Deputy Registrar v Ruapehu District Council – Section 4 Block IV Town of Ongarue
Māori Land Court (2013) 312 Aotea MB 137 (312 AOT 137)
29 November 2013
Decision granting an order changing the status of land from General land to Māori freehold land. A change in status would enable cost effective succession to the interests of the deceased owner. In granting the order, the Māori Land Court determined that such change would not be fatal to the Ruapehu District Council’s ability to recover rates, arrears and penalties.
Download Deputy Registrar v Ruapehu District Council – Section 4 Block IV Town of Ongarue Māori Land Court (2013) 312 Aotea MB 137 (150 KB PDF) here. read more
Deputy Registrar v Ruapehu District Council - Ohura South A3B1A
Māori Land Court (2013) 312 Aotea MB 144 (312 AOT 144)
29 November 2013
Decision granting an order changing the status of land from General land to Māori freehold land. Whānau of the deceased owner wished to proceed with a change of status to enable prompt succession. In granting the order, the Māori Land Court determined that such change would not be fatal to the Ruapehu District Council’s ability to recover rates, arrears and penalties.
Download Deputy Registrar v Ruapehu District Council - Ohura South A3B1A (2013) 312 Aotea MB 144 (133 KB PDF) here.
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Deputy Registrar v Ruapehu District Council - Lot 2 DP South Auckland 38101
Māori Land Court (2013) 312 Aotea MB 148 (312 AOT 148)
29 November 2013
Decision granting an order changing the status of land from General land to Māori freehold land. The land had been passed down generation to generation but was never sold. It therefore had historical and cultural importance and the owners wished to proceed with a change of status to Māori freehold land. In granting the order, the Māori Land Court determined that such change would not be fatal to the Ruapehu District Council's ability to recover rates, arrears and penalties.
Download Deputy Registrar v Ruapehu District Council - Lot 2 DP South Auckland 38101 Māori Land Court (2013) 312 Aotea MB 148 (114 KB PDF) here. read more
Turangawaewae Trust Board v Takerei - Section 166 Suburb of Newcastle North
Māori Land Court (2013) 67 Waikato-Maniapoto MB 113 (67 WMN 113)
8 November 2013
Decision to appoint two nominees as trustees deferred. Since 1949 it was intended that the trustee should be the Turangawaewae Trust Board. The Ngaruawahia Pa Regulations 1940 had been repealed. Therefore, since it is a body corporate, appointment of Board members is an internal matter and there is no need for the Court's involvement.
Download Turangawaewae Trust Board v Takerei - Section 166 Suburb of Newcastle North here (214 KB PDF). read more
Deputy Registrar v Rakiura Māori Lands Trust - Rakiura Māori Lands Trust
Māori Land Court (2013) 21 Te Waipounamu MB 35 (21 TWP 35)
22 November 2013
There was no reason to interfere with the outcome of an election. The trustees were directed to make better use of email and social media in future to improve communication with owners.
Download Deputy Registrar v Rakiura Māori Lands Trust - Rakiura Māori Lands Trust here (95 KB PDF). read more
Ngā Hau e Whā National Marae Charitable Trust – Ngā Hau e Wha Marae
(2013) 20 Te Waipounamu MB 152 (20 TWP 152)
17 October 2013 read more
Te Urewera (Part IV)
Waitangi Tribunal (Wai 894, 2012 (pre-publication))
20 December 2012
Part IV of the Tribunal's report on its district inquiry into Te Urewera was released in 2012 in pre-publication form. This part of the eventual final report from the Tribunal’s district inquiry focuses on Māori experience in the 20th Century at which time the affected communities retained fragmented land interests.
