Status of land – change from Māori freehold land to general land – Swanson

Swanson - Waotu South C No 6B 

Māori Land Court (2014) 110 Waiariki MB 187 (110 WAR 187)

22 December 2014

Application refused for change of status from Māori freehold land to general land.

Download Swanson - Waotu South C No 6B here (236 KB PDF).

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Status of land – no change to General land to facilitate sale – Skudder

Skudder - Tahorakuri A No 1 Sec 8B and Lot 1 DP South Auckland 63822

Māori Land Court (2014) 109 Waiariki MB 203 (109 WAR 203)

5 December 2014

Application for a change of status from Māori freehold land to General land to facilitate sale refused. There was no evidence to show that the land would be more effectively managed or utilised as General land.

Download Skudder - Tahorakuri A No 1 Sec 8B and Lot 1 DP South Auckland 63822  here (10.9 MB PDF). read more

Status of land – status as Māori freehold land not a hindrance to securing finance – Johnson

Johnson - Wairau North 8A

Māori Land Court (2012) 48 Taitokerau MB 217 (48 TTK 217)

2 October 2012

Application to change status from Māori freehold land to General land dismissed. Applicants did not provide evidence to show that status as Māori freehold land was a hindrance to securing finance and there was no proposal for the use of the land that was hindered by its current status.

Download Johnson - Wairau North 8A (2012) 48 Taitokerau MB 217 (68 KB PDF) here. read more

Status of land – changing the status of Māori freehold land – Warin and Jensen (2011) 30 TTK 37

Warin and Jensen, re Whangaruru Whakaturia 4 Lot 32 DP 126453 (Part)

(2011) 30 Taitokerau MB 37 (30 TTK 37)

14 November 2011

This decision addresses the statutory criteria for considering whether land can be managed or utilised more effectively as General land than Māori land. The change of status application was refused. The land at issue remains Māori freehold land.

Download Warin and Jensen, re Whangaruru Whakaturia 4 Lot 32 DP 126453 (Part) (2011) 30 Taitokerau MB 37 (30 TTK 37) here (250KB PDF). read more

Status of land – ownership determined, title irregularities addressed – Cooper-Nathan

Cooper- Nathan - Motatau 5A2A2

Māori Land Court (2011) 22 Taitokerau MB 177 (22 TTK 177)

10 June 2011

Irregularities in title information discovered when an application was filed to change the status of land. Ownership determined and orders issued to address irregularities in title information.

Download Cooper- Nathan - Motatau 5A2A2 (2011) 22 Taitokerau MB 177 (22 TTK 177) here (106 KB PDF). read more

Alienation and status of land – alienation not contrary to Te Ture Whenua Māori Act 1993, change to General land to facilitate sale appropriate – Manning

Manning - Kirikiri Pawhaoa B2A1

Māori Appellate Court [2011] Māori Appellate Court MB 215 (2011 APPEAL 215)

13 April 2011

Successful appeal from decision of the Māori Land Court dismissing an application to confirm orders of the High Court regarding sale of Māori freehold land. MAC stated that the High Court decision was persuasive but not binding on the MLC. Where sale arose from agreement of the beneficiaries and not by virtue of testamentary powers, the sale was not contrary to Te Ture Whenua Māori Act 1993. The sale was not in breach of trust. Application to change status to General land granted. While it was acknowledged that such change was sought to facilitate a sale, the change of status would lead to more effective management and utilisation of the land.

Download Manning - Kirikiri Pawhaoa B2A1 [2011] Māori Appellate Court MB 215 (2011 APPEAL 215) here (203 KB PDF). read more

Alienation and status of land – change to General land will rationalise commercial operations – The Proprietors of Potikirua Incorporation

The Proprietors of Potikirua Incorporation - Part Te Piki 2

Māori Land Court (2008) 103 Ōpōtiki MB 17 (103 OPO 17)

19 June 2008

Application for confirmation of alienation abandoned due to Incorporation's inability to satisfy the requirements of consultation and support. Application amended to seek change of status from Māori freehold land to General land. Court determined that this would rationalise the commercial operations on the land and lead to better management and utilisation of the land.

