Te Onetu Pihama Incorporation
Māori Land Court (2011) 266 Aotea MB 20 (266 AOT 20)
18 May 2011
16 years after being put into liquidation, the debts of Te Onetu Pihama Incorporation were repaid and the liquidation was brought to an end. An ahu whenua trust was established and the Māori Trustee was appointed responsible trustee.
Download Te Onetu Pihama Incorporation here (190 KB PDF). read more
Māori Appellate Court
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
Māori Land Court
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.
Download Gough - Pataua 4B (160 KB PDF) here. read more
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.
Download Rudolph v Reti - Otetao B3A2 here. read more
Māori Land Court
Possession – second mortgagee granted possession of property - Koning v Smith – Matapihi 1A 3D 4C 1 Block (2011) 18 Waikato Maniapoto 220
Partition, occupation orders - occupation order granted, partition not necessary - Kelly - Mimitu Ruarei 13A (2011) 18 Taitokerau MB 45
Partition - ahu whenua trust proposed as an alternative - Selwyn v Hobson (2011) 18 Taitokerau MB 1
Occupation orders - contested applications - Tautari - Mohinui 3B2B (2011) 18 Taitokerau MB 6
Trusts - appointment of trustees – refusal to appoint trustee – Te Tii Waitangi B3 (2011) 17 Taitokerau MB 294
Koning v Smith – Matapihi 1A 3D 4C 1 Block
(2011) 18 Waikato Maniapoto 220 (18 WAI 220)
16 March 2011
The Court made an order granting possession of the land to the estate of the second mortgagee.
Download Koning v Smith – Matapihi 1A 3D 4C 1 Block (209 KB PDF) here. read more
Kelly - Mimitu Ruarei 13A
Māori Land Court (2011) 18 Taitokerau MB 45 (18 TTK 45)
18 March 2011
The applicant had previously applied for an occupation order but the application was adjourned (so that she could file an application for partition) as the other owners were opposed. The partition application was not granted as there was insufficient support for it and it was considered unnecessary. The Court was prepared to grant an occupation order, provided the applicant's son consented to the particular site chosen for the order.
Download Kelly - Mimitu Ruarei 13A (130 KB PDF) here. read more
Selwyn v Hobson
Māori Land Court (2011) 18 Taitokerau MB 1 (18 TTK 1)
16 March 2011
The applicant applied for vesting orders and a partition order so that he could provide his son with a section to build a house. The Court proposed an alternative approach whereby the shares for the house section would be vested in a whānau trust but the legal title would be vested in a separate ahu whenua trust established to allow the son and his partner to build their house. The parties consented to this.
Download Selwyn v Hobson (111 KB PDF) here. read more
Tautari - Mohinui 3B2B
Māori Land Court (2011) 18 Taitokerau MB 6 (18 TTK 6)
16 March 2011
Competing applications for an occupation order. The Court found that both applicants consulted with the owners and had received a sufficient degree of support. However, the Court considered it was only necessary to grant an occupation order to one of the applicants. Rather than grant the second order, the Court suggested the owners establish an ahu whenua trust to allocate areas of land to different groups of owners. The applications were adjourned for a meeting of owners to discuss the Court's suggestions.
Download Tautari - Mohinui 3B2B (150 KB PDF) here. read more
Te Tii Waitangi B3
Māori Land Court (2011) 17 Taitokerau MB 294 (17 TTK 294)
16 March 2011
The Court declined to appoint a nominee as trustee, concluding that his views were incompatible with being a trustee, he lacked the necessary knowledge and experience, and it was likely that he would disrupt the Trust's business.
Download Te Tii Waitangi B3 here (109 KB PDF). read more
Māori Appellate Court - Te Kōti Pira Māori
Trusts – appointment – s 237 should only be invoked in limited circumstances - Tito – Mangakahia 2B2 – No 2A1A [2011] Māori Appellate Court MB 86
Trusts – removal of trustees – use of s 237 overturned - failure to leave trust with trustees – Te Whata v Paku – Akura Lands Trust [2011] Māori Appellate Court MB 55
Trusts – partial termination – appeal dismissed where the complaint was not actually against the decision of the lower Court – Perigo v Patel - Waerea me Winiata Whānau Trust [2011] Māori Appellate Court MB 41
Procedure – appeal dismissed - no application made for leave to appeal a preliminary order – Waipakuranui Incorporation v Marumaru Junior [2011] Māori Appellate Court MB 55
Costs – refusal to award upheld - Nicholls v Nicholls - Part Papaaroha 6B Block [2011] Māori Appellate Court MB 64
Te Whata v Paku – Akura Lands Trust
[2011] Māori Appellate Court MB 55 (2011 APPEAL 55)
23 February 2011
Appeal against a decision of the lower Court to remove the trustees of the Akura Lands Trust. The Appellate Court considered there were sufficient grounds warranting the removal of the trustees. However, the lower Court was wrong to remove the trustees without appointing replacements.
