Te Pairi v Whakatane District Council - Omuriwaka and Tahora 2AD2
Māori Land Court (2011) 38 Waiariki MB 116 (38 WAR 116)
2 September 2011
Interim injunction cancelled. The results of an independent survey were the same as those of another survey commissioned by the Whakatane District Council. This ended a dispute over a boundary.
Download Te Pairi v Whakatane District Council - Omuriwaka and Tahora 2AD2 here (45 KB PDF). read more
Peters v Eruera - Kaikoura No 4
Māori Land Court (2011) 40 Waiāriki MB 206 (40 WAR 206)
27 September 2011
Injunction granted prohibiting the occupant and his family from occupying the property or entering onto trust land.
Download Peters v Eruera - Kaikoura No 4 here (131 KB PDF). read more
Mohinui 3B2B
Māori Land Court (2011) 27 Taitokerau MB 136 (27 TTK 136)
21 September 2011
Applications for occupation orders. The applications were previously adjourned after the Court suggested the establishment of an ahu whenua trust to allocate areas of land to different owners. The owners did not support the establishment of a trust. Accordingly, both applications were granted.
Download Mohinui 3B2B (89 KB PDF) here. read more
Barrell - Lot 27 DP 40840
Māori Land Court (2011) 27 Taitokerau MB 241 (27 TTK 241)
26 September 2011
Application to change status of land to General land unnecessary. Section 355 of Te Ture Whenua Māori Act applied so that a transfer registered in 1994 could be perfected in accordance with the Māori Affairs Act 1953. The memorandum of transfer did not purport to retain the Māori freehold land status so the land became General land upon registration.
Download Barrell - Lot 27 DP 40840 (2011) 27 Taitokerau MB 241 (27 TTK 241) here (65 KB PDF). read more
Gemmell - Mohaka A4 Trust
Māori Land Court (2011) 11 Takitimu MB 86 (11 TKT 86)
9 September 2011
Interim independent trustee appointed for 12 months and tasked with resolving the annual accounts, completing audits and other responsibilities. A debtor to the Trust cannot be a trustee. Trustees were not sufficiently independent of the various challenging issues to be able to administer the land in the best interests of the owners.
Download Gemmell - Mohaka A4 Trust here (109 KB PDF). read more
Rogers v Stirling - Taungaure No.2
(2011) 39 Waiariki MB 297 (39 WAR 297)
20 September 2011
An order was made for Mr Stirling's legal costs to be paid from the Special Aid Fund as the Court considered the circumstances in this case were such to warrant a departure from the notion that costs normally follow the event.
Download Rogers v Stirling - Taungaure No.2 (115 KB PDF) here. read more
Gardiner v Gorringe
(2011) 28 Waikato Maniapoto MB 237 (28 WMN 237)
27 September 2011
Application for costs following lengthy proceedings. Judge Clark awarded the defendants 60% of their actual costs incurred after calculating the scale of costs they would have been entitled to had the matter been before the District Court.
Download Gardiner v Gorringe (237 KB PDF) here. read more
High Court – Te Kōti Matua
Judicial review - claims dismissed - decision not amenable to judicial review - Te Tai Tokerau Mapo Trust v Chief Executive of Ministry of Health (HC Whangarei CIV-2010-488-307) - Martha Reilly
Māori Appellate Court – Te Kōti Pīra Māori
Succession – whakapapa link sufficient for a disposition by will - Nicholas v Kameta – Estate of Whakaahua Walker Kameta, Te Puke 2A2A3B1 and 2A2A3B2 [2011] 2011 Māori Appellate Court MB 500
Partition - lower Court erred in its approach - Whaanga v Niania - Anewa Block [2011] 2011 Maori Appellate Court MB 428
Occupation orders - Erlbeck v Ham - Marangairoa C12 (2011) Māori Appellate Court MB 340
Nicholas v Kameta – Estate of Whakaahua Walker Kameta, Te Puke 2A2A3B1 and 2A2A3B2
[2011] 2011 Māori Appellate Court MB 500 (2011 APPEAL 500)
31 August 2011
The lower Court determined the will of Mr Kameta, where he made provision for his defacto partner and her children, was of no effect as it was contrary to the terms of the Act. Ms Nicholas and her children appealed that decision. The appeal was allowed in part as the Appellate Court was satisfied Ms Nicholas’s children’s whakapapa link to Mr Kameta was sufficient enough to enable them to succeed to his interests.
Download Nicholas v Kameta – Estate of Whakaahua Walker Kameta, Te Puke 2A2A3B1 and 2A2A3B2 here (265 KB PDF). read more
Te Tai Tokerau Mapo Trust v Chief Executive of Ministry of Health
High Court Whangarei (CIV-2010-488-307)
5 August 2011
An application for judicial review was declined. The decision made by the Ministry of Health affecting Te Tai Tokerau MAPO Trust was not amendable to judicial review. Even if it were, grounds for review were not made out.
