Nicholls v Nicholls
Māori Land Court (2013) 55 Waikato Maniapoto MB 288
Application dismissed for stay against injunction pending appeal. First instance court and appellate court have concurrent jurisdiction to determine applications for stay pending appeal.
Download Nicholls v Nicholls here (1.6 MB PDF). read more
Bidois v Trustees of Te Rimu Trust – Tokata A14 and other blocks
Māori Land Court (2013) 31 Tairawhiti MB 95
Successful application by trustees to be absolved from any personal liability for decision of majority of trustees to enter a lease.
Download Bidois v Trustees of Te Rimu Trust – Tokata A14 and other blocks here (153 KB PDF). read more
Te Tii (Waitangi) B3 Trust
Māori Land Court (2013) 62 Taitokerau MB 115
Issue of whether 'performance' of a whakapohane made a person unsuitable for appointment as a trustee. Matter adjourned to obtain views of beneficiaries at next AGM.
Download Te Tii (Waitangi) B3 Trust here (90KB PDF). read more
Davis - Torere Reserves Trust
Māori Land Court (2013) 82 Waiariki MB 267 (82 WAR 267)
17 September 2013
Application to appoint replacement trustees dismissed on the ground that the two nominees no longer enjoyed the support of the beneficiaries.
Download Davis - Torere Reserves Trust here (148 KB PDF). read more
Stone - Pukepuke Tangiora Estate
Māori Land Court (2013) 26 Tākitimu MB 64 (26 TKT 64)
5 September 2013
Directions sought regarding the process for nomination and election of replacement trustees. Existing trustees' preferred option (a weighted voting system) was found to be sensible and practical.
Download Stone - Pukepuke Tangiora Estate here (105 KB PDF). read more
Tukapua - Horowhenua 11B 36 2L 4A Block (Kawiu Marae)
Māori Land Court (2013) 307 Aotea MB 117
2 September 2013
Appointment of trustees. Court refused to appoint trustees selected as a result of a flawed election process. Further election directed.
Download Tukapua - Horowhenua 11B 36 2L 4A Block (Kawiu Marae) here (124KB PDF). read more
Māori Land Court (2013) 24 Takitimu MB 287
5 July 2013
Second interim judgment in enforcement proceedings. Overpayment of dividends to some beneficial owners and possible misappropriation. Resignation of one trustee and two others consented to becoming advisory trustees. Directions to remaining trustees ahead of next stage in proceedings.
Download Mansfield v Pomana – Matahiwi 1A & 2 Blocks (2013) 24 Takitimu MB 287 here (168KB PDF). read more
James Savage - Goulton
Māori Land Court (2013) 65 Taitokerau MB 1 (65 TTK 1)
6 September 2013
Applications for succession to the interests of five of the 12 children of the late William Goulton II and Rangi Goulton. The Court explained orders made over 10 years prior were conclusive unless an application was made for the exercise of the Chief Judge's powers. The evidence established the whāngai child did not whakapapa to the land and so could receive a life interest. The Court adjourned the applications so the whānau could discuss whether the interests in land should be placed into a whānau trust.
Download James Savage - Goulton (96 KB PDF) here. read more
Foreman v Sanders – Estate of Rachel Ngeungeu Zister
Māori Land Court (2013) 63 Waikato Maniapoto MB 286 (63 WMN 286)
27 September 2013
This case concerned the interpretation of Mrs Zister’s will. The Court considered the clauses at issue were void and of no effect. Accordingly, the contested interests were to pass in accordance with the rules on intestacy set out in s 109.
Download Foreman v Sanders – Estate of Rachel Ngeungeu Zister (192 KB PDF) here. read more
Tuiono – Joanna Davis
Māori Land Court (2013) 58 Taitokerau MB 269 (58 TTK 269)
3 May 2013
Life interest in Māori land granted on intestacy unaffected by 2005 change to relationships statutory references.
Download Tuiono – Joanna Davis (2013) 58 Taitokerau MB 269 here (312 KB PDF). read more
Jacinta Ruru discusses the proposed reform of the Resource Management Act 1991 announced by the Environment Minister Amy Adams on 10 August 2013.
