Māori Appellate Court
Possession – mortgagee granted possession - orders of the lower Court substituted - Rangitukunoa v Koning – Matapihi 1A3D4C1 [2012] 2012 Maōri Appellate Court MB 690
Jurisdiction – no determination - interlocutory orders or directions are not susceptible to appeal - Davis v Mihaere – Torere Reserves Trust [2012] Māori Appellate Court MB 641
Jurisdiction – Appellate Court has no jurisdiction to hear matters simply referred from a Judge in Chambers - Bowers – Estate of Elizabeth Victoria Rodger Thorpe (Shepherd) [2012] 2012 Māori Appellate Court MB 686
Costs - previous award altered - Muru v Te Aho - Maungatautari 4G Section IV Block (2013) Māori Appellate Court MB 5
Māori Land Court
Chief Judge's power to correct errors - Proprietors of Potikirua Block Incorporated v Te Kani – Lot 1 Deposited Plan 8212 (2013) 2013 Chief Judge’s MB 82
Costs award - Koopu v Trustees of Maraenui A2 Ahu Whenua Trust - Maraenui A2 (2013) 69 Waiariki MB 115
Costs award - Gillies v Chappell – Section 4B2 Rāpaki Māori Reserve 875 (2013) 16 Te Waipounamu MB 205
Stay pending appeal declined; directions issued about trust order - Taueki – Horowhenua (11) Lake (2013) 296 Aotea MB 91
Chief Judge’s power to correct errors - Butler v N F Fraser & Co Limited – Mangawhaiti 3B1 & Takahiwai 3A2 (2013) Chief Judge’s MB 59
Chief Judge's power to correct errors - Murphy – Estate of Lizzie Turner Tau (2013) 2013 Chief Judge’s MB 48 (2013 CJ 48)
Charging order declined – sought for unpaid rates, insufficient evidence - Far North District Council v Maihi – Maungakawakawa 5G (2013) 52 Taitokerau MB 138
Māori reservation approved for a whare wānanga for kaupapa waka - Busby - Okokori B (2013) 52 Taitokerau MB 133
Rangitukunoa v Koning – Matapihi 1A3D4C1
[2012] 2012 Maōri Appellate Court MB 690 (2012 APPEAL 690)
24 December 2012
Appeal against a decision of the lower Court ordering Mr Smith to vacate Matapihi 1A3D4C1 and granting possession of the land to the estate of Edward Reweti. The orders of the lower Court were substituted with orders made under different parts of the Act as the Court did not have the jurisdiction to make the original orders.
Download Rangitukunoa v Koning – Matapihi 1A3D4C1 (1765 KB PDF) here. read more
Davis v Mihaere – Torere Reserves Trust
[2012] Māori Appellate Court MB 641 (2012 APPEAL 641)
7 December 2012
The appellants applied for leave out of time to appeal a provisional or preliminary determination of Deputy Chief Judge Fox. In dismissing the application the Appellate Court noted that a provisional or preliminary determination only occurs where the Court has made an explicit determination of fact or law for the purpose of making orders to dispose the substantive proceeding.
Download Davis v Mihaere – Torere Reserves Trust (1.25 MB PDF) here. read more
Bowers – Estate of Elizabeth Victoria Rodger Thorpe (Shepherd)
[2012] 2012 Māori Appellate Court MB 686 (2012 APPEAL 686)
20 December 2012
An application for succession was referred to the Māori Appellate Court by way of case stated. The Appellate Court considered it had no jurisdiction to hear the application as the matter was referred to it by a Judge in Chambers and not by “the Māori Land Court” as required by s 60(1) of the Act.
Download Bowers – Estate of Elizabeth Victoria Rodger Thorpe (Shepherd) (83 KB PDF) here. read more
Muru v Te Aho - Maungatautari 4G Section IV Block
Māori Appellate Court (2013) Māori Appellate Court MB 5 (2013 APPEAL 5)
30 January 2013
An appeal against an award of costs was allowed in part. The Court varied the original award from 75% of costs incurred to 60%, after finding that the lower Court was wrong to award costs at a level higher than was sought without explanation.
Download Muru v Te Aho - Maungatautari 4G Section IV Block here (101 KB PDF). read more
Busby - Okokori B
Māori Land Court (2013) 52 Taitokerau MB 133 (52 TTK 133)
17 January 2013
This was the second reserved judgment of Judge Ambler concerning Hekenukumai (Hec) Busby's application for the setting aside of land for a Māori reservation for a whare wānanga for kaupapa waka. Judge Ambler was satisfied that the trust deed of the Hekenukumai Ngā Iwi Trust, the proposed beneficiary, aligned with the purposes of the reservation. Application granted.
Download Busby - Okokori B here (70 KB PDF).
read more