Download Te Tai Tokerau Mapo Trust v The Chief Executive of Ministry of Health (143 KB PDF). read more
Naera v Fenwick – Whakapoungakau 24 (Tikitere Trust)
[2011] Māori Appellate Court MB 316 (2011 APPEAL 316)
5 August 2011
Appeal against the lower Court’s decision not to order the removal of any of the trustees of the Tikitere Trust. The Appellate Court dismissed each ground of appeal raised.
Download Naera v Fenwick – Whakapoungakau 24 (Tikitere Trust) here (188KB PDF). read more
Whaanga v Niania - Anewa Block
Māori Appellate Court [2011] 2011 Maori Appellate Court MB 428 (2011 APPEAL 428)
19 August 2011
Appeal from a decision of the lower court concerning an application for partition order. The lower Court was found to have erred in its approach to the assessment of sufficiency of support.
Download Whaanga v Niania - Anewa Block (307 KB PDF) here. read more
Erlbeck v Ham - Marangairoa C12
Māori Appellate Court (2011) Māori Appellate Court MB 340 (2011 APPEAL 340)
9 August 2011
Appeal against an occupation order. Appeal allowed with the case referred back to the lower Court to be reheard.
Download Erlbeck v Ham - Marangairoa C12 here. read more
Māori Appellate Court
Easements – sufficiency of support to be determined on a case by case basis - Smith v Courtney – Ohuirua No 2 Block [2011] Māori Appellate Court MB 284
Stay - appeal would not be rendered nugatory if stay was not granted - Naera v Fenwick – Whakapoungakau 24 Trust [2011] Māori Appellate Court MB 301
Māori Land Court
Injunction – respondents to remove encroaching structures – Pue v Tapatu - Okawa A1B (2011) 268 Aotea MB 93
Smith v Courtney – Ohuirua No 2 Block
[2011] Māori Appellate Court MB 284 (2011 APPEAL 284)
8 July 2011
Appeal against a decision of the lower Court to decline an application for easements over Ohuirua No 2 Block. The Appellate Court dismissed the application, agreeing with the lower Court that the appellant was unable to attract sufficient support.
Download Smith v Courtney – Ohuirua No 2 Block here (208 KB PDF).
Overview and result
| Easements – sufficiency of support to be determined on a case by case basis |
| Date | 8 July 2011 |
| Case | Smith v Courtney – Ohuirua No 2 Block (208 KB PDF) |
| Citation | [2011] Māori Appellate Court MB 284 (2011 APPEAL 284) |
| Court | Māori Appellate Court |
| Judge(s) | Chief Judge Isaac; Judges Milroy, Clark and Coxhead |
| Earlier/later decisions | Smith – Ohuirua No 2 (2009) 142 Whangarei MB 287 (142 TTK 287) |
| Legislation cited | Te Ture Whenua Māori Act 1993, ss 2, 17, 285, 286, 287, 315, 315A, 316, 317 |
| Cases cited | Brown v Maori Appellate Court [2001] 1 NZLR 87; Kacem v Bashir [2010] NZSC 112; Cumming & Ors – Omaio 8 and Omaio 45 (2009) 12 Waiariki Appellate MB 299 (12 AP 299) |
| Overview and result | Mrs Smith applied to the lower Court for access, electricity, telecommunications and water easements over Ohuirua No 2 Block in favour of Otaika 4C West No 1 Block, a block of general land. Mrs Smith owns 10 out of 30 shares in the Ohuirua No 2 Block. The lower Court dismissed the application, influenced heavily by the fact two-thirds of the owners opposed the easements. Further, the lower Court stated its view that the development of general land is not a primary objective of the Act. Mrs Smith appealed that decision. Held, appeal dismissed. In determining sufficiency of support for roadways and access easements the Māori Land Court must first consider the number of owners both on a head count and shareholding basis who indicate their support or otherwise for the application. That support or opposition must then be weighed having regard to the nature and importance of the matter. There is no hard and fast rule that a majority or certain percentage based purely on a mathematical basis will carry the day; sufficiency of support needs to be determined on a case by case basis. The Appellate Court noted it did not agree with the submission that the Court needs to go behind an owner’s stated opposition and examine it in detail, unless of course owners had been approached to provide an opposition based on misleading, factually incorrect or totally irrelevant information. In this case the lower Court correctly identified there was significant opposition to the application from the owners and there was no error in its decision to dismiss the application for want of support. The Appellate Court noted its agreement with the lower Court’s finding that the consent required for easements other than access easements is no different to that required for access easements under s 317(1). The Appellate Court also dismissed Mrs Smith’s argument that an easement in favour of a neighbouring block already exists and therefore there is a precedent which the Court should follow. Every easement application must be dealt with on its merits and on a case by case analysis. What may have historically occurred in the granting of an easement in relation to another block has little weight. Further, applications must be dealt with based on the current facts. The Court should not take into consideration what Mrs Smith might subsequently do sometime in the future with the adjoining general land block she owns and should not be asked to grant easements on the basis of some future hypothetical situation. The Appellate Court also agreed that it is not a primary objective of the Māori Land Court to promote and assist in the effective use, management and development of general land. |
Naera v Fenwick – Whakapoungakau 24 Trust
[2011] Māori Appellate Court MB 301 (2011 APPEAL 301)
13 July 2011
Application for stay dismissed. The appeal would not be rendered nugatory if the stay was not granted. Section 56 provides the Appellate Court with broad powers to remedy the situation should the appeal be successful.
