Carroll v Maihi-Carroll - Waipuka 2R Section 3
Māori Land Court (2012) 15 Tākitimu MB 234 (15 TKT 234)
24 April 2012
Application for trespass and damages dismissed on the basis that the orders sought would only inflame a tense family dispute and prevent an amicable resolution. There was also insufficient evidence before the Court to grant the order.
Download Carroll v Maihi-Carroll - Waipuka 2R Section 3 here (174 KB PDF). read more
Decision granting an urgent inquiry into the impact of Early Childhood Education policies on the kōhanga reo movement and the revitalization of te reo Māori
Waitangi Tribunal (Wai 2336, #2.5.13 25 October 2011)
Download Wai 2336, #2.5.13 here (626 KB PDF).
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High Court
Funding claimant groups for negotiation in preference to litigation - Taueki v Crown Forestry Rental Trust (High Court, Wellington CIV 2011-485-1497)
Māori Appellate Court
Applications for rehearing – Henare v Māori Trustee – Parengarenga 3G (2012) 2012 Māori Appellate Court MB 1
Trustees - removal - Rudd Senior v Proctor - Horowhenua 11 (Lake) Trust (2012) 2012 Maori Appellate Court MB 107 (2012 APPEAL 107)
Costs – appeal against costs award dismissed – Vercoe v Barns- Parish of Matata 39A2A and 39A2B2B2A (2012) Māori Appellate Court MB 149 2012 APPEAL 149)
Waitangi Tribunal
No urgent inquiry into use of the Mangawhai forest in settlement of Ngāti Manuhiri historical claims - Kapea and Beazley on behalf of themselves and Ngā Uri o Maki-nui (Wai 2181, #2.5.7)
Print Version
Download the Māori Law Review March 2012 (450 KB PDF).
Taueki v Crown Forestry Rental Trust
High Court, Wellington (CIV 2011-485-1497)
17 February 2012
The High Court granted an application by the Crown Forestry Rental Trust (CFRT) for summary judgment against the plaintiff’s application for judicial review of a CFRT decision to recognise Muaūpoko Tribal Authority (MTA) as a beneficiary. The decision was challenged on the basis that MTA was not Māori and did not have a claim before the Waitangi Tribunal involving Crown forest licensed land. Ronald Young J was satisfied that the evidence unequivocally established that when CFRT recognised MTA as an approved client in 2009 MTA did represent claimants in the Waitangi Tribunal. Therefore there was no error of fact.
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Henare v Māori Trustee - Parengarenga 3G
Māori Appellate Court (2012) 2012 Māori Appellate Court MB 1 (2012 APPEAL 1)
9 January 2012
A Judge should not grant a rehearing on an application made more than 28 days after an order unless satisfied that the application could not reasonably have been made sooner (s 43(2)/93). Here the evidence was inconclusive on the reasons for a late application for rehearing. It was unsafe for the Court to have concluded a rehearing out of time should be granted. The appeal against the grant of a rehearing was allowed. The case was remitted for further orders to the judge who gave the initial decision the subject of the application for a rehearing.
Download Henare v Māori Trustee - Parengarenga 3G (2012) 2012 Maori Appellate Court MB 1 (2012 APPEAL 1) here (236 KB PDF). read more
Rudd v Procter - Horowhenua 11 (Lake) Trust
Māori Appellate Court (2012) 2012 Maori Appellate Court MB 107 (2012 APPEAL 107)
2 March 2012
The Māori Appellate Court dismissed appeals from a decision by Chief Judge Isaac declining to remove the respondent (Dr Proctor) as a trustee and directing the Registrar to engage an independent facilitator to conduct a meeting of owners to consider appointment of a further responsible trustee to the Horowhenua 11 (Lake) Trust.
The Appellate Court's judgment expressed concern at a paucity of reasons given for the decision under appeal.
Download Rudd Senior v Procter - Horowhenua 11 (Lake) Trust (2012) 2012 Maori Appellate Court MB 107 (2012 APPEAL 107) here (144 KB PDF). read more
Vercoe v Barns- Parish of Matata 39A2A and 39A2B2B2A
Māori Appellate Court (2012) Māori Appellate Court MB 149
Appeal against costs award dismissed.
