Falwasser v Olsen - Matata Parish 6A
Māori Land Court (2014) 107 Waiariki MB 74 (107 WAR 74)
3 November 2014
Application for an interim injunction to prevent the trustees of Matata Parish Lot 6A Ahu Whenua Trust from entering into a lease with the Whakatāne District Council. The application was dismissed as the trustees have the power to enter into the lease.
Download Falwasser v Olsen - Matata Parish 6A (149 KB PDF) here.
Scott - Erueti Te Karu
Māori Land Court [2014] Chief Judge's MB 260 (2014 CJ 260)
17 June 2014
Application for exercise of Chief Judge's powers dismissed. A decision by the Court in 1967 vesting interests in land in one beneficiary to the exclusion of others was within the Court's jurisdiction.
Download Scott - Erueti Te Karu here (196 KB PDF). read more
Kaka v Ruapehu District Council - Ohura South N2E1B
Māori Land Court (2014) 328 Aotea MB 176 (328 AOT 176)
18 November 2014
Mr Kaka sought a rehearing of an application for a charging order over Ohura South N2E1B. The application was granted as there was no irrefutable evidence proving whether Mr Kaka was notified of the application.
Download Kaka v Ruapehu District Council - Ohura South N2E1B (195 KB PDF) here. read more
Fisher v Potroz - Mohakatino Paraninihi No 1C West 3A2
Māori Land Court (2014) 328 Aotea MB 225 (328 AOT 225)
21 November 2014
Application for rehearing declined. The Court considered that to grant a rehearing would simply allow the applicants an opportunity to be heard in circumstances where the substantive outcome would not alter.
Download Fisher v Potroz - Mohakatino Paraninihi No 1C West 3A2 (209 KB PDF) here. read more
Wawatai (Tate) - Te Raana Waiti
Māori Land Court (2014) 88 Taitokerau MB 233 (88 TTK 233)
7 October 2014
Application for succession to further interests. The Court is in general bound to decide cases consistently with earlier decisions on the same matter and following binding precedent.
Download Wawatai (Tate) - Te Raana Waiti (108 KB PDF) here. read more
The Māori Trustee v O'Rorke - Pukekohatu 7B
Māori Land Court (2014) 329 Aotea MB 79 (329 AOT 79)
28 November 2014
Partial termination of an ahu whenua trust. Pukekohatu 7B was revested in its beneficial owners and the Pukekohatu 7B Trust was constituted pursuant to s 215 of Te Ture Whenua Māori Act 1993, to which the Māori Trustee was appointed responsible trustee. This outcome was found to provide a practical solution to competing uses of land and allowed for retention of the land in the owners' hands while allowing use and development in accordance with the parties' wishes.
Download The Māori Trustee v O'Rorke - Pukekohatu 7B here (309 KB PDF). read more
Waaka - Te Manawa o Tuhoe A block
Māori Land Court (2014) 103 Waiariki MB 2 (103 WAR 2)
25 August 2014
Preliminary determination as to whether estoppel applies as the applicant was privy to the earlier decision. As the applicant only had limited involvement the doctrine of estoppel does not apply.
Download Waaka - Te Manawa o Tuhoe A block here (266 KB PDF). read more
Morris - Ngapini and Tarawa Trust
Māori Land Court (2014) 36 Takitimu MB 186 (36 TKT 186)
25 November 2014
Applications for various orders following a review of the Ngapini and Tarawa Trust. A meeting of owners was held and a number of resolutions were unanimously passed. After the meeting a number of objections were raised as to the validity of the procedure followed at the meeting. The Court found the meeting was convened and run correctly and orders were made giving effect to the resolutions passed.
Download Morris - Ngapini and Tarawa Trust (226 KB PDF) here. read more
Moetara - Pakanae 2Y3A
Māori Land Court (2014) 88 Taitokerau MB 242 (88 TTK 242)
8 October 2014
Pakanae 2Y3A was administered as part of the Ngā Uri o Iehu Moetara Ahu Whenua Trust. The Court granted an application to partially terminate the trust and change the status of the land to Māori Freehold land. The land was then vested in a whānau trust.
Download Moetara - Pakanae 2Y3A (144 KB PDF) here. read more
Moanaroa v Ruwhiu - The Kaiawhina Trust
Māori Land Court (2014) 91 Taitokerau MB 29 (91 TTK 29)
19 November 2014
Exparte application for the removal and replacement of the trustees of the Kaiawhina Trust. In dismissing the application the Court noted it was unclear whether the applicants were beneficiaries of the Trust and that grounds were not made out for the Court to intervene.
