Partition – hybrid partition for all owners – Heta

Heta - Taiharuru 4C3B

Māori Land Court (2014) 88 Taitokerau MB 136 (88 TTK 136)

3 October 2014

Application for partition order. The Court had previously adjourned the application so that the owners could discuss the possibility of a hybrid partition. This was agreed to by the owners. The application was again adjourned so that orders giving effect to the hybrid partition could be drafted.

Download Heta - Taiharuru 4C3B (115 KB PDF) here.

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Partition – declined – insufficient support and unnecessary – Melrose

Melrose – Torere Section 64 Incorporation

Māori Land Court (2014) 94 Waiariki MB 28 (94 WAR 28)

17 April 2014

Application for a partition order. The application was filed in 2001 and there has been a history of oppostion to it. Application dismissed as the Court was not satisfied the partition was sufficiently supported or necessary.

Download Melrose – Torere Section 64 Incorporation (94 KB PDF) here. read more

Māori reservation – insufficient support for partition – Taniora

Taniora - Te Koutu Mourea Māori Reservation

Māori Land Court (2014) 91 Waiariki MB 173 (91 WAR 173)

6 March 2014

The applicants sought to have one acre excluded from Te Koutu Mourea Māori Reservation and to have it partitioned and vested in Erana Waiomio. While there was support for the exclusion, there was insufficient support for the partition. There was also a lack of evidence to demonstrate that the partition would facilitate better utilisation and development of the land.

Download Taniora - Te Koutu Mourea Māori Reservation here (154 KB PDF). read more

Partition – application dismissed following flawed consultation process – Pure

Pure - Ahipara 1B2B

Māori Land Court (2013) 69 Taitokerau MB 109 (69 TTK 109)

28 November 2013

Application for partition. Ms Pure wanted to partition her share of whānau land following a dispute. Application dismissed as there had not been sufficient notice of the application or sufficient opportunity to discuss it. Further, the Court was not certain that there was sufficient support for the proposal and it was not necessary to facilitate the effective operation, development and utilisation of the land.

Download Pure - Ahipara 1B2B (118 KB PDF) here. read more

Partition – insufficient support and unnecessary – Arama

Arama - Whatitiri 13B2B2

Māori Land Court (2013) 16 Taitokerau MB 158 (16 TTK 158)

28 November 2013

Application for partition. The applicants wanted to partition their share in the land so it could be leased in conjunction with their other whānau land. Application dismissed as there was insufficient support for the proposal and it was not necessary to facilitate the effective operation, development and utilisation of the land.

Download Arama - Whatitiri 13B2B2 (115 KB PDF) here. read more

Partition – Tohiariki

Tohiariki – Section 1F No 2 Parish of Katikati

Māori Land Court (2013) 54 Waikato Maniapoto MB 31 (54 WMN 31)

21 March 2013

Application for partition. Application dismissed where there was not a sufficient degree of support for the application; the proposed partition would not effect an alienation of land by gift; and the proposal was not necessary to facilitate the effective operation, development or utilisation of the land.

Download Tohiariki – Section 1F No 2 Parish of Katikati (223 KB PDF) here. read more

Partition – order not granted where parties could not agree to scheme plans – Matchitt

Matchitt - Te Kaha 65

Māori Land Court (2012) 65 Waiariki MB 120 (65 WAR 120)

6 November 2012

Application for hapū partition. All owners supported the idea of partitioning the land but there was a dispute over how to divide the land equitably. The Court dismissed the application, stating that the partition order should not be granted until the parties reach an agreement over how to divide the block.

Download Matchitt - Te Kaha 65 (130 KB PDF) here. read more

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

Chief Judge’s powers not a rehearing or appeal jurisdiction – Ruka

Ruka - Taheke 23A

Māori Land Court [2012] Chief Judge's MB 416

6 September 2012

Application seeking amendment of a partition order dismissed. The applicant wished to relitigate issues already considered by the Māori Land Court and the Māori Appellate Court. The Chief Judge's powers cannot be used to circumvent the proper rehearing or appeals process.