Te Rangimārie Williams has prepared the following summary of this part of the Tribunal’s report.
read more
Court of Appeal
Trustees – unsatisfactory conduct; removal upheld – Rameka v Hall [2013] NZCA 203
High Court
Judicial Review – Registration of wāhi tapu – extension of boundary - Waikanae Christian Holiday Park Inc v New Zealand Historic Places Trust Maori Heritage Council [2013] NZHC 2319
Māori Appellate Court
Stay against injunction pending appeal – refusal upheld - Nicholls v Trustees of the W T Nicholls Trust – W T Nicholls Trust [2013] Māori Appellate Court MB 515
Māori Land Court
Chief Judge’s powers – legal adoption does not sever blood connection to land – Anderson - Estate of Paul Anderson [2013] Chief Judge's MB 783
General land status determined – no role for Court in ordering succession - Walker v Sinclair – Lot 9 DP 44307 (2013) 62 Taitokerau MB 203 (62 TTK 203)
Trusts:
Review – interim judgment issued to deal with the future of the proceedings - Tupe - Manunui No 1 Fourth Residue (2013) 309 Aotea MB 25 (309 AOT 25)
Removal of trustees – offer to resign accepted in light of evidence - Moeahu v Winitana - Waiwhetu Pa No 4 (2013) 310 Aotea MB 172 (310 AOT 172)
Removal of trustees due to conflicts of interest and inappropriate conduct – Scott v Sullivan - Karamu AY Section 2 (2013) 27 Tākitimu MB 5
Removal of trustee for non-attendance – Edwards - Te Komiti Z2B (2013) 67 Taitokerau MB 85
Removal of trustee refused on insufficient evidence – Wikiriwhi v Houpapa - Hurakia Trust (2013) 85 Waiariki MB 107
Waitangi Tribunal
Waitangi Tribunal declines urgent inquiry into radio spectrum auction - Wai 2224, 2.5.8 Decision of the Tribunal on the application for an urgent remedies hearing
Māori Law Review news
Sir Edward Taihakurei Durie student essay competition 2013 - Laura Hardcastle from Victoria University of Wellington is the competition winner.
Legal Research Foundation Conference on Maori Legal Issues - Friday 29 November 2013 Auckland
Print version
Download the Māori Law Review October 2013 (514 KB PDF).
Rameka v Hall
[2013] NZCA 203
Dismissal of further appeal from removal as trustees. Removal upheld for unsatisfactory conduct.
Download Rameka v Hall [2013] NZCA 203 here (280 KB PDF). read more
Waikanae Christian Holiday Park Inc v New Zealand Historic Places Trust Maori Heritage Council
High Court [2013] NZHC 2319
6 September 2013
Waikanae Christian Holiday Park Incorporated applied for judicial review of a decision made by the New Zealand Māori Heritage Council of the Historic Places Trust (“the Council”) and the Historic Places Trust to extend the boundaries of an area registered as a wāhi tapu. The Court dismissed the application on the grounds that there was nothing to suggest that the Council had acted outside of their statutory powers or failed to follow proper processes when reaching their decision.
Download Waikanae Christian Holiday Park Inc v New Zealand Historic Places Trust Maori Heritage Council [2013] NZHC 2319 here (575 KB PDF). read more
Nicholls v Trustees of the W T Nicholls Trust – W T Nicholls Trust
[2013] Māori Appellate Court MB 515 (2013 APPEAL 515)
3 October 2013
Appeal against a decision of the lower Court declining to grant a stay of enforcement in relation to an injunction order. The Appellate Court considered the lower Court had taken the correct approach and its orders were accordingly affirmed.
Download Nicholls v Trustees of the W T Nicholls Trust – W T Nicholls Trust (169 KB PDF) here. read more
Anderson - Estate of Paul Anderson
Māori Land Court [2013] Chief Judge's MB 783 (2013 CJ 783)
8 October 2013
Successful application to amend succession orders that erroneously excluded daughter from succession to the interests of her father. Neither the Adoption Act 1955 nor Te Ture Whenua Māori Act 1993 sever a person's connection to the land. Children adopted out are still able to succeed to interests in Māori land.
Download Anderson - Estate of Paul Anderson here (168 KB PDF). read more
Tupe - Manunui No 1 Fourth Residue
Māori Land Court (2013) 309 Aotea MB 25 (309 AOT 25)
30 September 2013
Here the Court issued an interim reserved judgment in ongoing proceedings concerning the activities of the trustees over a period of several years. The judgment was issued to deal with the future conduct of the proceedings given that several issues had arisen since the last hearing.
