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

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 – extent of change must be proportionate to the objective – Craig v Kira

Craig v Kira - Wainui 2F4D

Māori Appellate Court (2006) 7 Taitokerau Appellate MB 1 (7 APWH 1)

2 November 2006

Partially successful appeal from a Māori Land Court decision dismissing an application for change of status to General land for the purpose of sale. A change of status would enable more effective utilisation and management, the land having been un-utilised for 60 years. In order to balance the interests of the preferred class of alienees the change of status should only be sought in relation to land which, once sold, would provide sufficient funds for the development of the remaining land.

Download Craig v Kira - Wainui 2F4D (2006) 7 Taitokerau Appellate MB 1 (7 APWH 1) (2.2 MB 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 – 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