Māori Law Review

Sigley - Te Tii (Waitangi) B3 Trust 

Māori Land Court (2014) 80 Taitokerau MB 233 (80 TTK 233)

27 May 2014

Successful application to reappoint three current trustees of Te Tii (Waitangi) B3 Trust following its 2013 AGM. "Block voting" is appropriate where the number of nominees is smaller than the number of positions available. Disqualification of a nominee found to be in accordance with the trust order but highlighted the need for more clarity in the registration of the tupuna whānau representatives.

Download Sigley - Te Tii (Waitangi) B3 Trust here  (101 KB PDF). read more

Studer - Rangitaiki Allotment 28C1

Māori Land Court (2014) 97 Waiariki MB 294 (97 WAR 294)

30 May 2014

Applications for urgent directions in relation to partition orders issued in 2009. The Court confirmed that the provisions of the RMA relating to subdivisions do not apply to a hapū partition except where expressly provided for in the 1993 Act.

Download Studer - Rangitaiki Allotment 28 C1 (178 KB PDF) here. read more

Bennett v Proprietors of the Waipiro A22B3 Incorporation - Waipiro A22B3 Block

Māori Land Court (2014) 39 Tairāwhiti MB 257 (39 TRW 257)

30 May 2014

Application for investigation into an Incorporation's affairs dismissed. The evidence showed clearly that a 2013 AGM had not been held in accordance with the rules prescribed in the Incorporation's constitution. There was no need to conduct an investigation as there would be little else for an Examining Officer to report.

Download Bennett v Proprietors of the Waipiro A22B3 Incorporation - Waipiro A22B3 Block here (125 KB PDF). read more

Williams v Trustees of the Hokio Part A Ahu Whenua Trust - Part Hokio A Section 1-4

Māori Land Court (2014) 321 Aotea MB 24 (321 AOT 24)

22 May 2014

Application to extend an interim injunction granted.

Download Williams v Trustees of the Hokio Part A Ahu Whenua Trust - Part Hokio A Section 1-4 (209 KB PDF) here. read more

Ruapehu District Council - Ohura South A3E2C3B2A Block XIII Tuhua Survey District

Māori Land Court (2014) 321 Aotea MB 95 (321 AOT 95)

30 May 2014

The Court granted the Ruapehu District Council's application for a charging order for unpaid rates.

Download Ruapehu District Council - Ohura South A3E2C3B2A Block XIII Tuhua Survey District (125 KB PDF) here. read more

Linda Te Aho reviews Ruruku Whakatupua Te Mana o te Awa Tupua, the recent document setting out a new legal framework for Te Awa Tupua (the Whanganui River system) as part of the settlement of historical claims by Whanganui iwi about the Whanganui River. read more

Māori Trustee v Lidgard - Kapenga H

Māori Land Court (2014) 97 Waiariki MB 282 (97 WAR 282)

22 May 2014

The lease for Kapenga H was due to expire and the tenants believed they were entitled to take the milking plant from the cowshed at the expiration of the lease. The Court found that the landlord was entitled to the milking plant given the terms of the lease and that the milking plant was a fixture upon the land.

Download Māori Trustee v Lidgard - Kapenga H (145 KB PDF) here. read more

World Indigenous Lawyers’ Conference and Te Hunga Rōia Māori o Aotearoa hui a tau

Renika Siciliano, lead co-ordinator for Te Hunga Rōia Māori o Aotearoa's hui a tau, outlines two upcoming events. read more

Māori Land Court

Public works – offer back to successors of prior owners – The Property Group – Awapuni 1F3 (2014) 38 Tairawhiti MB 209 (38 TRW 209)

Jurisdiction – Court has jurisdiction to grant equitable remedies – Urwin v Te Kura – Te Reti B and Te Reti C Block (2014) 74 Waikato Maniapoto MB 277 (74 WMN 277)

Trusts - trustees replaced as they no longer command the support of the owners - Sullivan v Sullivan-Teepa – Te Haroto 2B2B Trust (2014) 31 Takitimu MB 138

Status of land and indefeasibility – Crown grant extinguished customary title - Moananui v Cape Kidnappers Station Limited - Rangaika Native Reserve, Cape Kidnappers (2014) 31 Tākitimu MB 179

Partition – declined - insufficient support and unnecessary - Patu – Tōrere Section 58 (2014) 95 Waiariki MB 230 (95 WAR 230)

Partition - declined - insufficient support and unnecessary - Melrose – Torere Section 64 Incorporation (2014) 94 Waiariki MB 28

Occupation orders - order granted in spite of objections - Hata - Opape 3C3B (2014) 95 Waiariki MB 60

Occupation orders - order not granted where there was limited support - Jahnke - Waipiro M T Sec.5 Blk X (2014) 38 Tairawhiti MB 274

Waitangi Tribunal

Remedies - the Mangatū Remedies Report (Wai 814, 2013) by Dr Carwyn Jones

Remedies - analysis of the Mangatū Remedies Report (Wai 814, 2013) by Baden Vertongen

Rights to water - the Tribunal's final report on Te Kāhui Maunga: The National Park District Inquiry Report (Wai 1130, 2013) by Dr Jacinta Ruru

Legislation

Review of Te Ture Whenua Māori Act 1993 – final report and recommendations from the independent review panel

Book review

Tikanga Māori - Te Mātāpunenga – A Compendium of References to the Concepts and Institutions of Māori Customary Law - reviewed by Matiu Dickson

Indigenous Law Speaker Series 2013

Indigenous on the Margins by Eileen Luna-Firebaugh

Print version

Download the Māori Law Review April 2014 (552 KB PDF).