Download Tupe - Manunui No 1 Fourth Residue (111 KB PDF) here. read more
Moeahu v Winitana - Waiwhetu Pa No 4
Māori Land Court (2013) 310 Aotea MB 172 (310 AOT 172)
18 October 2013
Mr Moeahu applied for an inquiry into the administration of Waiwhetu Pā No 4 Māori Reservation, alleging one of the trustees had placed themselves in a conflict of interest. The Court considered the trustee had placed themselves in a clear conflict, sufficient to warrant removal as a trustee. Were it not for the trustee's offer to resign, there would have been sufficient evidence to order his removal. The Court accepted his resignation.
Download Moeahu v Winitana - Waiwhetu Pa No 4 (214 KB PDF) here. read more
Walker v Sinclair – Lot 9 DP 44307
Māori Land Court (2013) 62 Taitokerau MB 203 (62 TTK 203)
17 July 2013
Succession application dismissed. Land General land and not General land owned by Māori. No role for Court beyond determining land status.
Download Walker v Sinclair – Lot 9 DP 44307 (2013) 62 Taitokerau MB 203 here (362 KB PDF). read more
Scott v Sullivan - Karamu AY Section 2
Māori Land Court (2013) 27 Tākitimu MB 5 (27 TKT 5)
3 October 2013
Application to remove two trustees of the Karamu AY Section 2 Trust. The applicant trustees alleged that the respondents had significant conflicts of interests and had breached their duties as trustees. The first respondent was invited to resign but would be removed after 30 days unless a letter of resignation was received. The second trustee had used Trust property to engage in criminal activity and was therefore removed.
Download Scott v Sullivan - Karamu AY Section 2 here (128 KB PDF). read more
Edwards - Te Komiti Z2B
Māori Land Court (2013) 67 Taitokerau MB 85 (67 TTK 85)
2 October 2013
Successful application for the removal of a trustee of the Nga Tai Whakarongorua Marae, located on Māori Reservation Te Komiti Z2B. The trustee had failed to satisfactorily carry out the duties of a trustee.
Download Edwards - Te Komiti Z2B here (86 KB PDF). read more
Wikiriwhi v Houpapa - Hurakia Trust
Māori Land Court (2013) 85 Waiariki MB 107 (85 WAR 107)
24 October 2013
Insufficient evidence was provided to warrant the removal of a trustee. While the trustee's behaviour was a nuisance to the Trust, the trustee had not breached the trust order or failed to carry out duties.
Download Wikiriwhi v Houpapa - Hurakia Trust here (140 KB PDF). read more
Radio Spectrum and Telecommunications Claim - Decision of the Tribunal on the application for an urgent remedies hearing
Waitangi Tribunal (2013) (Wai 2224, 2.5.8).
17 September 2013
The Waitangi Tribunal declined to inquire urgently into the claim seeking remedies recommendations about the Crown's proposal to auction management rights to radio spectrum in the 700 MHz band. This is the spectrum freed up by the switchover to digital television.
Download Wai 2224, 2.5.8 Decision of the Tribunal on the application for an urgent remedies hearing here (504KB PDF). read more
The Legal Research Foundation is holding a conference, with the support of Te Hunga Rōia Māori o Aotearoa The New Zealand Māori Law Society, on Māori Legal Issues.
The conference will be held on Friday 29 November at the Pullman Hotel in Auckland.
Justice Joe Williams will chair the conference. Speakers and commentators will cover four areas – corporate governance, local government, land and the Treaty of Waitangi.
The conference brochure contains full programme details and the conference speakers. There are special rates for academics and students. Members of the Māori Law Society are offered the Legal Research Foundation member registration rate.
