Bennett - Estate of Ronald Clifford Bennett
Māori Land Court (2014) 101 Waiariki MB 290 (101 WAR 290)
5 August 2014
The Court determined that a whāngai child was not entitled to succeed to the deceased's interests as, consistent with local customs, absolute interests in land were primarily reserved for members of the hapū.
Download Bennett - Estate of Ronald Clifford Bennett (163 KB PDF) here. read more
Matthews v Matthews - Graham Ngahina Matthews
Māori Land Court (2014) 323 Aotea MB 191 (323 AOT 191)
6 August 2014
Decision confirmed as a final determination.
Download Matthews v Matthews - Graham Ngahina Matthews (87 KB PDF) here. read more
Neho - Muriwhenua Incorporation
Māori Land Court (2014) 84 Taitokerau MB 189 (84 TTK 189)
7 August 2014
Application for an investigation into the outcome of the Muriwhenua Incorporation’s election of members to its Committee of Management at its 2014 AGM. The AGM election did not comply with the Act or the Māori Incorporations Constitution Regulations 1994. The Incorporation was ordered to hold a new election.
Download Neho - Muriwhenua Incorporation (102 KB PDF) here. read more
The Interim Report on the MV Rena and Motiti Island Claims (Pre-publication)
Waitangi Tribunal (Wai 2391, 2393, 2014)
The Waitangi Tribunal inquired urgently into claims about the Crown response to the grounding of the MV Rena. The Tribunal issued an interim report in July 2014 which found that the Crown’s consultation process breached the principles of the Treaty of Waitangi.
Download The Interim Report on the MV Rena and Motiti Island Claims (pre-publication version) here (2.3 MB PDF). read more
Trustee conflicts of interest - Naera v Fenwick [2014] NZSC 58
Judicial review - unlawful delegation of Waitangi Tribunal decisions - Baker v Waitangi Tribunal [2014] NZHC 1176 by Leo H Watson
Judicial review – use of land in a Treaty settlement – Ririnui v Landcorp Farming Limited and others [2014] NZHC 1128 by Leo H Watson
Injunctions - Taueki v Horowhenua Sailing Club – Horowhenua 11 (Lake) Block [2014] Māori Appellate Court MB 60 by Craig Linkhorn
Trusts – variation - Clarke v Downs - Lake Taupō Forest Trust [2014] 2014 Māori Appellate Court MB 16 by Craig Linkhorn
Injunctions - interim injunction declined - not safe to grant without notice - Putataua Bay Holdings Ltd v Pere - Lot 189 DP 393664 (2014) 82 Taitokerau MB 139
Trusts - removal - adjournment granted - Cotter - Okaihau No 3C No 2 (2014) 32 Takitimu MB 168
Trusts - marae an appropriate meeting venue - Eru v Kīngi - Whakapoungakau 24 (2014) 101 Waiariki MB 1
Costs - award made against the sole surviving trustee - Gemmell v Gemmell - Mohaka A4 Trust (2014) 32 Takitimu MB 174
Procedure - joinder - granted to aid proper investigation into alleged breaches - Bailey v The Māori Trustee - Te Riri A Te Hore 2 (2014) 322 Aotea MB 67
Māori in the seafood sector (fisheries and aquaculture) – the year in review by Justine Inns
Constitutional development and decolonisation in the South Pacific - Professor Tony Angelo from Victoria University of Wellington will deliver the next of our 2014 lunchtime seminars on 31 July 2014 at the Faculty of Law, Victoria University of Wellington.
Download the Māori Law Review July 2014 (496 KB PDF).
Leave to appeal granted on two issues and refused on two issues concerning a joint venture.
Download Naera v Fenwick [2014] NZSC 58 (80 KB PDF) here. read more
Baker v Waitangi Tribunal
High Court [2014] NZHC 1176
29 May 2014
Judicial review of decisions made declining an urgent Waitangi Tribunal inquiry. The decision-maker was not authorised under the Treaty of Waitangi Act 1975.
Download Baker v Waitangi Tribunal here (184 KB PDF). read more
Clarke v Downs - Lake Taupō Forest Trust
[2014] 2014 Māori Appellate Court MB 16 (2014 APPEAL 16)
12 May 2014
Download Clarke v Downs - Lake Taupō Forest Trust here (170 KB PDF) read more
Taueki v Horowhenua Sailing Club – Horowhenua 11 (Lake) Block
[2014] Māori Appellate Court MB 60 (2014 APPEAL 60)
23 May 2014
An appeal was dismissed against a decision of the Māori Land Court declining to grant an injunction to compel the Horowhenua Rowing Club to vacate buildings located on the block.
Download Taueki v Horowhenua Sailing Club – Horowhenua 11 (Lake) Block (175 KB PDF) here. read more
Putataua Bay Holdings Ltd v Pere - Lot 189 DP 393664
(2014) 82 Taitokerau MB 139 (82 TTK 139)
4 July 2014
Application for an interim injunction without notice declined.
