Māori Law Review

Māori Appellate Court

Chief Judge’s powers – standard of proof, delay, indefeasibility and implied trusts – Tau v Ngā Whānau o Morven and Glenavy - Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167

Tau v Ngā Whānau o Morven and Glenavy - Waihao 903 Section IX Block

Māori Appellate Court [2010] Māori Appellate Court MB 167 (2010 APPEAL 167)

20 May 2010

Unsuccessful appeal against the decision of Deputy Chief Judge Isaac to cancel and amend succession orders made by the Court in 1971. The Appellate Court determined that the civil standard of proof is applied in decisions of the Māori Land and Appellate Courts as well as those of the Chief Judge. The Land Transfer Act and the doctrine of indefeasibility do not preclude claims that a registered proprietor holds on trust. The equitable doctrine of laches does not apply to the Chief Judge's statutory jurisdiction under s 45 of Te Ture Whenua Māori Act 1993 although delay is a relevant consideration.

Download Tau v Ngā Whānau o Morven and Glenavy - Waihao 903 Section IX Block here (267 KB PDF). read more

MĀORI LAND & APPELLATE COURT
Māori Land Court — Tamati v Wainohu Removal of trustees
Māori Appellate Court — In Re Apatu v Puna Removal of trustees
Māori Land Court — Wall v The Maori Land Court—Tauhara Middle 15 Trust and Tauhara Middle 4A2A Trust
Change in directions for election of trustees

OTHER COURTS & TRIBUNALS
High Court — Minhinnick v Attorney-General
Application to prohibit passing of a bill

Download Maori Law Review May 2010 (236 KB PDF)

MĀORI LAND & APPELLATE COURT
Māori Land Court—In Re Pukeroa Oruawhata Ahu Whenua Trust Application to vary a trust order

OTHER COURTS & TRIBUNALS
District Court—Police v Watene
High Court—Dorchester Finance Ltd v Ngahuia Ltd Liability of individual trustees in trust party to a defaulted loan agreement
High Court—Davis v Executor of the Will of Anna Ashford
Jurisdiction regarding vesting orders of Māori freehold land

Download Maori Law Review April 2010 (225 KB PDF)

MĀORI LAND & APPELLATE COURT
Māori Land Court — In Re Ngā Tāonga Tūturu & Holden, Ministry of Culture and Heritage Ownership under Protected Objects Act 1975
Māori Land Court — In Re Ellis & Matapihi 1B2C2D Gift and return of shares
Māori Land Court — Ross v Te Moni—Otumoko B4 Lessee’s right of exclusive possession
Māori Appellate Court — Kemp v Kemp Jurisdiction to make orders for payment of money without consent of trustees
Māori Appellate Court — Re Lot 300, Parish of Waioeka Status of confiscated land returned by way of Crown grant

OTHER COURTS & TRIBUNALS
Family Court—BAEP v ATG
High Court—Donnelly v Waitangi Tribunal

Download Maori Law Review March 2010 (253 KB PDF)

MĀORI LAND & APPELLATE COURT

Māori Land Court—In Re Ngāti Maru Trust - Establishment of a whenua tōpu trust

OTHER COURTS & TRIBUNALS

High Court—Haronga v Waitangi Tribunal - Waitangi Tribunal declining an urgent hearing seeking forestry resumption orders
Court of Appeal—Paki v AG - Whether the Crown holds parts of the Waikato River Bed in trust

Download Maori Law Review (243 KB PDF)

EDITORIAL
Fiduciary duty—does it have a future?

MĀORI LAND COURT & APPELLATE COURT
Maori Land Court — In Re Naera: Commercial disclosure requirements for a review of trust
Maori Appellate Court — Samuels v Matauri X: Appeal re costs award
Maori Appellate Court — In Re Cumming: Principles applying to an application for easement over Maori freehold land
Maori Land Court — In Re Rupapera: Removal of trustees, very large investment without oversight, although subsequently repaid
Maori Land Court — In Re Livingstone: Injunction to prevent 1080 poison drop

OTHER COURTS AND TRIBUNALS
High Court — Mair v Waitangi Tribunal: When can an urgent hearing can be declined?
Environment Court — Te Rarawa v Northland RC: Advice notes in resource consents
Environment Court — Kaiawha v BOPRC: Mana whenua & relationships recognised by the RMA
Human Rights Review Tribunal — Rerekura: Costs award for weak claims

Download Maori Law Review December-January 2010 (256 KB PDF)