Download Moanaroa v Ruwhiu - The Kaiawhina Trust (128 KB PDF) here. read more
Graham - Waihou-Hutoia X Māori Reservation (Piki Te Aroha Marae)
Māori Land Court (2014) 88 Taitokerau MB 258 (88 TTK 258)
8 October 2014
An application was made for the appointment of trustees following an election process. Later there was an attempt to withdraw this on the basis the elections breached the Marae Charter. The Court decided it would be inappropriate to allow the application to be withdrawn and proceeded to rule the elections did not breach the marae charter. Trustees were appointed.
Download Graham - Waihou-Hutoia X Māori Reservation (Piki Te Aroha Marae) (176 KB PDF) here. read more
Trustees of Ihaka Whaanga Whānau Trust v Whaanga - Town Section 90 Mahia and Town Section 91 Mahia
Māori Land Court (2014) 42 Tairāwhiti MB 292 (42 TRW 292)
9 October 2014
Successful application for orders granting return of land wrongfully occupied, a permanent injunction against the respondent, and various other orders relating to compensation and payment of rates and rental in arrears.
Download Trustees of Ihaka Whaanga Whānau Trust v Whaanga - Town Section 90 Mahia and Town Section 91 Mahia here (201 KB PDF). read more
Davis - Ahipara A8B
Māori Land Court (2014) 88 Taitokerau MB 186 (2014 TTK 186)
3 October 2014
Application for an occupation order for Ahipara A8B. Application supported by other owners of the land. Occupation order granted, but for a lesser site than was requested.
Download Davis - Ahipara A8B here. read more
He Whakaputanga me te Tiriti: the Declaration and the Treaty
Waitangi Tribunal (2014, Wai 1040)
The Waitangi Tribunal has released its report He Whakaputanga me te Tiriti: the Declaration and the Treaty about the meaning of the Treaty of Waitangi in February 1840 when it was first signed. The Tribunal's report has been made as the first stage of its inquiry into claims made in its Te Paparahi o te Raki (the great land of the north) district inquiry.
Download He Whakaputanga me te Tiriti: the Declaration and the Treaty here.
He Whakaputanga me te Tiriti: the Declaration and the Treaty
Waitangi Tribunal (Wai 1040, 2014)
Professor David V Williams looks at the Waitangi Tribunal's report about the meaning of the Treaty of Waitangi in February 1840 when it was first signed: He Whakaputanga me te Tiriti: the Declaration and the Treaty.
Download He Whakaputanga me te Tiriti: the Declaration and the Treaty here. read more
Ngāpuhi mandate applications
Waitangi Tribunal (2014 Wai 2341, Wai 2429, Wai 2431, Wai 2433, Wai 2434, Wai 2435, Wai 2436, Wai 2437, Wai 2438, Wai 2440, Wai 2442, and Wai 2443)
12 September 2014
Whanganui River Settlement applications
Waitangi Tribunal (2014 Wai 2428 and Wai 2432)
22 September 2014
The Waitangi Tribunal issued two decisions on applications for urgent hearings of claims that sought to challenge aspects of the process for the negotiation and settlement of historical Treaty claims. One concerned recognition of a mandate to negotiate a settlement of Ngāpuhi’s historical claims. The other concerned the proposed settlement of a number of claims about the Whanganui River. read more
His Hon Judge Heemi Taumaunu
Ngāti Pōrou, Ngāi Tahu
Hoani Waititi Rangatahi Court Judge - Waitākere [1]
In September 2014 Judge Heemi Taumaunu delivered a seminar for the Māori Law Review’s Indigenous Law Speaker Series on key factors in the successful operation of the Rangatahi Courts. Judge Taumaunu presided over the first marae-based youth court, Te Kooti Rangatahi, in Gisborne in 2008. Since 2008, eleven other Rangatahi Courts have been launched around the country. The objective of these courts is to reduce reoffending by Māori youth and to provide the best possible rehabilitative response, by encouraging strong cultural links and meaningful involvement of whānau, hapū and iwi in the youth justice process. Judge Taumaunu is the National Rangatahi Courts Liaison Judge. read more
Historical background to the Tūhoe-Crown Settlement by Dr Vincent O'Malley
Te Wharehou o Tūhoe: The house that ‘we’ built by Professor Rawinia Higgins
Address on Tūhoe-Crown Settlement Day by Hon Christopher Finlayson, Minister for Treaty of Waitangi Negotiations (link to New Zealand Government website)
Tūhoe-Crown settlement - Tūhoe Claims Settlement Act 2014; Te Urewera report of the Waitangi Tribunal by Dr Carwyn Jones
Te Urewera Act 2014 by Dr Jacinta Ruru
A transforming dawn? The Service Management Plan by Māmari Stephens
Rangatahi Courts of Aotearoa/New Zealand - Judge Taumaunu delivered the most recent of our 2014 lunchtime seminars on 24 September 2014 at the Faculty of Law, Victoria University of Wellington.