Download Naera v Fenwick – Whakapoungakau 24 Trust here (118 KB PDF). read more
Pue v Tapatu - Okawa A1B
Māori Land Court (2011) 268 Aotea MB 93 (268 AOT 93)
8 July 2011
Injunction granted requiring the respondents to remove encroaching structures from the applicant's land. Registrar directed to take steps to prosecute one respondent for contempt of Court.
Download Pue v Tapatu - Okawa A1B here (165 KB PDF). read more
Māori Appellate Court
Trusts – enforcement – former trustee could not use capacity as beneficial owner to criticise trust for litigation involving him - Brownlie
Māori Land Court
Status of land – ownership determined, title irregularities addressed - Cooper- Nathan - Motatau 5A2A2 (2011) 22 Taitokerau MB 177
Māori reservation – application for rehearing of status determination granted – Merito - The Moutoki, Tokata and Rūrima Islands (2011) 34 Waiariki MB 176
Brownlie v Brown - Pipituangi A Trust
[2011] Māori Appellate Court MB 271 (2011 APPEAL 271)
30 June 2011
Appeal against the lower Court’s decision to dismiss an application for enforcement of trust obligations. The appeal was dismissed at the hearing with reasons delivered later. An award for 80% costs was made in favour of the respondents.
Download Brownlie v Brown - Pipituangi A Trust here (182 KB PDF). read more
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
Merito - The Moutoki, Tokata and Rūrima Islands
Māori Land Court (2011) 34 Waiariki MB 176 (34 WAR 176)
30 June 2011
Application for rehearing of a 2010 status determination granted. Application for review dismissed. Since three official records of the Islands conflicted, an expert was engaged to provide the Court with a comprehensive history of the Rūrima Islands from a title investigation and survey perspective.
Download Merito - The Moutoki, Tokata and Rūrima Islands here (103 KB PDF). read more
Supreme Court
Remedies recommendations from the Waitangi Tribunal - Haronga v Waitangi Tribunal [2011] NZSC 53
Māori Land Court
Status of land - Council views not relevant in considering status change - Deputy Registrar - Ohawini A6 (2011) 21 Taitokerau MB 172
Appointment of trustees – poll vote appropriate and fair – McLelland - Ngati Hine H2B (2011) 21 Taitokerau MB 57
Incorporation – ahu whenua trust established after liquidator discharged – Te Onetu Pihama Incorporation (2011) 266 Aotea MB 20
Haronga v Waitangi Tribunal
Supreme Court of New Zealand [2011] NZSC 53
19 May 2011
The Supreme Court allowed this appeal for an urgent remedies hearing of a Waitangi Tribunal application. The Supreme Court quashed the original determination and directed the Tribunal to hold an urgent remedies hearing of the application.
Download Haronga v Waitangi Tribunal [2011] NZSC 53 here. read more
Deputy Registrar - Ohawini A6
Māori Land Court (2011) 21 Taitokerau MB 172 (21 TTK 172)
26 May 2011
Successful application to change status from General land to Māori freehold land. Registered proprietor and his successors identified to enable succession. The Court does not have to take into account a local Council's views concerning the payment of rates when considering an application to change the status of land under s 133 of Te Ture Whenua Māori Act 1993.
Download Deputy Registrar - Ohawini A6 (2011) 21 Taitokerau MB 172 (21 TTK 172) here (186 KB PDF). read more
McLelland - Ngati Hine H2B
Māori Land Court (2011) 21 Taitokerau MB 57 (21 TTK 57)
19 May 2011
Application to appoint replacement trustees to the Ngati Hine Forestry Trust in accordance with the election held at the Trust's 2010 AGM. The introduction of a poll vote was in accordance with the Trust order and did not cause unfairness despite the Court noting some procedural shortcomings. Mr Shortland's participation had not been lawful and the polling results were adjusted accordingly.
Download McLelland - Ngati Hine H2B here (190 KB PDF). read more