Download the Resource Management Summary of Reform Proposals 2013 here (1.5MB PDF). read more
Trustees – conflicts of interest - Naera v Fenwick [2013] NZCA 353
Ownership of land
Access across roadway reserve – anomalous situation requiring determination of rights and interests – Yates v Te Kohanga Trust - Te Kohanga Lots 1, 3-16, 24 and 27 (2013) 63 Taitokerau MB 299 (63 TKT 299)
Representation
No utility in determining representatives for Treaty settlement negotiations where Crown does not agree to be bound – Te Toki – Hako Hauraki (2013) 2013 Chief Judge’s MB 456
Chief Judge's Powers
Roadway order cancelled subject to conditions – The Trustees of Tauwhao Te Ngare Trust v Shaw - Tauwhao Te Ngare Block [2013] Chief Judge's MB 567
Exceptional evidence required to amend historic orders – Payne - Estate of Hami Te Maunu [2013] Chief Judge's MB 598
Ahu whenua trust cancelled – Skerrett-White – Allotments 302-315 Town of Richmond and Richmond Township Allotments 18-20 (2013) Chief Judge’s MB 473
Vesting of gifted shares cancelled - Fisher v Fisher – Mura Rattenbury (2013) 2013 Chief Judge’s MB 272
Costs
High award made against respondent - Thomas Baker Whānau Trust v Baker - Tarawera 5A (2013) 25 Takitimu MB 197
High award made against respondent - Māori Trustee v Forde - Section 186 Block V Longwood Survey District (2013) 19 Te Waipounamu MB 249
Award in favour of successful trustees foreshadowed - Paul v Trustees of Ruawahia 2B – Ruawahia 2B (2013) 79 Waiariki MB 108
Status of land
Change of status to general land refused - Martin – Lot 2 DPSA 26130 (2013) 59 Waikato Maniapoto MB 154
Roadways and survey
Roadway order varied - Chambers v Tawhiti Block Trust – Mangahaunui No 1 Roadline (2013) 31 Tairawahiti MB 165
Dismissal of application to survey wāhi tapu area - Deputy Registrar - Onewhero B (Burial Reserve) (2013) 61 Taitokerau MB 119
Alienation and succession
Succession - adoptee seeking biological brother’s land interests on intestacy - Martin – Estate of Jackie Te Ratu Tio (2013) 305 Aotea MB 1
Gift of land not confirmed as no evidence of preferred class of alienees - Prime (2013) 61 Taitokerau MB 133
Application by surviving spouse to succeed to life interest dismissed - Tahuparae (2013) 60 Taitokerau MB 46
Rehearings
Application for rehearing dismissed - Livingstone v Trustees of Lake Taupo Forest Trust (2013) 305 Aotea MB 188
Trusts
Transfer of occupation order to whānau trust adjourned - Phillips v Trustees of Te Rina Whānau Trust – Wharekahika D15 (2013) 31 Tairawhiti MB 175
Enforcing trustee obligations - Mansfield v Pomama (2013) 22 Tākitimu MB 123
Court’s power to appoint trustees to an Ahu Whenua Trust - Waimana 1C1A2B2 Trust v Tuna – Waimana No 1C No1A No2B No2 (2013) 76 Waiariki MB 19
Application for removal of trustees dismissed, interim injunction extended for six weeks – Taueki v Trustees of Horowhenua 11 (Lake) Part Reservation Trust (2013) 306 Aotea MB 175
Māori Community Development Act 1962 - consultation on its future
Sir Edward Taihakurei Durie student essay competition 2013 - the competition winner will be announced on 8 October 2013.
Download the Māori Law Review August 2013 (578 KB PDF).
Naera v Fenwick
Court of Appeal [2013] NZCA 353
8 August 2013
Some of the beneficiaries of the Whakapoungakau 24 Ahu Whenua Trust objected to their trustees entering into a joint venture to establish a geothermal power station. These beneficiaries challenged the trustees’ power to enter into the agreement. They were unsuccessful in the Maori Land Court and in the Maori Appellate Court.
On appeal to the Court of Appeal, the appeal was allowed on one issue (whether the courts below had addressed trustee conflicts of interest appropriately). The case was remitted back to the Maori Land Court for further hearing on that issue.
Download Naera v Fenwick [2013] NZCA 353 (375 KB PDF) here. read more
Nicholls v Nicholls - WT Nicholls Trust
Māori Land Court (2013) 60 Waikato Maniapoto MB 134 (60 WMN 134)
6 August 2013
Decision on costs following injunction proceedings. The applicants sought costs of $47,649.85, arguing costs should follow the event. The respondents opposed the application on the grounds that costs do not always follow the event and there is a presumption against an award of costs in relation to litigation between whānau members. The Court declined the application in the interests of preserving the ongoing whānau relationship.
read more
Thomas Baker Whānau Trust v Baker - Tarawera 5A
Māori Land Court (2013) 25 Takitimu MB 197 (25 TKT 197)
7 August 2013
Decision on costs following proceedings regarding access to a whānau urupā. The applicant for costs (Baker, the respondent in the substantive proceeding) sought full indemnity costs. The Court awarded 80% of costs, finding the respondent Trust had taken a scatter gun approach and forced the applicant to expend considerable time and funds defending an application which was largely outside of the Court's jurisdiction.
read more
The Trustees of Tauwhao Te Ngare Trust v Shaw - Tauwhao Te Ngare Block
Māori Land Court [2013] Chief Judge's MB 567 (2013 CJ 567)
9 August 2013
A 1976 roadway order was cancelled subject to an alternative roadway being agreed on in order to mitigate adverse effects upon both the applicants and respondent. While errors of law had been made in the creation of the roadway order, it was in the interests of justice find a workable solution for both parties.