Download The Proprietors of Potikirua Incorporation - Part Te Piki 2 here (2.3 MB PDF). read more

Status of land – successful appeal against condition on sale and refusal to grant change of status – Property Ventures Ltd

Property Ventures Limited v Parata - Ngarara West B3B

Māori Appellate Court (2007) 16 Aotea Appellate MB 1 (16 WGAP 1)

20 August 2007

Successful appeal overturning the imposition of a condition upon the sale of Māori freehold land and the refusal to grant an order changing the status to General land. Registration of the transfer as a condition of sale only protects the purchaser and cannot have been contemplated by Te Ture Whenua Māori Act 1993. The change of status would, in the circumstances, lead to more effective management of the land.

Download Property Ventures Limited v Parata - Ngarara West B3B (2007) 16 Aotea Appellate MB 1 (16 WGAP 1) here (1.5 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

Status of land and alienation – change to General land will not lead to more effective management and utilisation – MacDonald

MacDonald - Oraka 4A2

Māori Land Court (2006) 111 Wairoa MB 32 (111 WR 32)

24 February 2006

Application to change the status of land and for confirmation of alienation of Māori freehold land dismissed. There was no evidence that the change of status would enable the land to be used more effectively as General land. Sale could be confirmed if parties were willing to proceed with the sale of land as Māori freehold land.

Download MacDonald - Oraka 4A2 (2006) 111 Wairoa MB 32 (111 WR 32) (337 KB 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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Status of land – no change to General land for the purpose of securing finance – Davies

Davies - Orokawa 3B Lot 14

Māori Appellate Court (2005) 6 Taitokerau Appellate MB 240 (6 APWH 240)

11 April 2005

Unsuccessful appeal from decision of the Māori Land Court dismissing an application to change the status from Māori freehold land to General land. Change in status would not lead to more effective management and utilisation and may actually hinder proposed developments.

Download Davies - Orokawa 3B Lot 14 (2005) 6 Taitokerau Appellate MB 240 (6 APWH 240) here (488 KB PDF). read more

Status of land – no change to General land, obstacles do not arise from Māori freehold status – Whitfield and Sons Ltd

Whitfield and Sons Ltd - Omahu 4C6

Māori Appellate Court (2004) 14 Tākitimu Appellate MB 1 (14 ACTK 1)

10 December 2004

Unsuccessful appeal against a decision of the Māori Land Court dismissing an application for a change of status from Māori freehold land to General land. Insufficient evidence that the obstacles to good management and utilisation arose from its status as Māori freehold land.

Download Whitfield and Sons Ltd - Omahu 4C6 (2004) 14 Tākitimu Appellate MB 1 (14 ACTK 1) here (341 KB PDF). read more

Status of land – failure to take into account relevant considerations – Regeling

Regeling - Orokawa 3B Lots 4, 7 and 8

Māori Appellate Court (2004) 6 Whangarei Appellate MB 157 (6 APWH 157)

30 June 2004

Successful appeal against Māori Land Court decision refusing to change the status of the land from Māori freehold land to General land. Case remitted to the lower Court for rehearing. Lower Court Judge had failed to take into account the Appellant's circumstances and had considered irrelevant matters.

Download Regeling - Orokawa 3B Lots 4, 7 and 8 (2004) 6 Whangarei Appellate MB 157 (6 APWH 157) here (648 KB PDF). read more

Status of land – change to General land not more effective – Phillips

Phillips - Oromahoe 17B1 and 17B2
Māori Appellate Court (2003) 6 Whangarei Appellate MB 84 (6 APWH 84)

18 February 2003

Successful appeal against a Māori Land Court decision granting orders to change the status of land from Māori freehold land to General land. The change of status would not lead to more effective management and utilisation of the land. It was not enough that a change in status would put an end to arguments between whānau members.

