Paki v Attorney-General (No 2)
Supreme Court of New Zealand Te Kōti Mana Nui [2014] NZSC 118
29 August 2014
Tom Bennion comments on potential impacts on customary title to waterways resulting from the Supreme Court's decision. Baden Vertongen and Professor Richard Boast also discuss the decision.
Download Paki v Attorney-General [2014] NZSC 118 here (860 KB PDF). read more
Paki v Attorney-General (No 2)
Supreme Court of New Zealand Te Kōti Mana Nui [2014] NZSC 118
29 August 2014
Professor Richard Boast provides further comments on the Supreme Court's decisions in Paki (No 1) and Paki (No 2).
See also Baden Vertongen's article and Tom Bennion's comments on Paki (No 2).
Download Paki v Attorney-General [2014] NZSC 118 here (860 KB PDF). read more
Mulder v Heke
High Court [2014] NZHC 2098
3 September 2014
Unsuccessful summary judgment application. The plaintiff claimed that the deceased, represented by the first defendant, was not the legal child of her adoptive mother who died intestate. There was conflicting evidence but the Court held that there was an arguable defence to the plaintiff’s claims.
Download Mulder v Heke here (93 KB PDF). read more
Riwai Mokena v Riwai Morgan Whānau Trust - Estate of Tamati Mokena
Māori Land Court [2014] Chief Judge’s MB 314 (2014 CJ 314)
1 July 2014
Application to amend a succession order made in 1950 relating to the interests of Tamati Mokena dismissed. The order complained of had allowed a whāngai child to succeed to Tamati's interests, contrary to law at the time. The Chief Judge determined that it would not be in the interests of justice to amend the order. Determination of what is in the interests of justice requires consideration of the rights of the parties, the adversity suffered by each, as well as matters of policy and the intended effect of legislation.
Download Riwai Mokena v Riwai Morgan Whānau Trust - Estate of Tamati Mokena here (183 KB PDF). read more
Grace – Ngarara West A25B2A
Māori Land Court (2014) 317 Aotea MB 268
27 March 2014
An application by Mrs Patricia Grace was granted to recommend that her land at Waikanae be set apart as a Māori reservation for the benefit of the descendants of Wiremu Parata Te Kakakura (Wi Parata) as a place of cultural and historical significance and as a wāhi tapu, being a place of special significance according to tikanga Māori. The decision is significant beyond its application of the law for establishing Māori reservations. This is because part of the land at issue has been subject to proposals that it be acquired for roading purposes (the Kāpiti Expressway project).
Download Grace – Ngarara West A25B2A here (268 KB PDF). read more
Graham - Parish of Komakorau Lot 240B 2
Māori Land Court (2014) 80 Waikato Maniapoto MB 260 (80 WMN 260)
2 July 2014
Māori freehold land was set aside as a Māori reservation for the purpose of an urupā. Strict conditions were imposed to mitigate the concerns of neighbours and the Waikato District Council.
Download Graham - Parish of Komakorau Lot 240B 2 here (186 KB PDF). read more
Grace v Minister for Land Information
Environment Court [2014] NZEnvC 82
8 April 2014
The Environment Court decided that compulsory acquisition of Māori freehold land (owned by Mrs Patricia Grace but recently gazetted as a Māori reservation) cannot be supported because the proposed taking is not fair, sound and reasonably necessary as required by s 24(7)(d) of the Public Works Act 1981.
Download Grace v Minister for Land Information [2014] NZEnvC 82 here. read more
Pene-Stevens - Puhatikotiko 2C2B2 and 2D
Māori Land Court (2014) 41 Tairawhiti MB 219 (41 TRW 219)
18 August 2014
Applications for review of trust and replacement of trustees. In deciding whether to appoint someone as a trustee the Court considered the individual’s abilities, experience and knowledge; whether they were broadly acceptable to the owners; whether they were able to whakapapa to the land; and, whether their appointment would result in too many people from one major whānau being appointed as trustees.
Download Pene-Stevens - Puhatikotiko 2C2B2 and 2D (186 KB PDF) here. read more
Trustees of Maungatautari 4G Sec IV v Maungatautari Ecological Island Trust - Maungatautari No 4G Sec IV
Māori Land Court (2014) 86 Waikato Maniapoto MB 248 (86 TTK 248)
24 September 2014
Application for an interim injunction. The Court considered that an interim injunction was not appropriate at this stage. The application was adjourned so that the parties could attempt to resolve three outstanding issues relevant to the question of whether the injunction should be granted.