The Property Group – Awapuni 1F3

Māori Land Court (2014) 38 Tairawhiti MB 209 (38 TRW 209)

31 March 2014

The Court made orders to facilitate the purchase by the successors of former owners of land acquired under the Public Works Act 1928.

Download The Property Group – Awapuni 1F3 (158 KB PDF) here. read more

Urwin v Te Kura – Te Reti B and Te Reti C Block

Māori Land Court (2014) 74 Waikato Maniapoto MB 277 (74 WMN 277)

10 April 2014

. The Court confirmed that it has jurisdiction to grant equitable remedies.

Download Urwin v Te Kura – Te Reti B and Te Reti C Block (180 KB PDF) here.

read more

Sullivan v Sullivan-Teepa – Te Haroto 2B2B Trust

Māori Land Court (2014) 31 Takitimu MB 138 (31 TKT 138)

15 April 2014

Application for a review of trust. A dispute arose as to whether a sole responsible trustee should be appointed to replace the current trustees following a resolution passed at a meeting of owners. The resolution was objected to by one of the current trustees. The Court held that a sole responsible trustee should be appointed as the other trustees had lost the support of the owners.

Download Sullivan v Sullivan-Teepa – Te Haroto 2B2B Trust (149 KB PDF) here. read more

Moananui v Cape Kidnappers Station Limited - Rangaika Native Reserve, Cape Kidnappers

Māori Land Court (2014) 31 Tākitimu MB 179 (31 TKT 179)

24 April 2014

Determination that Rangaika Reserve is General land. Customary title was extinguished and the reserve status was removed when a certificate of title and Crown grant were issued to Karauria Pupu in 1866. He proceeded to sell this land to a European. The current owners, Cape Kidnappers Station Limited hold an indefeasible title.

Download here Moananui v Cape Kidnappers Station Limited - Rangaika Native Reserve, Cape Kidnappers (286 KB PDF) here. read more

Hata - Opape 3C3B

Māori Land Court (2014) 95 Waiariki MB 60 (95 WAR 60)

14 April 2014

Application for an occupation order. Objections were received from minor shareholders and some of the trustees. The application was granted as the Court was satisfied their was sufficient opportunity to discuss the application and there was sufficient support for it.

Download Hata - Opape 3C3B (173KB PDF) here. read more

Patu – Tōrere Section 58

Māori Land Court (2014) 95 Waiariki MB 230 (95 WAR 230)

17 April 2014

Application for partition. The application was dismissed. There was insufficient support and a failure to show it was necessary. The Court noted that no further application should be made until at least a 50 per cent shareholding threshold of support was obtained and the applicant can demonstrate with real evidence why a partition is necessary.

Download Patu – Tōrere Section 58 (191 KB PDF) here. read more

Melrose – Torere Section 64 Incorporation

Māori Land Court (2014) 94 Waiariki MB 28 (94 WAR 28)

17 April 2014

Application for a partition order. The application was filed in 2001 and there has been a history of oppostion to it. Application dismissed as the Court was not satisfied the partition was sufficiently supported or necessary.

Download Melrose – Torere Section 64 Incorporation (94 KB PDF) here. read more

Jahnke - Waipiro M T Sec.5 Blk X

Māori Land Court (2014) 38 Tairawhiti MB 274 (38 TRW 274)

10 April 2014

Applications for partition, later amended to applications for occupation orders. One order was granted where there was overwhelming support for the application; another application was dismissed as there was limited support. The Court also declined to alter a partition order previously made by the Court.

Download Jahnke - Waipiro M T Sec.5 Blk X (299KB PDF) here. read more

Mangatū Remedies Report

Waitangi Tribunal (Wai 814, 2013)

23 December 2013

This report is the result of the Waitangi Tribunal’s urgent remedies inquiry, required by the Supreme Court’s 2011 decision in Haronga v Waitangi Tribunal [2011] NZSC 53. The Tribunal dismissed applications for binding remedies by three claimant groups and adjourned indefinitely the application of a fourth group pending further negotiations with the Crown.