Māori Appellate Court
Withdrawal from a mandated iwi organisation under the Māori Fisheries Act 2004 - Te Rūnanga o Ngāti Hine v Te Rūnanga ā iwi o Ngāpuhi (2013) Māori Appellate Court MB 89
Costs award - Pirika v Eru (2013) Māori Appellate Court MB 285
Māori Land Court
Ownership
Ownership of dwelling – applicant entitled to be compensated on constructive trust principles – Rautangata v Rautangata– Opuatia No 6D No 2D Block (2013) 63 Waikato Maniapoto MB 132 (63 WMN 132)
Status of land
Status of land – administration of estate; land assumed Māori freehold land - Deputy Registrar – Lot 1 DP 2811 (2013) 18 Te Waipounamu MB 287
Appeals
Stay against injunction pending appeal – concurrent jurisdiction of first instance and appellate court - Nicholls v Nicholls (2013) 55 Waikato Maniapoto MB 288
Trusts
Applicants absolved from personal liability for decision of majority of trustees - Bidois v Trustees of Te Rimu Trust – Tokata A14 and other blocks (2013) 31 Tairawhiti MB 95
Appointment of trustees - suitability for appointment, conduct - Te Tii (Waitangi) B3 Trust (2013) 62 Taitokerau MB 115
Appointment of trustees - proposal for implementation of a weighted voting system endorsed – Stone - Pukepuke Tangiora Estate (2013) 26 Tākitimu MB 64
Appointment of trustees - declined due to lack of support – Davis - Torere Reserves Trust (2013) 82 Waiariki MB 267
Appointment of trustees - failure to follow agreed processes – Tukapua - Horowhenua 11B 36 2L 4A Block (Kawiu Marae) (2013) 307 Aotea MB 117
Enforcing trustee obligations – Mansfield v Pomana (No 2) (2013) 24 Takitimu MB 287
Succession
Succession – Court unable to look at orders made over 10 years ago - whāngai entitled to life interest – James Savage - Goulton (2013) 65 Taitokerau MB 1 (65 TTK 1)
Succession – will void where no class of persons identified – Foreman v Sanders – Estate of Rachel Ngeungeu Zister (2013) 63 Waikato Maniapoto MB 286 (63 WMN 286)
Succession - life interest unaffected by change to relationships statutory references - Tuiono - Joanna Davis (2013) 58 Taitokerau MB 269
Waitangi Tribunal
Waitangi Tribunal declines urgent inquiry into radio spectrum auction - Wai 2224, 2.5.8 Decision of the Tribunal on the application for an urgent remedies hearing
Law Reform
Resource Management Act 1991 - 2013 phase of RMA reform
Māori Community Development Act 1962 - consultation on its future
Māori Law Review news
Sir Edward Taihakurei Durie student essay competition 2013 - Laura Hardcastle from Victoria University of Wellington is the competition winner.
Print version
Download the Māori Law Review September 2013 (614 KB PDF).
Te Rūnanga o Ngāti Hine v Te Rūnanga ā iwi o Ngāpuhi
22 March 2013
(2013) Māori Appellate Court MB 89 (2013 APPEAL 89)
The Māori Appellate Court dismissed the appeal by Te Rūnanga o Ngāti Hine from the decision of the Māori Land Court declining its application for declarations about the effect of a Treaty settlement negotiations mandate proposal on Ngāti Hine's entitlement to withdraw from the mandated iwi organisation it belonged to for fisheries purposes.
Download Te Rūnanga o Ngāti Hine v Te Rūnanga ā iwi o Ngāpuhi here (541 KB PDF). read more
Pirika v Eru
Māori Appellate Court (2013) Māori Appellate Court MB 285
Costs of $3000 plus disbursements awarded in exercise of Court's discretion of reasonable contribution to successful party.
Download Pirika v Eru (2013) Māori Aopellate Court MB 285 (105 KB PDF) here.
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Rautangata v Rautangata– Opuatia No 6D No 2D Block
Māori Land Court (2013) 63 Waikato Maniapoto MB 132 (63 WMN 132)
26 September 2013
Mrs Rautangata and her late husband built a home and other buildings on Opuatia 6D 2D. The Court considered Mrs Rautangata was entitled to be compensated on constructive trust principles for the substantial contributions she made to the buildings and associated developments although the dwelling was a fixture attached to the ownership of the land. However, further evidence was required so the Court could make some assessment as to what buildings would be sufficient to meet the value of Mrs Rautangata’s contributions.
Download Rautangata v Rautangata– Opuatia No 6D No 2D Block (100 KB PDF) here. read more
Deputy Registrar – Lot 1 DP 2811
Māori Land Court (2013) 18 Te Waipounamu MB 287
Land status determined as general land. Land had been assumed Māori freehold land because of history of succession and status of parent block.
Download Deputy Registrar – Lot 1 DP 2811 (2013) 18 Te Waipounamu MB 287 here (117 KB PDF). read more