Download Te Whata v Paku – Akura Lands Trust (123 KB PDF). read more
Tito – Mangakahia 2B2 – No 2A1A
[2011] Māori Appellate Court MB 86 (2011 APPEAL 86)
23 February 2011
Appeal against orders of the lower Court appointing the Māori Trustee against the express wishes of the beneficial owners and extending the period of trusteeship from two to three years. The lower Court was found to have erred in appointing the Māori Trustee pursuant to sections 236 and 237 of Te Ture Whenua Māori Act 1993 and section 51 of the Trustee Act 1956 in circumstances where section 222 of the 1993 Act ought to have been followed.
Download Tito – Mangakahia 2B2 – No 2A1A (161 KB PDF). read more
Perigo v Patel - Waerea me Winiata Whānau Trust
[2011] Māori Appellate Court MB 41 (2011 APPEAL 41)
8 February 2011
Appeal against a decision of the lower Court to partially terminate the Waerea me Winiata Whānau Trust. The appeal was dismissed as the appellant had not alleged there was an error in the lower Court’s approach and her complaint actually related to earlier orders constituting and reviewing the trust.
Download Perigo v Patel - Waerea me Winiata Whānau Trust (186 KB PDF). read more
Waipakuranui Incorporation v Marumaru Junior
[2011] Māori Appellate Court MB 51 (2011 APPEAL 51)
9 February 2011
Appeal against a decision of the lower Court to appoint two examining officers. The appointment of the examining officers constituted a preliminary order or determination. There is no right of appeal against any such order unless the lower Court has granted leave. The Appellate Court did not accept the appellant’s submission that the lower Court’s decision to decline to issue directions about the matter once the appeal had been filed constituted an informal or de facto grant of leave.
Download Waipakuranui Incorporation v Marumaru Junior (75 KB PDF). read more
Nicholls v Nicholls - Part Papaaroha 6B Block
[2011] Māori Appellate Court MB 64 (2011 APPEAL 64)
15 February 2011
Appeal against a decision of the lower Court to decline an application for an award of costs. The Appellate Court considered there was no error in the lower Court’s approach and the appeal was accordingly dismissed.
Download Nicholls v Nicholls - Part Papaaroha 6B Block (93 KB PDF). read more
Te Kōti Whenua Māori - Māori Land Court
Injunction – respondents acting in accordance with District Court orders – Reeves v Gardiner - Waikawa Village Section 15C (2011) 7 Te Waipounamu MB 39
Status of land - General land - void transfer instrument while title obtained indefeasible - Deputy Registrar - Te Keti A2 (2011) 15 Taitokerau MB 76 (15 TTK 76)
Reeves v Gardiner - Waikawa Village Section 15C
Māori Land Court (2011) 7 Te Waipounamu MB 39 (7 TWP 39)
25 January 2011
Application for injunction dismissed. In disposing of felled timber, the respondents were acting in accordance with orders of the District Court.
Download Reeves v Gardiner - Waikawa Village Section 15C here (94 KB PDF). read more
Deputy Registrar - Te Keti A2
Māori Land Court (2011) 15 Taitokerau MB 76 (15 TTK 76)
21 January 2011
Application to determine the status of Te Keti A2 block. Section 2(2)(f) of the of the Māori Affairs Act 1953 did not apply because the transfer instrument was void, as the transfer was not confirmed by the Court in direct breach of the 1953 Act. However, land determined as General land because the land was transferred to a non-Māori and the principal definition of land in the 1953 Act required Māori freehold land to be owned by Māori.
Download Deputy Registrar - Te Keti A2 (168 KB PDF). read more