Download Trustees of Maungatautari 4G Sec IV v Maungatautari Ecological Island Trust - Maungatautari No 4G Sec IV (217 KB PDF) here. read more
Wairua - Maungaroa No.1 Section 2B Block
Māori Land Court (2014) 103 Waiariki MB 133 (103 WAR 133)
3 September 2014
Application for an occupation order following the Court indicating that the applicant should apply for ownership of a utility shed on the land and an occupation order. The application was supported by major shareholders but was opposed by smaller shareholders and a majority of the land's trustees. The application was declined.
Download Wairua - Maungaroa No.1 Section 2B Block (PDF, 208 KB) here. read more
Hall v Opepe Farm Trust - Opepe Farm Trust
Māori Land Court (2014) 104 Waiariki MB 54 (104 WAR 54)
5 September 2014
Decision as to costs arising out of earlier proceedings. The applicant had earlier sought the removal of five trustees from the Opepe Farm Trust: two were removed by the Court for breaches of their duties and three resigned during proceedings. An award of costs was made against the respondents in favour of the trust, although a distinction was made between those trustees who had resigned and those who were removed. read more
Matchitt - Te Kaha 65
Māori Land Court (2014) 104 Waiariki MB 145 (104 WAR 145)
16 September 2014
Applications for amendment of four occupation orders and partition. Applications dismissed as there was insufficient support for the partition and amendment of the occupation orders would be inequitable.
Download Matchitt - Te Kaha 65 (181KB PDF) here. read more
Howell v Jaram - Omaio 43 Section 4
Māori Land Court (2014) 104 Waiariki MB 73 (104 WAR 73)
10 September 2014
Application for an amendment of an occupation order. The applicant applied to amend his occupation order to a site he and his family had occupied for 30 years. The land's trustees opposed the amendment, arguing that the applicant had already been granted a site for occupation and the site he proposed was earmarked as a camping area for other owners, giving access to the beach. The application for amendment was granted.
Download Howell v Jaram - Omaio 43 Section 4 here (150KB PDF). read more
Thompson - Hauai Ahu Whenua Trust
Māori Land Court (2014) 87 Taitokerau MB 258 (87 TTK 258)
24 September 2014
Preliminary determination concerning an application to cancel partition orders made in 1977. The applications satisfied the grounds to reconfigure the titles. However, the application was adjourned as there were issues remaining for final determination.
Download Thompson - Hauai Ahu Whenua Trust (618 KB PDF) here. read more
Wai 2472 - the Electoral (Disqualification of Sentenced Prisoners) Amendment Act Claim - Memorandum-Directions of the Deputy Chairperson granting priority to the claim
Waitangi Tribunal (Wai 2472, 2.5.3)
7 August 2014
The Waitangi Tribunal has granted a priority inquiry into the Electoral (Disqualification of Sentenced Prisoners) Amendment Act Claim. The inquiry, likely to occur in mid-2015, will look at the prohibition on prisoner voting resulting from the Electoral (Disqualification of Sentenced Persons) Amendment Act 2010.
Download the Memorandum-Directions of the Deputy Chairperson granting priority to the claim here (426 KB PDF). read more
Strategic direction for a busy future by Judge Craig Coxhead
Aboriginal Title - Tsilhqot’in v. British Columbia [2014] SCC 44 by Professor John Borrows
Takutai moana – procedure - leave to participate given to interested party - Re Tipene [2014] NZHC 2046
Takutai moana – procedure - interested party status accepted - Tangiora v Attorney-General [2014] NZHC 2049
Rights in Māori freehold land – constructive trust to recognise equitable interest - Tipene v Tipene – Motatau 2 Section 49A4F (2014) 85 Taitokerau MB 2 (85 TTK 2)
Injunction – interim injunction granted to ensure access over roadway - Putataua Bay Holdings Ltd - Roadway Order Instrument 7895326.1 (2014) 84 Taitokerau MB 229 (84 TTK 229)
Costs – justice best served if costs lie where they fall - Trustees of Kapenga H v Lidgard - Kapenga H (2014) 101 Waiariki MB 267 (101 WAR 267)
Occupation orders - grant made on basis of discussion between majority owners - Smith - Taheke 2 Block (2014) 84 Taitokerau MB 166
Succession – whāngai not entitled to an absolute interest – Bennett - Estate of Ronald Clifford Bennett (2014) 101 Waiariki MB 290 (101 WAR 290)
Succession – whāngai not entitled to succeed - Taylor v Taylor - Estate of Waerena Taylor (2014) 102 Waiariki MB 258 (102 WAR 258)
Incorporations – Muriwhenua Incorporation ordered to hold new elections – Neho - Muriwhenua Incorporation (2014) 84 Taitokerau MB 189 (84 TTK 189)
Procedure – decision confirmed as final determination - Matthews v Matthews - Graham Ngahina Matthews (2014) 323 Aotea MB 191 (323 AOT 191)
Active protection - The Interim Report on the MV Rena and Motiti Island Claims (Pre-publication) (Wai 2391, 2393, 2014) by Dr Carwyn Jones
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 August 2014 (509 KB PDF).