Download Vercoe v Barns- Parish of Matata 39A2A and 39A2B2B2A (2012) Māori Appellate Court MB 149 (254 KB PDF) here. read more
Memorandum-directions of the Presiding Officer declining the application for an urgent hearing by William Kapea and Michael John Beazley on behalf of themselves and Ngā Uri o Maki-nui
Waitangi Tribunal (Wai 2181, #2.5.7, 1 March 2012)
The Waitangi Tribunal refused to convene an urgent hearing into use of the Mangawhai forest in settlement of Ngāti Manuhiri historical claims. Despite relying on the Supreme Court’s decision in Haronga v Waitangi Tribunal the applicants did not demonstrate that they would suffer significant or irreversible prejudice, nor that they were ready to proceed to an urgent inquiry.
Download Wai 2181, #2.5.7 here (517 KB PDF). read more
Te Puni - Ngawhakatutu A11A1
Māori Land Court (2012) 20 Tairawhiti MB 232 (20 TRW 232)
28 February 2012
Application for partition order. Mr Te Puni applied for a partition order as Westpac was unwilling to approve his application for loan finance unless his interest in the land was partitioned. The Court granted the partition order, noting the Bank's policy reflected a misunderstanding of Te Ture Whenua Māori Act 1993.
Download Te Puni - Ngawhakatutu A11A1 (217 KB PDF) here. read more
Marumaru v Waipakuranui Incorporation
Māori Land Court (2012) 279 Aotea MB 137 (279 AOT 137)
17 February 2012
Determination that all land vested in a Māori Incorporation is deemed to be Māori freehold land unless a contrary determination or order is made. Te Ture Whenua Māori Act 1993 imposes no obligations on Incorporations to make such determinations within a set timeframe.
Download Marumaru v Waipakuranui Incorporation (2012) 279 Aotea MB 137 (294 KB PDF) here. read more
Ko Aotearoa Tēnei (A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity)
Waitangi Tribunal (2011 Wai 262)
Overview
Ko Aotearoa Tēnei - This is New Zealand/Aotearoa is the long awaited report of the Waitangi Tribunal on a number of claims about law and policy affecting Māori culture and identity.
Māori Law Review co-editor Carwyn Jones has written a series of posts examining the major sections of this substantial Tribunal report. In the second post in this series, Carwyn sets out the Tribunal's view on a Treaty partnership based on two founding cultures. read more
Ko Aotearoa Tēnei (A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity)
Waitangi Tribunal (Wai 262, 2011)
Overview
Ko Aotearoa Tēnei - This is New Zealand/Aotearoa is the long awaited report of the Waitangi Tribunal on a number of claims about law and policy affecting Māori culture and identity. The Tribunal has painted New Zealand as poised at crossroads in race relations and the nation's sense of identity. The Tribunal's prescription, based on the principles of the Treaty of Waitangi, is to perfect a Treaty based partnership so that Māori interests are better understood and provided for.
Māori Law Review co-editor Carwyn Jones has written a series of posts examining the major sections of this substantial Tribunal report. In this first post, Carwyn explains some background to the Tribunal's report. read more
Ko Aotearoa Tēnei (A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity)
Waitangi Tribunal (2011 Wai 262)
Overview
Māori Law Review co-editor Carwyn Jones has written a series of posts examining the major sections of this Tribunal report on a number of claims about law and policy affecting Māori culture and identity. In the third post in this series, Carwyn sets out the Tribunal's view on the need for a Commission to be established to adjudicate on issues surrounding the use of Māori art forms and the matauranga (knowledge) underpinning that expression. read more
Ko Aotearoa Tēnei (A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity)
Waitangi Tribunal (2011 Wai 262)
Overview
Ko Aotearoa Tēnei - This is New Zealand/Aotearoa is the long awaited report of the Waitangi Tribunal on a number of claims about law and policy affecting Māori culture and identity.
Māori Law Review co-editor Carwyn Jones has written a series of posts examining the major sections of this substantial Tribunal report. In the fourth post in this series, Carwyn sets out the Tribunal's views on genetic and biological resources in taonga species. read more
Ko Aotearoa Tēnei (A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity)
Waitangi Tribunal (2011 Wai 262)
Overview
Ko Aotearoa Tēnei - This is New Zealand/Aotearoa is the long awaited report of the Waitangi Tribunal on a number of claims about law and policy affecting Māori culture and identity.