Download Putataua Bay Holdings Ltd v Pere - Lot 189 DP 393664 (90 KB PDF) here. read more
Cotter - Okaihau No 3C No 2
(2014) 32 Takitimu MB 168 (32 TKT 168)
4 July 2014
Application for the removal of Arama Puriri as a responsible trustee over Okaihau No 3C No 2. Counsel for Mr Puriri sought an adjournment on the basis of lack of notice. The application was adjourned until the next sitting of the Court although it was noted that if Mr Puriri or his counsel did not attend then there was a possibility that the application for removal would be disposed of at that next sitting.
Download Cotter - Okaihau No 3C No 2 (120 KB PDF) here. read more
Eru v Kīngi - Whakapoungakau 24
(2014) 101 Waiariki MB 1 (101 WAR 1)
25 July 2014
The two remaining trustees for Whakapoungakau 24 sought directions about where a general meeting of beneficial owners should be held, as they could not agree on whether the meeting should be held at Mataikotare marae. On balance the Court considered that the marae was an appropriate venue to hold the meeting.
Download Eru v Kīngi - Whakapoungakau 24 (125 KB PDF) here. read more
Gemmell v Gemmell - Mohaka A4 Trust
Māori Land Court (2014) 32 Takitimu MB 174 (32 TKT 174)
7 July 2014
Review of trust proceedings. Successful applicant sought costs against Arthur Gemmell, the sole surviving trustee. Costs found to be appropriate, although whether Mr Gemmell might seek indemnity from the Trust for part of those costs remains a question at large. read more
Bailey v The Māori Trustee - Te Riri A Te Hore 2
(2014) 322 Aotea MB 67 (322 AOT 67)
11 July 2014
The Māori Trustee sought to join the former lessees of Te Riri A Te Hore 2 Block as respondents to two applications brought against it in relation to the block. The Court granted the application. A proper investigation into the alleged breaches could not be conducted in the absence of evidence from the former lessees.
Download Bailey v The Māori Trustee - Te Riri A Te Hore 2 (156 KB PDF) here. read more
Judicial review – use of land in a Treaty settlement – Ririnui v Landcorp Farming Limited and others [2014] NZHC 1128 by Leo H Watson
Arbitration - mana whenua - application for leave to appeal dismissed - questions not seriously arguable - Ngāti Hurungaterangi, Ngāti Taeotu Me Ngāti Te Kahu O Ngāti Whakaue v Ngāti Wahiao [2014] NZHC 846 - Toni Love
Alienation – proposed mortgage contravened Te Ture Whenua Māori Act and breached statutory trust - Sanders v King - Part Parish of Whangape Lot 15B and Parish of Whangape Lot 15C (Urupā) (2014) 81 Waikato Maniapoto MB 109
Succession - entitlement to succeed compromised in consideration of a loan - Deputy Registrar - Orohaki 894B (2014) 24 Te Waipounamu MB 298
Procedure – Court has broad jurisdiction to seek and receive evidence - Nicholls v Nicholls - The W T Nicholls Trust (2014) 78 Waikato Maniapoto MB 107 (78 WMN 107)
Māori in the seafood sector (fisheries and aquaculture) – the year in review by Justine Inns
Download the Māori Law Review June 2014 (480 KB PDF).
Ririnui v Landcorp Farming Limited and Ors
High Court [2014] NZHC 1128
26 May 2014
The High Court granted judicial review of a challenge to the Crown’s decision to disclaim any Ngati Whakahemo interest for Treaty settlement purposes in a farm owned by Landcorp subject to a sale agreement.
Download Ririnui v Landcorp Farming Limited and Ors [2014] NZHC 1128 (522 KB PDF) here. read more
Sanders v King - Part Parish of Whangape Lot 15B and Parish of Whangape Lot 15C (Urupā)
Māori Land Court (2014) 81 Waikato Maniapoto MB 109 (81 WMN 109)
11 July 2014
Confirmation of alienation by way of mortgage refused. Despite the repeal of the Court's discretion to refuse to confirm in ss 153 and 154 of Te Ture Whenua Māori Act 1993, the Court must not rubber stamp every instrument of alienation that satisfies s 152. The Court has an ongoing ability to refuse to grant confirmation of alienation where the proposed alienation contravenes the Act.
Download Sanders v King - Part Parish of Whangape Lot 15B and Parish of Whangape Lot 15C (Urupā) here (218 KB PDF). read more
Ngāti Hurungaterangi, Ngāti Taeotu Me Ngāti Te Kahu O Ngāti Whakaue v Ngāti Wahiao
High Court [2014] NZHC 846
29 April 2014
Applications seeking leave to appeal an arbitral award dismissed. The dispute was about mana whenua over ancestral lands.
