granted the order after finding the majority owner was acting in an oppressive manner.

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Occupation orders – Court declined to cancel occupation orders – Hemi

Hemi - Te Pupuke E1G1A

Māori Land Court (2013) 60 Taitokerau MB 151 (60 TTK 151)

12 June 2013

Application to cancel occupation orders. The applicants applied to have their occupation orders cancelled and replaced by occupation licences in the hopes that this would decrease their rates liability. The Court declined to cancel the orders.

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Occupation orders – orders to trust land cannot be granted without consent of trustee – Goldsmith

Goldsmith - Marangairoa C12

Māori Land Court (2012) 27 Waiariki MB 40 (27 WAR 40)

23 November 2012

Application for an occupation order over land administered as an ahu whenua trust. The consent of the Māori Trustee, as the responsible trustee, had previously been given but was later withdrawn. The Court could not grant the application without the consent of the Māori Trustee. Application dismissed.

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Partition, occupation orders, charging orders – Kingi Collier

Kingi Collier - Torere 50B2

Māori Land Court (2012) 66 Waiariki MB 196 (66 WAR 196)

22 November 2012

Applications for a partition order, an occupation order and a charging order. The partition order was conditionally granted in 1987 but the application was dismissed by the Court due to the unreasonable delay in meeting the conditions. The charging order was also dismissed. The application for an occupation order was granted, conditional on the applicant completing a site plan and obtaining written consents from 70% of the owners.

Download Kingi Collier - Torere 50B2 (4703 KB PDF) here. read more

Occupation orders – granted after owners declined an ahu whenua trust – Mohinui 3B2B

Mohinui 3B2B

Māori Land Court (2011) 27 Taitokerau MB 136 (27 TTK 136)

21 September 2011

Applications for occupation orders. The applications were previously adjourned after the Court suggested the establishment of an ahu whenua trust to allocate areas of land to different owners. The owners did not support the establishment of a trust. Accordingly, both applications were granted.

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Occupation orders – competing applications – Gough

Gough - Pataua 4B

Māori Land Court (2011) 19 Taitokerau MB 1 (19 TTK 1)

12 April 2011

Competing application for occupation orders. Applications adjourned where the Court suggested the parties should develop a land use plan to be incorporated into an ahu whenua trust order.

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Partition, occupation orders – occupation order granted, partition not necessary – Kelly

Kelly - Mimitu Ruarei 13A

Māori Land Court (2011) 18 Taitokerau MB 45 (18 TTK 45)

18 March 2011

The applicant had previously applied for an occupation order but the application was adjourned (so that she could file an application for partition) as the other owners were opposed. The partition application was not granted as there was insufficient support for it and it was considered unnecessary. The Court was prepared to grant an occupation order, provided the applicant's son consented to the particular site chosen for the order.

Download Kelly - Mimitu Ruarei 13A (130 KB PDF) here. read more

Occupation orders – contested applications – Tautari

Tautari - Mohinui 3B2B

Māori Land Court (2011) 18 Taitokerau MB 6 (18 TTK 6)

16 March 2011

Competing applications for an occupation order. The Court found that both applicants consulted with the owners and had received a sufficient degree of support. However, the Court considered it was only necessary to grant an occupation order to one of the applicants. Rather than grant the second order, the Court suggested the owners establish an ahu whenua trust to allocate areas of land to different groups of owners. The applications were adjourned for a meeting of owners to discuss the Court's suggestions.

Download Tautari - Mohinui 3B2B (150 KB PDF) here. read more

Occupation orders – Hickmott

Hickmott - Torere Section 11

Māori Land Court (2010) 17 Waiariki MB 35 (17 WAR 35)

14 October 2010

Application for an occupation order. The Court confirmed the application and also granted an easement to ensure the applicant had access to the site.

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