Download Phillips - Oromahoe 17B1 and 17B2 (2003) 6 Whangarei Appellate MB 84 (6 APWH 84) here (322 KB PDF). read more

Alienation and status of land – no change to General land where inadequate notice of application given to preferred class of alienees – Ferris v Ferris

Ferris v Ferris - Nuhiti M21

Māori Appellate Court (2001) 34 Tairāwhiti Appellate MB 52 (34 APGS 52)

15 October 2001

Successful appeal  against a decision of the Māori Land Court granting a change of status from Māori freehold land to General land. The appellant had failed to comply with requirements as to procedure and notice. The preferred class of alienees had not been afforded sufficient opportunity to be heard by the Māori Land Court.

Download Ferris v Ferris - Nuhiti M21 (2001) 34 Tairāwhiti Appellate MB 52 (34 APGS 52) here (1.78 MB PDF). 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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Status of land and jurisdiction – challenge to claim in adverse possession – Whaanga

Whaanga - Mahia Township Sections 90 and 91

Māori Appellate Court (2000) 34 Tairāwhiti Appellate MB 12 (34 APGS 12)

24 February 2000

Appeal against a decision by the Māori Land Court changing the status of land from General land to Māori freehold land and making determinations as to succession to the interests of the late Ihaka Whaanga. Appeal in respect of the status issue dismissed. There was no breach of natural justice or failure to consider certain submissions. Succession Order set aside due to jurisdictional errors of the lower Court.

Download  Whaanga - Mahia Township Sections 90 and 91 (2000) 34 Tairāwhiti Appellate MB 12 (34 APGS 12) here (1.87 MB PDF).

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Status of land – Māori Land Court able to question Crown’s reasoning – Ngati Rarua Iwi Trust

Ngati Rarua Iwi Trust v Minister in Charge of  Treaty of Waitangi Negotiations and others - Section 38 Wairau West

Māori Appellate Court (1999) 4 Te Waipounamu Appellate MB 292 (4 APTW 292)

26 October 1999

Successful appeal against a decision of the Māori Land Court changing the status of the land from Crown land to Māori freehold land and vesting it in Te Runanga a Rangitane o Wairau Incorporated. Court should have adjourned to make fuller enquiries as to entitlement. It was appropriate for the Court to question the reasoning of the Crown in identifying the entitled group.

Download  Ngati Rarua Iwi Trust v Minister in Charge of  Treaty of Waitangi Negotiations and others - Section 38 Wairau West (1999) 4 Te Waipounamu Appellate MB 292 (4 APTW 292) here (1.46 MB PDF). read more

Status of Land – change to General land will not lead to more effective management and utilisation – Cleave

Cleave – Part Orokawa 3B

Māori Appellate Court (1995) 4 Taitokerau Appellate Court MB 95 (4 APWH 49)

22 May 1995

Unsuccessful appeal against a refusal of the Māori Land Court to change the status of a block of Māori freehold land to General land under ss 135 and 136 of Te Ture Whenua Māori Act 199. It could not be demonstrated that the land would be more effectively managed and utilised as General land.

Download Cleave – Part Orokawa 3B (1995) 4 Taitokerau Appellate Court MB 95 (4 APWH 49) here (19 KB PDF). read more

Status of land and registration of transfer documents – Court failed to consider equitable interests – McCann

McCann - Waipuka 3B1B1 and 3B1B2B1C2A 

Māori Appellate Court (1993) 11 Tākitimu Appellate MB 2 (11 ACTK 2)

17 November 1993

Successful appeal against a decision of the Māori Land Court determining Wilfrid James Lennon to be the owner of the land in question notwithstanding subsequent transactions registered in the Land Transfer Office and other documentation. Appellants had acquired equitable interests via a transfer to them in 1979. Determination of the lower Court revoked and the Appellants declared to be owners as tenants in common in equal shares.

Download  McCann - Waipuka 3B1B1 and 3B1B2B1C2A here (2.01 MB PDF). read more