Stock v Morris - Wainui 2D2B
Māori Land Court (2012) 41 Taitokerau MB 121 (41 TTK 121)
1 June 2012
Application to determine ownership of a cottage situated on Wainui 2D2B. Ms Stock, an owner in the land, claimed ownership of the cottage and was supported by her fellow owners. Mr Morris, a non-owner in the land who paid for the construction of the cottage, claimed a monetary interest. An order was made declaring Ms Stock be the owner of the cottage, conditional on the payment of a judgment sum of $46,260.41 (being half the value of the cottage plus interest from the date of separation) to Mr Morris.
Download Stock v Morris - Wainui 2D2B (259 KB PDF) here. read more
Kerr v Albert and others as trustees of the Ngahiamutu Land Trust – Maketu A102 (2012) 55 Waiariki MB 146 (55 WAR 146)
Māori Land Court 20 June 2012
Mr Kerr was granted an interim injunction on 20 June 2012 to prevent the respondent trustees from evicting him from land. A further hearing on notice to the trustee landowners was scheduled to hear argument on whether to extend or dismiss the interim injunction while Mr Kerr’s substantive proceeding opposing eviction from occupation of the land remains undetermined.
Download Kerr v Albert and others as trustees of the Ngahiamutu Land Trust – Maketu A102 (2012) 55 Waiariki MB 146 here (73 KB PDF).
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Māori Trustee v Te Pou - Waiohau a Section 4B
Māori Land Court (2012) 55 Waiariki MB 124 (55 WAR 124)
14 June 2012
Interim injunction issued requiring the respondent trustee to pay rental proceeds to the Māori Trustee and preventing further contact with the lessee.
Download Māori Trustee v Te Pou - Waiohau a Section 4B here (136 KB PDF). read more
Trustees of Lake Horowhenua Trust (2012) 285 Aotea MB 135 (285 AOT 135)
Māori Land Court 22 June 2012
Postal ballots could be used for trustee elections. Beneficiaries participating in the election would be required to complete a statutory declaration that they are current owners in the land and members of the Muaūpoko tribe.
Download Trustees of Lake Horowhenua Trust (2012) 285 Aotea MB 135 here. (268 KB PDF)
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Whaanga - Anewa
Māori Land Court (2012) 22 Tairawhiti MB 167 (22 TRW 167)
5 June 2012
Application for partition order. Application dismissed as the Court considered the partition was not necessary to facilitate the effective operation, development and utilisation of the land.
Download Whaanga - Anewa (238 KB PDF) here. read more
Webster - Komakorau Parish of 146B1A (Hukanui Marae)
Māori Land Court (2012) 42 Waikato Maniapoto MB 83 (42 WMN 83)
28 June 2012
An application to inquire into the administration of Komakorau Parish of 146B1A (Hukanui Marae) was dismissed.
Download Webster - Komakorau Parish of 146B1A (Hukanui Marae) here (146 KB PDF). read more
Memorandum-directions of the Presiding Officer declining the application for an urgent hearing by Rudolph Taylor and Patu Hohepa on behalf of the whānau and hapū of Hokianga
Waitangi Tribunal (Wai 2344, #2.5.12, 19 June 2012)
Download Wai 2344, #2.5.12 Memorandum-directions here. (500 KB PDF)
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Application for remedies on behalf of Te Rūnanga-ā-Iwi o Ngāti Kahu
Waitangi Tribunal (Wai 45, 2012 #2.411, 25 June 2012)
The Waitangi Tribunal has scheduled a hearing for September 2012 in the application for remedies made on behalf of Te Rūnanga-ā-Iwi o Ngāti Kahu. In a memorandum of directions on preliminary matters issued on 25 June 2012 the Presiding Officer discussed a number of issues including principles for relief recommended by the Tribunal, notice to affected property owners and the definition of the claim area the Tribunal will use in considering remedies for Ngāti Kahu. The ruling is of interest because of the limited jurisprudence to date on how the Waitangi Tribunal considers making recommendations for relief about well-founded claims.
