Estate of Ross Glencairn Hovell
Māori Land Court (2012) 25 Tairawhiti MB 258 (25 TRW 258)
5 October 2012
A child legally adopted out of the whānau remains a person who may be left an interest in Māori freehold land within the meaning of s 108 Te Ture Whenua Māori Act 1993.
Download Estate of Ross Glencairn Hovell (2012) 25 Tairawhiti MB 258 here (85KB PDF). read more
Kameta v Nicholas
Court of Appeal [2012] NZCA 350
3 August 2012
A will maker can dispose of a beneficial interest in Māori freehold land to specified classes of people only. One is persons who are both related by blood to the testator and a member of the hapū associated with the land (s 108(2) Te Ture Whenua Māori Act 1993). The Court of Appeal held that although it is a question of degree, a whakapapa connection within the hapū associated with the land satisfies the statutory requirement to be “related by blood” to a will maker.
The Māori Appellate Court’s collective knowledge of tikanga and specialist expertise means it enjoys a particular advantage in determining questions of fact that the Court of Appeal will respect.
Download Kameta v Nicholas [2012] NZCA 350 here (217 KB PDF). read more
