Alienation and status of land - alienation not contrary to Te Ture Whenua Māori Act 1993, change to General land to facilitate sale appropriate - Manning - Kirikiri Pawhaoa B2A1 [2011] Māori Appellate Court MB 215
Occupation orders - Rudolph v Reti - Otetao B3A2 [2011] Māori Appellate Court MB 143
Occupation orders - competing applications - Gough - Pataua 4B (2011) 19 Taitokerau MB 1
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
Gough - Pataua 4B
Māori Land Court (2011) 19 Taitokerau MB 1 (19 TTK 1)
12 April 2011
Competing application for occupation orders. Applications adjourned where the Court suggested the parties should develop a land use plan to be incorporated into an ahu whenua trust order.
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Rudolph v Reti - Otetao B3A2
Māori Appellate Court (2011) Māori Appellate Court MB 143 (2011 APPEAL 143)
5 April 2011
Appeal against an occupation order. The appellants were unhappy with changes between the original application and the final orders made, which they felt prejudiced their occupation of the block. Appeal dismissed.
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