The Waitangi Tribunal is always busy. Currently it is busier than usual as Judge Craig Coxhead explains.
Download the Waitangi Tribunal's Strategic Direction 2014-2025 (16.1MB PDF) here. read more
Professor John Borrows, consultant editor to the Māori Law Review, notes the recent Aboriginal title decision of the Supreme Court of Canada in Tsilhqot’in Nation v. British Columbia [2014] SCC 44.
Download Tsilhqot’in Nation v. British Columbia [2014] SCC 44 here. read more
Putataua Bay Holdings Ltd - Roadway Order Instrument 7895326.1
Māori Land Court (2014) 84 Taitokerau MB 229 (84 TTK 229)
7 August 2014
Application for interim injunction granted.
Download Putataua Bay Holdings Ltd - Roadway Order Instrument 7895326.1 (105 KB PDF) here. read more
Re Tipene
High Court - Te Kōti Matua [2014] NZHC 2046
27 August 2014
Leave granted for an interested party to participate in a customary marine title application where the date had passed two years previously for interested parties to notify their intention to take part in the litigation. The High Court ruled that the Act has flexibility and was designed to allow all interested parties to appear and be heard.
Tangiora v Attorney-General
High Court - Te Kōti Matua [2014] NZHC 2049
27 August 2014
The applicant for customary marine title and protected customary rights opposed the Council of Outdoor Recreation Associations of New Zealand Incorporated (CORANZ) taking part in the litigation as an interested party. The Court accepted that CORANZ was properly an interested party.
Download Tangiora v Attorney-General (246KB PDF). read more
Tipene v Tipene – Motatau 2 Section 49A4F
Māori Land Court (2014) 85 Taitokerau MB 2 (85 TTK 2)
19 August 2014
Trustees applied for confirmation they owned a dwelling on a block. Ownership was confirmed but subject to a constructive trust in favour of the prior occupant. Along with her husband (now deceased), the prior occupant had renovated and lived in the dwelling consistently with a family agreement.
Download Tipene v Tipene – Motatau 2 Section 49A4F (173 KB PDF) here. read more
Trustees of Kapenga H v Lidgard - Kapenga H
Māori Land Court (2014) 101 Waiariki MB 267 (101 WAR 267)
7 August 2014
The applicants sought an award of costs on the basis that costs follow the event. The Court considered it was in the interests of justice to decline to order costs.
Download Trustees of Kapenga H v Lidgard - Kapenga H (120 KB PDF) here. read more
Smith - Taheke 2 Block
Māori Land Court (2014) 84 Taitokerau MB 166 (84 TTK 166)
7 August 2014
Application for an occupation order for land surrounding the applicant's house. Further application that the Court determine ownership of the house. The Court found that the applicant was the owner of the house and granted him an occupation order for the surrounding area on certain terms.
Download Smith - Taheke 2 Block (92KB PDF) here. read more
Taylor v Taylor - Estate of Waerena Taylor
Māori Land Court (2014) 102 Waiariki MB 258 (102 WAR 258)
18 August 2014
Application for rehearing of succession interests. The Court had made orders vesting the interests of the deceased in her four children and whāngai equally. Here the Court annulled those orders and vested the interests of the deceased in her four children subject to a life interest in favour of her spouse.
Download Taylor v Taylor - Estate of Waerena Taylor (126 KB PDF) here. read more