Court of Appeal
Road at Papaaroha – possession orders to remove occupiers; leave sought for a second appeal - Henare v Thames Coromandel District Council [2012] NZCA 179
Māori Land Court and Māori Appellate Court
Injunction – interference with tangihanga would not be in the interests of justice – Malcolm-Davies - Ngararatunua A2B3C and A2B3D (2012) 39 Taitokerau MB 293
Proposed ex-gratia payment to trustee - Mika - Te Manawa o Tuhoe
Obtaining owners’ views on establishing an ahu whenua trust – Maori Trustee - Rotokautuku 1J1
Traditional ownership of tāonga tūturu found at Plimmerton beach - Chief Executive, Ministry for Culture and Heritage
Trusts – removal of trustee - application dismissed – Hart - Okoha section 5 block VIII Gore SD (2012) 12 Te Waipounamu MB 286
Waitangi Tribunal
Immigration decisions and the Waitangi Tribunal; spouses as taonga - the Immigration Issues (Kumar) Claim
Waitangi Tribunal applications seeking urgent consideration - practice note
Print edition
Download the Māori Law Review May 2012 (492 KB PDF).
Henare v Thames Coromandel District Council
Court of Appeal [2012] NZCA 179
9 May 2012
In November 2011 the High Court refused leave to appeal from its decision dismissing an appeal against possession orders obtained by Thames Coromandel District Council in 2010. The Council had obtained those orders from the District Court over an area of roadway leading to a beach at Papaaroha on the Coromandel Colville Road. The orders were sought to remove a group of persons occupying the site in support of their belief that the land remained Māori land.
The unsuccessful appellants sought leave from the Court of Appeal to appeal from the High Court's judgment. Leave was refused in May 2012.
Download Henare v Thames Coromandel District Council (9 May 2012) here (52 KB PDF). read more
Malcolm-Davies - Ngararatunua A2B3C and A2B3D
Māori Land Court (2012) 39 Taitokerau MB 293 (39 TTK 293)
4 May 2012
Application for injunction preventing a burial dismissed. This was a matter more appropriately dealt with as a matter of tikanga at the marae.
Download Malcolm-Davies - Ngararatunua A2B3C and A2B3D here (89 KB PDF). read more
Mika - Te Manawa o Tuhoe
Māori Land Court (2012) 54 Waiariki MB 16 (54 WAR 16)
22 May 2012
The Court declined an application that a trustee receive an ex-gratia payment of $50,000 from trust funds for what was described as extra work above trustee duties during a transition period. Despite the trust being obviously indebted to the trustee for the significant work he undertook there was no precedent for such a payment.
Download Mika - Te Manawa o Tuhoe (2012) 54 Waiariki MB 16 (54 WAR 16) here (185 KB PDF). read more
Maori Trustee - Rotokautuku 1J1
Māori Land Court (2012) 22 Tairawhiti MB 124 (22 TRW 124)
24 May 2012
The Māori Land Court directed the Registrar to obtain the views of owners in Rotokautuku 1J1 to the proposed appointment of three owners as responsible trustees. The Court’s preliminary decision to appoint those persons trustees of an ahu whenua trust describes the process followed over 18 months to ascertain owners’ views on establishing a trust for the administration of the land.
Download Maori Trustee - Rotokautuku 1J1 here (163 KB PDF). read more
Chief Executive, Ministry for Culture and Heritage - Taonga Tūturu found at Plimmerton
Māori Land Court (2012) 283 Aotea MB 166 (283 AOT 166)
4 May 2012
The Chief Executive of the Ministry for Culture and Heritage applied for a determination of competing claims to the actual or traditional ownership of a pounamu heitiki (a carved greenstone pendant) found on Plimmerton beach (section 12(1)(b) of the Protected Objects Act 1975). The beach lies within the traditional rohe (tribal region) of Ngāti Toa Rangatira. The Court held that although it was impossible to ascertain actual ownership of the object, traditional ownership lies with Ngāti Toa. The Court declined the finder’s request for ownership of the heitiki during his lifetime.
Download Chief Executive, Ministry for Culture and Heritage - Taonga Tūturu found at Plimmerton (2012) 283 Aotea MB 166 here (202 KB PDF). read more
Hart - Okoha section 5 block VIII Gore SD
Māori Land Court (2012) 12 Te Waipounamu MB 286 (12 TWP 286)
9 May 2012
Application to remove a trustee from the Mark and Mary Walker Trust dismissed. This was merely a case of sibling trustees not getting along rather than a situation of breach of trustee duties.
Download Hart - Okoha section 5 block VIII Gore SD here (232 KB PDF). read more
Memorandum-Directions of the Deputy Chairperson declining an urgent inquiry into the Immigration Issues (Kumar) Claim
Waitangi Tribunal (Wai 2320, #2.5.3, 8 May 2012)
The Waitangi Tribunal declined to convene an urgent inquiry into a claim that removal from New Zealand of a person under immigration processes would amount to a breach of the Treaty of Waitangi because that person was regarded as a taonga by his wife’s family.
Download Wai 2320, #2.5.3 here (579 KB PDF). read more
Waitangi Tribunal Practice Note - Applications seeking urgent Tribunal consideration
Waitangi Tribunal, 28 May 2012
The Waitangi Tribunal has issued a new practice note setting out the criteria used to assess applications seeking urgent inquiries and issuing guidance on related procedural issues.
Download Waitangi Tribunal Practice Note - Applications seeking urgent Tribunal consideration (690KB PDF) here. read more
