Prime - Tapui Lot 33 DP113755
Māori Land Court (2013) 61 Taitokerau MB 133
28 June 2013
Application to gift land dismissed. No evidence giftee of hapū within preferred class of alienees.
Download Prime – Tapui Lot 33 DP113755 (2013) 61 Taitokerau MB 133 (73 KB PDF) here. read more
Tahuparae – Marino Henare Pumipi Rangitihi Tahuparae
Māori Land Court (2013) 60 Taitokerau MB 46 (60 TTK 46)
5 June 2013
Application for life interest dismissed. Possible appointment of administrator of estate.
Download Tahuparae – Marino Henare Pumipi Rangitihi Tahuparae 60 Taitokerau MB 46 here (94 KB PDF). read more
Livingstone v Trustees of Lake Taupo Forest Trust –Lake Taupo Forest Trust
(2013) 305 Aotea MB 188 (305 AOT 188)
Māori Land Court
Application for rehearing dismissed.
18 July 2013
Download Livingstone v Trustees of Lake Taupo Forest Trust –Lake Taupo Forest Trust (2013) 305 Aotea MB 188 here (156 KB PDF). read more
Fisher v Fisher – Mura Rattenbury
Māori Land Court (2013) 2013 Chief Judge’s MB 272 (2013 CJ 272)
22 May 2013
Successful application to Chief Judge to correct factual errors leading to vesting order. 2006 order vesting gifted shares cancelled.
Download Fisher v Fisher – Mura Rattenbury (2013) 2013 Chief Judge’s MB 272 (2013 CJ 272) (978 KB PDF) here. read more
Māori Trustee v Forde - Section 186 Block V Longwood Survey District
Māori Land Court (2013) 19 Te Waipounamu MB 249 (19 TWP 249)
22 August 2013
Decision as to costs following landlocked land proceedings. Successful applicant sought an award for 80% of costs incurred. The Court made an award for 70% of costs because although the circumstances justified a high award, the conduct of the respondents was not so unreasonable as to justify an 80% award. read more
Waimana 1C1A2B2 Trust v Tuna – Waimana No 1C No1A No2B No2
Māori Land Court (2013) 76 Waiariki MB 19 (76 WAR 19)
24 May 2013
Election and appointment of trustees to ahu whenua trust.
Download Waimana 1C1A2B2 Trust v Tuna – Waimana No 1C No1A No2B No2 here (160 KB PDF). read more
Deputy Registrar – Onewhero B (Burial Reserve)
(2013) 61 Taitokerau MB 119 (61 TTK 119)
Māori Land Court
25 June 2013
Application for survey requisition dismissed. Observation that Land Information New Zealand should issue provisional title for block in absence of survey.
Download Deputy Registrar – Onewhero B (Burial Reserve) (2013) 61 Taitokerau MB 119 here (78 KB PDF) here. read more
Mansfield v Pomana - Matahiwi 1A & 2 other blocks
Māori Land Court (2013) 22 Tākitimu MB 123 (22 TKT 123)
28 March 2013
Enforcement of trust obligations; independent trustee appointed for 12 months.
Download Mansfield v Pomama – Matahiwi 1A & 2 other blocks here (290KB PDF).
Taueki v Trustees of Horowhenua 11 (Lake) Part Reservation Trust
Māori Land Court (2013) 306 Aotea MB 175 (306 AOT 175)
9 August 2013
Application for the removal of trustees dismissed. Interim injunction extended only for six weeks to allow the applicant to remove his personal property and find alternative accommodation.
