Injunction – application adjourned to allow for more information to be provided – Taueki v Horowhenua District Council
Taueki v Horowhenua District Council - Horowhenua (11) Lake
Māori Land Court (2013) 298 Aotea MB 263 (298 AOT 263)
28 February 2013
Interim decision of Judge Harvey adjourning an application for an injunction.
Download Taueki v Horowhenua District Council - Horowhenua (11) Lake here (190 KB PDF). read more
Injunction – application dismissed by consent – Horton v Māori Trustee
Horton v Māori Trustee - Awarua 3D3 No 12B and Awarua 3D3 No 13
Māori Land Court (2013) 297 Aotea MB 178 (297 AOT 178)
14 February 2013
Application for injunction dismissed by consent. The parties had reached a sensible outcome and had agreed upon terms.
Download Horton v Māori Trustee - Awarua 3D3 No 12B and Awarua 3D3 No 13 here (101 KB PDF). read more
Tribunal declines to use binding powers in recommending remedies for Ngāti Kahu
The Ngāti Kahu Remedies Report (pre-publication edition)
Waitangi Tribunal (Wai 45, 2013)
4 February 2013
The Waitangi Tribunal has declined to exercise its powers to compel the Crown to transfer property to Ngāti Kahu to remedy the iwi's well-founded historical Treaty claims. While the Tribunal found that redress for the wrongful dispossession of 70 per cent of Ngāti Kahu lands by 1865 is long overdue, the circumstances of wider Treaty settlement negotiations in the far north did not warrant the use of its binding powers.
Download the Ngāti Kahu Remedies Report here. read more
Status of land – no change to General land for purpose of sale where sale is a mere possibility – Thornton
Thornton - Opanake 2K2K and Opanake 2K2L2
Māori Land Court (2013) 55 Taitokerau MB 28 (55 TTK 28)
21 February 2013
Application to change status from Māori freehold land to General land dismissed. The requested change did not relate to a specific plan for the land as sale was a mere possibility. Moreover, there was no evidence that the land's status as Māori freehold land was an impediment to its sale.
Download Thornton - Opanake 2K2K and Opanake 2K 2L 2 (2013) 55 Taitokerau MB 28 (63 KB PDF) here. read more
Book review – Treaty of Waitangi Settlements
Overview
Treaty of Waitangi Settlements
Nicola R Wheen and Janine Hayward (eds)
Bridget Williams Books, Wellington, 2012 (283 pages)
Reviewed by Tom Bennion, Bennion Law read more
January 2013 Kohi-tātea – Contents
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
Possession – mortgagee granted possession – orders of the lower Court substituted – Rangitukunoa
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
Jurisdiction – no determination – interlocutory orders or directions are not susceptible to appeal – Davis
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
Jurisdiction – Appellate Court has no jurisdiction to hear matters simply referred from a Judge in Chambers – Bowers
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
Costs – previous award altered – Muru v Te Aho
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
Māori reservation approved for a whare wānanga for kaupapa waka – Busby
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).