Māori Law Review co-editor Carwyn Jones has written a series of posts examining the major sections of this substantial Tribunal report. In the fifth post in this series, Carwyn sets out the Tribunal's views on resource management law and environmental policy. read more
Ko Aotearoa Tēnei (A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity)
Waitangi Tribunal (2011 Wai 262)
Overview
Ko Aotearoa Tēnei - This is New Zealand/Aotearoa is the long awaited report of the Waitangi Tribunal on a number of claims about law and policy affecting Māori culture and identity.
Māori Law Review co-editor Carwyn Jones has written a series of posts examining the major sections of this substantial Tribunal report. In the sixth post in this series, Carwyn sets out the Tribunal's views on the conservation estate and taonga. read more
Ko Aotearoa Tēnei (A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity)
Waitangi Tribunal (2011 Wai 262)
Overview
Ko Aotearoa Tēnei - This is New Zealand/Aotearoa is the long awaited report of the Waitangi Tribunal on a number of claims about law and policy affecting Māori culture and identity.
Māori Law Review co-editor Carwyn Jones has written a series of posts examining the major sections of this substantial Tribunal report. In the seventh post in this series, Carwyn sets out the Tribunal's views on the Māori language - te reo Māori. read more
Ko Aotearoa Tēnei (A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity)
Waitangi Tribunal (2011 Wai 262)
Overview
Ko Aotearoa Tēnei - This is New Zealand/Aotearoa is the long awaited report of the Waitangi Tribunal on a number of claims about law and policy affecting Māori culture and identity.
Māori Law Review co-editor Carwyn Jones has written a series of posts examining the major sections of this substantial Tribunal report. In the eighth post in this series, Carwyn sets out the Tribunal's views on Mātauranga Māori - Māori knowledge. read more
Ko Aotearoa Tēnei (A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity)
Waitangi Tribunal (2011 Wai 262)
Overview
Ko Aotearoa Tēnei - This is New Zealand/Aotearoa is the long awaited report of the Waitangi Tribunal on a number of claims about law and policy affecting Māori culture and identity.
Māori Law Review co-editor Carwyn Jones has written a series of posts examining the major sections of this substantial Tribunal report. In the ninth post in this series, Carwyn sets out the Tribunal's views on rongoā Māori - traditional Māori medicine and healing. read more
Ko Aotearoa Tēnei (A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity)
Waitangi Tribunal (2011 Wai 262)
Overview
Ko Aotearoa Tēnei - This is New Zealand/Aotearoa is the long awaited report of the Waitangi Tribunal on a number of claims about law and policy affecting Māori culture and identity.
Māori Law Review co-editor Carwyn Jones has written a series of posts examining the major sections of this substantial Tribunal report. In this tenth and final post, Carwyn sets out the Tribunal's views on concerns raised by the claimants about international agreements. read more
Phillips v Gemmell - Mohaka A4 Trust
Māori Land Court (2012) 13 Tākitimu MB 264 (13 TKT 264)
8 February 2012
Four persons appointed as advisory trustees. Application to appoint Ms Phillips as an advisory trustee was declined on the basis that this was inappropriate given that she was a debtor to the trust.
Download Phillips v Gemmell - Mohaka A4 Trust here (146 KB PDF). read more
Māori Land Court
Status of land - change to General land to facilitate obtaining finance - Ngatai - Te Puna Parish 154D5A1 (2012) 34 Waikato Maniapoto MB 111
Trusts - appointment of trustees – nominee appointed despite ongoing proceedings and statement of proposed future litigation – Tukapua v Taueki - Horowhenua Block 11 (2012) 278 Aotea MB 172
Ngatai - Te Puna Parish 154D5A1
Māori Land Court (2012) 34 Waikato Maniapoto MB 111 (34 WMN 111)
23 January 2012
Successful application to change status from Māori freehold land to General land in order to facilitate the obtaining of finance to assist the applicant's children and grandchildren.
Download Ngatai - Te Puna Parish 154D5A1 (2012) 34 Waikato Maniapoto MB 111 (111 KB PDF) here. read more
Tukapua v Taueki - Horowhenua Block 11
Māori Land Court (2012) 278 Aotea MB 172 (278 AOT 172)
31 January 2012
Brenton Tukapua was appointed as an additional responsible trustee. There was no need to wait for the conclusion of various other matters before the Courts. Foreshadowed future litigation should not fetter the Court's jurisdiction.
Download Tukapua v Taueki - Horowhenua Block 11 here (163 KB PDF). read more