Download Taueki v Trustees of Horowhenua 11 (Lake) Part Reservation Trust here(115 KB PDF). read more
The Treaty in the constitution conversation - Craig Linkhorn
Māori, the Treaty and the Constitution - Rt. Hon. Sir Geoffrey Palmer QC
Transition from tradition to modernity - Colin James
Māori constitutionality (and the Treaty of Waitangi) - Māmari Stephens
The Treaty as a normal part of our public life - Amy Dixon
How should we change the way we do business with one another? - Duran Moy
Giving greater effect to Treaty obligations in our constitution would be good for our natural environment - Emma Smith
A constitution includes a hapū, whānau, iwi and Crown relationship - Marama Broughton
The Treaty of Waitangi should play more than a role in our constitution - Julia Whaipooti
Injunction – Court will not interfere where trust acts in accordance with trust order – Taueki v Horowhenua Sailing Club Limited - Horowhenua (11) Lake (2013) 304 Aotea MB 288
Trusts - management - application for rehearing dismissed - Livingstone v Trustees of Lake Taupo Forest Trust - Lake Taupo Forest Trust (2013) 305 Aotea MB 188
Occupation orders - order not to take effect until lease terminates - Paterson - Ahiateatua A8B (2013) 31 Tairawhiti MB 109
Sir Edward Taihakurei Durie student essay competition 2013 - the competition winner will be announced on 8 October 2013
Download the Māori Law Review July 2013 (655 KB PDF).
Taueki v Horowhenua Sailing Club Limited - Horowhenua (11) Lake
Māori Land Court (2013) 304 Aotea MB 288 (304 AOT 288)
12 July 2013
Application for injunction dismissed. The Court will not interfere when a trust is acting in accordance with its trust order and the general principles of trust law.
Download Taueki v Horowhenua Sailing Club Limited - Horowhenua (11) Lake here (129 KB PDF). read more
Livingstone v Trustees of Lake Taupo Forest Trust - Lake Taupo Forest Trust
Māori Land Court (2013) 305 Aotea MB 188 (305 AOT 188)
18 July 2013
Application for rehearing following a review of trust. Mr Livingstone contended that the judgment concluding and dismissing the review did not address his claims concerning the use of 1080 poison on trust lands. The Court dismissed the application as there was no cause for the Court to interfere in the management of the Trust.
Download Livingstone v Trustees of Lake Taupo Forest Trust - Lake Taupo Forest Trust (156 KB PDF) here. read more
Paterson - Ahiateatua A8B
Māori Land Court (2013) 31 Tairawhiti MB 109 (31 TRW 109)
9 July 2013
An occupation order was granted subject to compliance with other regulatory requirements and obtaining an easement. The land was subject to a lease and the lessee withdrew consent. The Court granted an easement in favour of the holder of the earlier granted occupation order noting that neither the easement nor the occupation order can take effect until the lease terminates in 2019.
Download Paterson - Ahiateatua A8B (159 KB PDF) here. read more
Jurisdiction – counter-claims have no independent standing – Māori Trustee v Greening – Pirikotahi 9A2, 9B1, 9B2A and 9B2C2 (2013) 60 Taitokerau MB 78 (60 TTK 78)
Occupation orders - Court declined to cancel occupation orders - Hemi - Te Pupuke E1G1A (2013) 60 Taitokerau MB 151
Status of land - Shepherd v Popata – Konoti A No5 South 2B2 (2013) 57 TTK 47
Special aid, retrospective application - Wano v Ngāti Hineuru Iwi Incorporated (2013) 22 TKT 276
Trusts:
Trust obligations, enforcement - Lomax v Apatu – Awarua o Hinemanu Trust (2013) 22 TKT 282
Removal of trustee – Waho-Blayney v Taueki - Ihaia Taueki Trust (2013) 303 Aotea MB 81
Trusts – variation – lower Court erred by basing its decision on evidence received after the hearing had concluded - Tatere - Mangatainoka No 1BC No 2C, Tamaki 2A2A (Balance) [2013] 2013 Māori Appellate Court MB 243
Incorporations:
Special General Meeting requirements met, practical objections irrelevant - Morehu v Committee of Management of the Opawa Rangitoto 2C Incorporation – Opawa Rangitoto 2C Incorporation (2013) 74 WAR 97
The Māori Language Act 1987 – a ‘lesser’ right to speak Māori in the Waitangi Tribunal? - Waitangi Tribunal Ruling concerning cross-examination in te reo Māori Wai 898, 7 February 2013
Procedure in the Waitangi Tribunal after Haronga - Carwyn Jones reviews Waitangi Tribunal decisions on applications for urgent inquiries since Haronga v Waitangi Tribunal [2011] NZSC 53
Māori in the seafood sector (fisheries and aquaculture) – the year in review by Justine Inns
Photographs from the symposium
Download the Māori Law Review June 2013 (588 KB PDF).
