Control over whānau taonga

Jones v Wickliffe

High Court [2012] NZHC 1960

7 August 2012

The parties disputed who had rights to possession of two kakahu (feather cloaks) as whānau taonga (treasured family heirlooms).  The Court dismissed the defendant’s application to strike out the plaintiff’s claim that she was entitled to possession of the kakahu.

Download Jones v Wickliffe [2012] NZHC 1960 here (99KB PDF). read more

Traditional ownership of taonga tūturu found at Plimmerton beach

Chief Executive, Ministry for Culture and Heritage – Taonga Tūturu found at Plimmerton

Māori Land Court (2012) 283 Aotea MB 166 (283 AOT 166)

4 May 2012

The Chief Executive of the Ministry for Culture and Heritage applied for a determination of competing claims to the actual or traditional ownership of a pounamu heitiki (a carved greenstone pendant) found on Plimmerton beach (section 12(1)(b) of the Protected Objects Act 1975).  The beach lies within the traditional rohe (tribal region) of Ngāti Toa Rangatira. The Court held that although it was impossible to ascertain actual ownership of the object, traditional ownership lies with Ngāti Toa. The Court declined the finder’s request for ownership of the heitiki during his lifetime.

Download Chief Executive, Ministry for Culture and Heritage – Taonga Tūturu found at Plimmerton (2012) 283 Aotea MB 166 here (202 KB PDF). read more

Protected objects – traditional ownership of taonga tūturu found in Oruaiti river

Chief Executive Ministry for Culture and Heritage

17 Taitokerau MB 277

18 November 2010

The Chief Executive of the Ministry for Culture and Heritage applied for a determination of a claim to the actual or traditional ownership of a waka tiwai (small dugout canoe) found in the Oruaiti river near Mangonui, Northland (section 12(1)(b) of the Protected Objects Act 1975).  The river lies within the traditional rohe (tribal region) of Te Matarahurahu hapū (sub-tribe). The original application lodged by hapū members was for a determination that the traditional ownership of the waka belongs to the Kenana-Te Ranginui Marae Trust. The Court ordered instead that the traditional ownership of the taonga tūturu be vested in Te Matarahurahu hapū, while vesting of the object for safekeeping and preservation was granted to the Marae Trust as trustees on behalf of the hapū.   read more