Download Ruka - Taheke 23A here  (192KB PDF). read more

Partition – insufficient evidence to assess whether requirements met – Wilson

Wilson - Waiwakaiho H2B

Māori Land Court (2012) 288 Aotea MB 63 (28 AOT 63)

3 August 2012

Application for partition order. Application dismissed where there was insufficient evidence for the Court to determine whether the applicant had satisfied the requirements necessary for an order to be made.

Download Wilson - Waiwakaiho H2B (186 KB PDF) here. read more

Partition – not reasonably necessary – Whaanga

Whaanga - Anewa

Māori Land Court (2012) 22 Tairawhiti MB 167 (22 TRW 167)

5 June 2012

Application for partition order. Application dismissed as the Court considered the partition was not necessary to facilitate the effective operation, development and utilisation of the land.

Download Whaanga - Anewa (238 KB PDF) here. read more

Partition – order granted where application filed because of bank policy – Te Puni

Te Puni - Ngawhakatutu A11A1

Māori Land Court (2012) 20 Tairawhiti MB 232 (20 TRW 232)

28 February 2012

Application for partition order. Mr Te Puni applied for a partition order as Westpac was unwilling to approve his application for loan finance unless his interest in the land was partitioned. The Court granted the partition order, noting the Bank's policy reflected a misunderstanding of Te Ture Whenua Māori Act 1993.

Download Te Puni - Ngawhakatutu A11A1 (217 KB PDF) here. read more

Partition – lower Court erred in its approach – Whaanga

Whaanga v Niania - Anewa Block

Māori Appellate Court [2011] 2011 Maori Appellate Court MB 428 (2011 APPEAL 428)

19 August 2011

Appeal from a decision of the lower court concerning an application for partition order. The lower Court was found to have erred in its approach to the assessment of sufficiency of support.

Download Whaanga v Niania - Anewa Block (307 KB PDF) here. read more

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

Partition – insufficient support – Whaanga

Whaanga - Anewa Trust

Māori Land Court (2010) 11 Tairawhiti MB 46 (11 TRW 46)

14 December 2010

Application for partition order. Application dismissed where the Court considered the applicants had been unable to obtain a sufficient level of support.

Download Whaanga - Anewa Trust (116 KB PDF) here. read more

Partition, easement – sufficiency of support – Rogers

Rogers v Stirling - Taungaure No.2

Māori Land Court (2010) 21 Waiariki MB 105 (21 WAR 105)

17 December 2010

Applications for a partition order and an easement. Mrs Stirling sought a partition order for a site along the coast. The Court found that there was not a sufficient degree of support among the owners for a partition along the coast, but that the other owners did support a partition being granted over a different site. The application for an easement failed as it was dependent on the proposed partition being granted.

Download Rogers v Stirling - Taungaure No.2 (204 KB PDF) here. read more

Partition – decision of the lower Court upheld – Hammond

Hammond - Whangawehi 1B3H1

Māori Appellate Court (2007) 34 Gisborne Appellate MB 185 (34 APGS 185)

5 December 2007

Appeal against a decision of the lower Court dismissing an application for partition order. The Appellate Court upheld the decision of the lower Court, agreeing that there were reasonable alternatives to partition.

Download Hammond - Whangawehi 1B3H1 (974 KB PDF) here. read more

Jurisdiction, partition and status of land – Māori Land Court had no jurisdiction to consider applications – Hakiwai v Collier

Hakiwai v Collier - Omahu 2M3

Māori Appellate Court (2001) 13 Tākitimu Appellate MB 164 (13 ACTK 164)

24 May 2001

Successful appeal against the decision of the Māori land Court granting orders to change the status and partition the land in question. The land was General land until a status order was registered against the title. Therefore the Māori Land Court had no jurisdiction to consider the applications for partition.

Download Hakiwai v Collier - Omahu 2M3 (2001) 13 Tākitimu Appellate MB 164 (13 ACTK 164) here (4.39 MB PDF).

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