Sir Edward Taihakurei Durie student essay competition 2014 - Anna Brenstrum, an undergraduate law student at Otago University, has won the 2014 competition.
Student editor 2015 - are you our next student editor? Applications close on 24 October
Download the Māori Law Review October 2014 (559 KB PDF).
Dr Vincent O'Malley provides a concise historical background of events lying behind the Tūhoe-Crown settlement. read more
Professor Rawinia Higgins describes the building of new governance arrangements for Tūhoe along with the journey that saw the construction of a new house for Tūhoe. read more
Dr Carwyn Jones describes the main elements of both the Tūhoe Claims Settlement Act 2014 and the preceding inquiry and report of the Waitangi Tribunal into claims located in the Te Urewera inquiry district. read more
Dr Jacinta Ruru sets out and comments on the main elements of Te Urewera Act 2014. The legislation both facilitates management of Te Urewera by a new Te Urewera Board and declares that Te Urewera is a legal entity. Te Urewera ceases to be a national park as a result of the Act. read more
Māmari Stephens examines Mana Motuhake redress in the Tūhoe-Crown settlement as expressed through a Service Management Plan to improve the social circumstances of the Tūhoe people. read more
Customary title to waterways – Paki v Attorney-General (No 2) [2014] NZSC 118 by Baden Vertongen
Customary title to waterways - Paki v Attorney-General (No 2) [2014] NZSC 118 - comment by Tom Bennion
Customary title to waterways - Paki v Attorney-General (No 2) [2014] NZSC 118 - further comment by Professor Richard Boast
Summary judgment application - succession - Mulder v Heke [2014] NZHC 2098
Injunctions – application adjourned so parties could try to resolve outstanding issues - Trustees of Maungatautari 4G Sec IV v Maungatautari Ecological Island Trust - Maungatautari No 4G Sec IV (2014) 86 Waikato Maniapoto MB 248 (86 TTK 248)
Chief Judge’s powers – determining the interests of justice – Riwai Mokena v Riwai Morgan Whānau Trust - Estate of Tamati Mokena [2014] Chief Judge’s MB 314
Māori reservations – creating a reservation in the face of a possible public works acquisition of land - Grace – Ngarara West A25B2A (2014) 317 Aotea MB 268
Māori reservations – land set aside as urupā – Graham - Parish of Komakorau Lot 240B 2 (2014) 80 Waikato Maniapoto MB 260
Trusts - appointment of replacement trustees - Pene-Stevens - Puhatikotiko 2C2B2 and 2D (2014) 41 Tairawhiti MB 219
Occupation orders - order declined where majority of trustees opposed application - Wairua - Maungaroa No.1 Section 2B Block (2014) 103 Waiariki MB 133
Occupation orders / partition - Court granted occupation order of its own motion - Matchitt - Te Kaha 65 (2014) 104 Waiariki MB 145
Occupation orders - order amended - Howell v Jaram - Omaio 43 Section 4 (2014) 104 Waiariki MB 73
Partition - cancellation – grounds satisfied to reconfigure titles - Thompson - Hauai Ahu Whenua Trust (2014) 87 Taitokerau MB 258 (87 TTK 258)
Costs - award made against former trustees - Hall v Opepe Farm Trust (2014) 104 Waiariki MB 54
Public works - proposed taking not fair, sound or reasonably necessary - Grace v Minister for Land Information [2014] NZEnvC 82
Waitangi Tribunal to inquire in mid-2015 into prohibition on prisoner voting - Wai 2472 - the Electoral (Disqualification of Sentenced Prisoners) Amendment Act Claim (Wai 2472, 2.5.3)
Lex Aotearoa - Hon Justice Joseph Williams delivered the most recent of our 2014 lunchtime seminars on 21 August 2014 at the Faculty of Law, Victoria University of Wellington.
Sir Edward Taihakurei Durie student essay competition 2014 - this competition is now open. Entries close on 1 October 2014.
Download the Māori Law Review September 2014 (615 KB PDF).
Paki v Attorney-General (No 2)
Supreme Court of New Zealand Te Kōti Mana Nui [2014] NZSC 118
29 August 2014
Baden Vertongen reports on the Supreme Court’s decision dismissing a claim of breach of fiduciary duty in relation to a portion of the bed of the Waikato River, but giving much to reflect on in considering the possibility of customary title to waterways. Tom Bennion and Professor Richard Boast have also provided comments on the decision.
Download Paki & Ors v Attorney-General [2014] NZSC 118 here (860KB PDF). read more