Download Wai 45, 2012 #2.411 here. (415 KB PDF)
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Associate Māori Affairs Minister Christopher Finlayson announced on 3 June that an expert panel will review Te Ture Whenua Māori Act with a view to unlocking the economic potential of Māori land for its beneficiaries, while preserving its cultural significance for future generations.
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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
Court of Appeal
Trusts – trustee appointments – discretion of Court not broad and unfettered – Clarke v Karaitiana [2011] NZCA 154
Māori Appellate Court
Costs – Rameka v Hall - Opepe Farm Trust (2012) Māori Appellate Court MB 167 (2012 APPEAL 167)
Costs - Māori Land Court Special Aid Fund - Ripia (2012) Māori Appellate Court MB 175 (2012 APPEAL 175)
Status of land – effect of status order to amend earlier partition - Toroa – Te Kuri X53 and other blocks (2012) Māori Appellate Court MB 157 (2012 APPEAL 157)
Roadways - errors of law - appeals allowed - Ngunguru Coastal Investments Ltd v Climo - Horahora 1B4A2D1 and others [2012] 2012 Maori Appellate Court MB 80
Māori Land Court
Injunction – trustees' application to remove occupant refused – The Trustees of Oweta 4B v Riki - Oweta 4B (2012) 21 Tairāwhiti MB 190
Trespass and damages – orders would only inflame tense situation – Carroll v Maihi-Carroll - Waipuka 2R Section 3 (2012) 15 Tākitimu MB 234
Waitangi Tribunal
Inquiry into kōhanga reo and revitalisation of te reo Māori - Wai 2336, #2.5.13 25 October 2011
Print Version
Download the Māori Law Review April 2012 (606 KB PDF).
Clarke v Karaitiana
Court of Appeal [2011] NZCA 154
14 April 2011
Appeal allowed from a decision of the Māori Appellate Court. The Appellate Court was found to have erred in construing the exercise of discretion available to the Court under s 222 of the Act in appointing trustees.
Download Clarke v Karaitiana (211 KB PDF).
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Ripia
Māori Appellate Court (2012) Māori Appellate Court MB 175
Application dismissed for costs from special aid fund.
Download Ripia (2012) Māori Appellate Court MB 175 (115 KB PDF) here. read more
Rameka v Hall – Opepe Farm Trust
Māori Appellate Court (2012) Māori Appellate Court MB 167 (2012 APPEAL 167)
Costs awarded (65% of costs incurred by respondent) after appeal dismissed.
Download Rameka v Hall – Opepe Farm Trust (135 KB PDF) here. read more
Toroa – Te Kuri X53 and other blocks
Māori Appellate Court (2012) Māori Appellate Court MB 157
Determination of status application by lower court set aside as beyond jurisdiction and matter remitted to court.
Downloard Toroa – Te Kuri X53 and other blocks (2012) Māori Appellate Court MB 157 (242 KB PDF) here. read more
Ngunguru Coastal Investments Ltd v Climo - Horahora 1B4A2D1 and others
[2012] 2012 Maori Appellate Court MB 80 (2012 APPEAL 80)
1 March 2012
Three appeals were brought against decisions of the lower Court about roadway applications for Horahora blocks. The Appellate Court allowed two of the appeals and dismissed the third.
Download Ngunguru Coastal Investments Ltd v Climo - Horahora 1B4A2D1 and others (494 KB PDF) here. read more
The Trustees of Oweta 4B v Riki - Oweta 4B
Māori Land Court (2012) 21 Tairāwhiti MB 190 (21 TRW 190)
23 April 2012
Application by the trustees of Oweta 4B for an injunction to remove Mr Riki from the land dismissed.
Download The Trustees of Oweta 4B v Riki - Oweta 4B here (165 KB PDF). read more