Māori Trustee v Greening – Pirikotahi 9A2, 9B1, 9B2A and 9B2C2
Māori Land Court (2013) 60 Taitokerau MB 78 (60 TTK 78)
6 June 2013
The issue for determination in this case was whether Mr Greening was able to pursue a counter-claim against the Māori Trustee after the Māori Trustee had withdrawn its original application. The Court considered Mr Greening’s counter-claim was dependent upon the continuation of the Māori Trustee’s application.
Download The Māori Trustee v Greening – Pirikotahi 9A2, 9B1, 9B2A and 9B2C2 (71.4 KB PDF) here. read more
Hemi - Te Pupuke E1G1A
Māori Land Court (2013) 60 Taitokerau MB 151 (60 TTK 151)
12 June 2013
Application to cancel occupation orders. The applicants applied to have their occupation orders cancelled and replaced by occupation licences in the hopes that this would decrease their rates liability. The Court declined to cancel the orders.
Download Hemi - Te Pupuke E1G1A (1.18 MB PDF) here. read more
Waho-Blayney v Taueki - Ihaia Taueki Trust
Māori Land Court (2013) 303 Aotea MB 81 (303 AOT 81)
14 June 2013
Removal of trustee who was unable and unwilling to work with other trustees and who interfered with the lessees' right to quiet enjoyment.
Download Waho-Blayney v Taueki - Ihaia Taueki Trust here (128 KB PDF). read more
Tatere - Mangatainoka No 1BC No 2C, Tamaki 2A2A (Balance)
[2013] 2013 Māori Appellate Court MB 243 (2013 APPEAL 243)
14 June 2013
Appeal allowed where the lower Court erred by basing its decision on evidence received after the hearing had concluded.
Download Tatere - Mangatainoka No 1BC No 2C, Tamaki 2A2A (Balance) here (261 KB PDF) read more
Shepherd v Popata – Konoti A No5 South 2B2
Māori Land Court (2013) 57 Taitokerau MB 47 (57 TTK 47)
5 April 2013
Discrepancy between Court and land transfer system records; orders of the Court conclusive after 10 years; determination of land status and declaratory consolidated order in favour of applicants; no lost instrument of alienation so s 25 inapplicable.
Download Shepherd v Popata – Konoti A No5 South 2B2 here (608KB PDF). read more
Lomax v Apatu – Awarua o Hinemanu Trust
Māori Land Court (2013) 22 Tākitimu MB 282 (22 TKT 282)
12 April 2013
Unexplained expenditure and failure to secure income for use of the trust's lands led to the Court removing all but one of the trustees and appointing new responsible and advisory trustees for six months.
Download Lomax v Apatu – Awarua o Hinemanu Trust here (517KB PDF). read more
Wano v Ngāti Hineuru Iwi Incorporated
Māori Land Court (2013) 22 Tākitimu MB 276 (22 TKT 276)
12 April 2013
A retrospective grant was ordered from the special aid fund 'by a narrow margin' for a proportion of work to date.
Download Wano v Ngāti Hineuru Iwi Incorporated here (150KB PDF). read more
Morehu v Committee of Management of the Opawa Rangitoto 2C Incorporation – Opawa Rangitoto 2C Incorporation
Māori Land Court (2013) 74 Waiariki MB 97 (74 WAR 97)
16 April 2013
Directions issued that threshold for an SGM of the Incorporation by requisiton met.
Download Morehu v Committee of Management of the Opawa Rangitoto 2C Incorporation – Opawa Rangitoto 2C Incorporation here (219KB PDF). read more
Tai Ahu examines a Waitangi Tribunal ruling limiting use of te reo Māori (the Māori language) by counsel. read more
Māori Law Review Co-editor Carwyn Jones reviews Waitangi Tribunal decisions on applications for urgent inquiries following the Supreme Court's judgments in Haronga v Waitangi Tribunal [2011] NZSC 53. read more