Download The Trustees of Tauwhao Te Ngare Trust v Shaw - Tauwhao Te Ngare Block here (194 KB PDF). read more
Payne - Estate of Hami Te Maunu
Māori Land Court [2013] Chief Judge's MB 598 (2013 CJ 598)
12 August 2013
Unsuccessful application seeking exercise of Chief Judge's powers to amend succession orders made in 1904 which excluded the siblings and descendants of Hami Te Maunu from succession. There was no evidence to establish that Te Maunu held the land on trust. In order to amend orders that have stood unchallenged for over 100 years, applicants must provide evidence of "an exceptional nature".
Download Payne - Estate of Hami Te Maunu here (322 KB PDF). read more
Skerret-White – Allotments 302-315 Town of Richmond and Richmond Township Allotments 18-20
Māori Land Court (2013) Chief Judge’s MB 473
Successful application to set aside an ahu whenua trust created in 1998.
Download Skerret-White – Allotments 302-315 Town of Richmond and Richmond Township Allotments 18-20 (394 KB PDF) here. read more
Yates v Te Kohanga Trust - Te Kohanga Lots 1, 3-16, 24 and 27
Māori Land Court (2013) 63 Taitokerau MB 299 (63 TKT 299)
19 August 2013
Here a public reserve (Lot 1) was in the ownership of an ahu whenua trust. This slightly anomalous situation had led to confusion over the Trust’s rights, interests and powers in respect of the land. The Court made an order under s 18(1) determining the rights and interests that apply to Lot 1, and setting out the trust’s powers over the land.
Download Yates v Te Kohanga Trust - Te Kohanga Lots 1, 3-16, 24 and 27 (225 KB PDF) here. read more
Te Toki – Hako Hauraki
Māori Land Court (2013) 2013 Chief Judge’s MB 456 (2013 CJ 456)
12 July 2013
Application dismissed to determine representatives for Treaty settlement negotiations. Crown did not agree to be bound.
Paul v Trustees of Ruawahia 2B – Ruawahia 2B
Māori Land Court (2013) 79 Waiariki MB 108 (79 WAR 108)
12 July 2013
Review of trust proceedings. Successful trustee respondents sought costs. Intention to award costs foreshadowed and application adjourned for information on actual costs to be supplied.
Martin – Lot 2 DPSA 26130
Māori Land Court (2013) 59 Waikato Maniapoto MB 154
12 July 2013
Application for change of status refused. Applicants mistakenly believed land was General land when they purchase it. No evidence to satisfy Court the land could be managed or utilised more effectively as General land.
Download Martin – Lot 2 DPSA 26130 (2013) 59 Waikato Maniapoto MB 154 here (136 KB PDF). read more
Chambers v Tawhiti Block Trust – Mangahaunui No 1 Roadline
Māori Land Court (2013) 31 Tairawahiti MB 165 (31 TRW 165)
16 July 2013
Roadway order varied and final orders made for application before court for over 10 years.
Download Chambers v Tawhiti Block Trust – Mangahaunui No 1 Roadline (2013) 31 Tairawahiti MB 165 here (173 KB PDF).
read more
Martin – Estate of Jackie Te Ratu Tio
Māori Land Court (2013) 305 Aotea MB 1 (305 AOT 1)
17 July 2013
Determination of path of succession to on intestacy without issue of the applicant's biological brother.
Download Martin – Estate of Jackie Te Ratu Tio (2013) 305 Aotea MB 1 here (138 KB PDF). read more
Phillips v Trustees of Te Rina Whānau Trust – Wharekahika D15
(2013) 31 Tairawhiti MB 175 (31 TRW 175)
17 July 2013
Adjournment of application to transfer occupation order to whānau trust. Section 45 application in prospect and possible application for review under s 330A.
Download Phillips v Trustees of Te Rina Whānau Trust – Wharekahika D15 (2013) 31 Tairawhiti MB 175 (121 KB PDF) here. read more