Download Ngāti Hurungaterangi, Ngāti Taeotu Me Ngāti Te Kahu O Ngāti Whakaue v Ngāti Wahiao (79 KB PDF) when available. read more
Deputy Registrar - Orohaki 894B
(2014) 24 Te Waipounamu MB 298 (24 TWP 298)
5 June 2014
Dispute over entitlement to shares in Orohaki 894B. An objection to a daughter succeeding to any of her father’s interests in land was made on the basis that she compromised her right to participate in the estate due to a $30,000 loan made to her by their father. The objection was upheld. The Court found that there was ample evidence to support the conclusion that the daughter had agreed to compromise her entitlement to succeed to the land in consideration of the loan.
Download Deputy Registrar - Orohaki 894B (113 KB PDF) here. read more
Nicholls v Nicholls - The W T Nicholls Trust
Māori Land Court (2014) 78 Waikato Maniapoto MB 107 (78 WMN 107)
9 June 2014
As part of an ongoing application concerning the recovery of land and rental monies, the applicants sought orders requiring third parties to provide documents relevant to the proceedings. Orders made.
Download Nicholls v Nicholls - The W T Nicholls Trust (119 KB PDF) here. read more
Justine Inns, partner at Ocean Law, reviews Māori involvement in the seafood sector. read more
Use of land held for public works in Treaty of Waitangi settlements - Kane v Attorney-General [2014] NZHC 251 by Lisa Hansen
Injunctions - interim injunction extended - Williams v Trustees of the Hokio Part A Ahu Whenua Trust - Part Hokio A Section 1-4 (2014) 321 Aotea MB 24 (321 AOT 24)
Trusts - recovery of trust property - jurisdiction - interim decision that dispute relates to Māori land – Gemmell v Gemmell - Mohaka A4 Trust (2014) 32 Takitimu MB 63 (32 TKT 63)
Trusts - management - trust adhering to order and acting prudently - Eriha v Munro - Kairakau Lands Trust (2014) 32 Takitimu MB 84
Trusts - appointment of trustees – block voting appropriate in Māori trusts – Sigley - Te Tii (Waitangi) B3 Trust (2014) 80 Taitokerau MB 233
Partition - urgent directions sought on 2009 orders - Studer - Rangitaiki Allotment 28C1 (2014) 97 Waiariki MB 294
Incorporation – no need to conduct investigation – Bennett v Proprietors of the Waipiro A22B3 Incorporation - Waipiro A22B3 Block (2014) 39 Tairāwhiti MB 257
Charging orders - granted - no response from owners - Ruapehu District Council - Ohura South A3E2C3B2A Block XIII Tuhua Survey District (2014) 321 Aotea MB 95
Alienation – leases - milking plant a fixture remaining on expiry of lease – Māori Trustee v Lidgard - Kapenga H (2014) 97 Waiariki MB 282 (97 WAR 282)
Ruruku Whakatupua Te Mana o te Awa Tupua - Upholding the Mana of the Whanganui River by Linda Te Aho
Tikanga Māori - Te Mātāpunenga – A Compendium of References to the Concepts and Institutions of Māori Customary Law - reviewed by Matiu Dickson
He Papakupu Reo Ture: A Dictionary of Māori Legal Terms - reviewed by Pānia Papa
Te Hunga Rōia Māori o Aotearoa update - two conferences in 2014 outlined by Renika Siciliano
Download the Māori Law Review May 2014 (508 KB PDF).
The High Court dismissed a challenge to the Crown’s power to enter into a Deed of Settlement to transfer land held for a public work (and which is not surplus) to iwi.
Download Kane v Attorney-General [2014] NZHC 251 (206 KB PDF) here. read more
Gemmell v Gemmell - Mohaka A4 Trust
Māori Land Court (2014) 32 Takitimu MB 63 (32 TKT 63)
27 May 2014
Application for declarations under s 18(1)(d) of Te Ture Whenua Māori Act 1993 arising out of ongoing claims involving the Mohaka A4 Trust. Determination that the disputes did relate to Māori land so that there was jurisdiction to issue declarations. While other events meant declarations could be redundant there was utility in making them here. The Court issued a number of directions.
Download Gemmell v Gemmell - Mohaka A4 Trust (215 KB PDF) here. read more
Eriha v Munro - Kairakau Lands Trust
Māori Land Court (2014) 32 Takitimu MB 84 (32 TKT 84)
27 May 2014
Application for a review of trust. The applicants claimed the trustees had mismanaged the assets of the trust, had failed to secure benefits for the owners, had refused to provide dividends to the owners and had ignored the owners’ concerns. The Court was satisfied the trust was adhering to its trust order and acting prudently.
Download Eriha v Munro - Kairakau Lands Trust (216 KB PDF) here. read more