Chief Judge’s powers – erroneous exclusion from succession – MacFarlane

MacFarlane v Trustees of the K & T MacFarlane Whānau Trust

Māori Land Court [2014] Chief Judge's MB 127 (2014 CJ 127)

25 March 2014

Successful application for exercise of Chief Judge's powers to amend succession orders that erroneously excluded the applicant's father from succession to his mother's interests.

Download MacFarlane v Trustees of the K & T MacFarlane Whānau Trust here (162 KB PDF). read more

Chief Judge’s powers – succession to Tītī Islands confined to blood descendants – Coote

Coote - Titi Islands

Māori Land Court [2013] Chief Judge's MB 1018 (2013 CJ 1018)

6 December 2013

Orders vesting interests in Tītī islands in legally adopted children cancelled. Succession to the islands is determined not by the general law of intestacy but in accordance with Māori custom. Rakiura custom holds that only those related by blood may succeed.

Download Coote - Titi Islands here (242 KB PDF). read more

Chief Judge’s powers – erroneous vesting of life interest – Heke v Heke

Heke v Heke - Estate of James Heke

Māori Land Court [2013] Chief Judge's MB 996 (2013 CJ 996)

22 November 2013

Chief Judge's powers used to revoke orders of the Māori Land Court granting a life interest in Adeline Heke over all the lands in question. She was entitled only to a life interest in the house block.

Download Heke v Heke - Estate of James Heke here (205 KB PDF). read more

Chief Judge’s powers – legal adoption does not sever blood connection to land – Anderson

Anderson - Estate of Paul Anderson

Māori Land Court [2013] Chief Judge's MB 783 (2013 CJ 783)

8 October 2013

Successful application to amend succession orders that erroneously excluded daughter from succession to the interests of her father. Neither the Adoption Act 1955 nor Te Ture Whenua Māori Act 1993 sever a person's connection to the land. Children adopted out are still able to succeed to interests in Māori land.

Download Anderson - Estate of Paul Anderson here  (168 KB PDF). read more

Succession by whāngai

Edgecombe - Succession to Taiāwhio Waaka also known as Kelly Waaka

Māori Land Court (2012) 19 Takitimu MB 165 (19 TKT 165)

16 October 2012

The applicants were found to be whāngai children to the deceased. The first applicant was not entitled to succeed to the deceased's Māori land interests. The second applicant was entitled to succeed to a life interest in those lands.

Download Edgecombe - Succession to Taiāwhio Waaka also known as Kelly Waaka (2012) 19 Takitimu MB 165 here (260KB PDF). read more