Download the Mangatū Remedies Report here (3.8 MB PDF). read more

On 23 December 2013, with Christmas looming, the Waitangi Tribunal released its Mangatū Remedies Report (Wai 814, 2013) with little publicity.   However, as the response to the Supreme Court’s decision in Haronga v Waitangi Tribunal, this is one of the more significant reports to have come out of the Tribunal recently. Baden Vertongen analyses the Tribunal's report as a companion piece to the article by Dr Carwyn Jones setting out the Tribunal's findings (see (2014) April Māori LR). read more

Te Kāhui Maunga: The National Park District Inquiry Report

Waitangi Tribunal (Wai 1130, 2013)

12 November 2013

In November 2013 the Waitangi Tribunal released the final version of its report on claims in the National Park inquiry district. The Tribunal's finalised report contains extra discussion about Māori rights to water from the material released in late 2012 when the Tribunal's pre-publication edition of the report was released.

Download Te Kāhui Maunga: The National Park District Inquiry Report. read more

The panel of experts reviewing Te Ture Whenua Māori Act 1993 has released its final report and recommendations. The Government has announced that it is drafting a new Te Ture Whenua Māori bill to reform the governance and management of Māori land based on the Panel's findings.

Download the Review Panel's final report (1.3 MB PDF) and the Government's subsequent announcement about law reform. read more

Overview

Te Mātāpunenga – A Compendium of References to the Concepts and Institutions of Māori Customary Law

Compiled, Edited and Introduced by Richard Benton, Alex Frame and Paul Meredith – Te Mātāhauariki Research Institute, University of Waikato.

Victoria University Press 2013 (ISBN: 9780864738899)

Reviewed by Matiu Dickson, Senior Lecturer, Te Piringa, Faculty of Law, University of Waikato – Ngāiterangi Iwi read more

Supreme Court

Criminal law, the use of force in defence of property - standing up for a fragile lake - Taueki v R [2013] NZSC 146

High Court

Status of land - Jensen v Registrar General of Land [2013] NZHC 3525

Māori Land Court

Injunction – preliminary determination of ownership of dwelling – Akura Lands Trust v Te Whata - Akura 1C 3B 2 (2014) 29 Tākitimu MB 199

Chief Judge's powers – erroneous exclusion from succession – MacFarlane v Trustees of the K & T MacFarlane Whānau Trust [2014] Chief Judge's MB 127

Appeals – leave granted to appeal provisional determination appointing a trustee - Williams – Harataunga West 2B2B2B2 (2014) 74 Waikato Maniapoto MB 6 (74 WMN 6)

Costs – costs order inappropriate in the circumstances - Subritzky – Mandoline Murray Whānau Trust (2014) 71 Taitokerau MB 101 (71 TTK 101)

Status of land - land General land on transfer to non-Māori purchasers - Dobson - Ahipara 2B47 (2014) 74 Taitokerau MB 179

Succession 

No independent objective evidence as to the intentions of the deceased - Nicholas – Estate of Robert Rawhiti Rangitakaiwaho Nicholas (2014) 316 Aotea MB 187 (316 AOT 187)

Applicant entitled to succeed where hapū connection to land exists - Tito – Te Anga Whanga (2014) 71 Taitokerau MB 94 (71 TTK 94)

Trusts:

Appointment of interim trustees to the Waikaremoana Reserves – Moses - Hopuruahine East & 12 other blocks (2014) 37 Tairāwhiti MB 238

Appointment of trustees and trustees' fees – Trust's robust processes could serve as best practice template – Stebbing - Tauhara Middle 4A 2B 2C (Opepe Farm Trust) (2014) 92 Waiariki MB 218

Management - partial termination not in anyone's interests - Green - Trustees of Te Kou Tiaki and Tangi Ataahua Green Whānau Trust (2014) 92 Waiariki MB 183

Creation of ahu whenua trust declined – Karaitiana v Carroll - Matahiwi No 4B, Waipuka 2R Section 3 and Waipuka 3A3A (2014) 29 Tākitimu MB 214

Māori Incorporations:

Withdrawal of resignation by committee member requires consent of committee – Ngamoki-Cameron v Koopu - The Proprietors of Mangaroa & Other Blocks Incorporated (2014) 91 Waiariki MB 279

Election invalidated – Tahata v Tahata - Ngāwhakatutu A1A Incorporation (2014) 37 Tairāwhiti MB 217

Māori reservations:

Insufficient support for partition if exclusion from reservation granted – Taniora - Te Koutu Mourea Māori Reservation (2014) 91 Waiariki MB 173

Resource Management

Māori interests in natural resource management - 2013 in review

Legislation

New Zealand’s first bilingual statute – does New Zealand have an appropriate legal framework?

Book review

He Papakupu Reo Ture: A Dictionary of Māori Legal Terms - reviewed by Pānia Papa

Indigenous Law Speaker Series 2014

The political ecology and political economy of the Indigenous land titling ‘revolution’ in Australia - Jon Altman

Print version

Download the Māori Law Review March 2014 (663 KB PDF).

Taueki v R

Supreme Court of New Zealand [2013] NZSC 146

17 December 2013

Mr Taueki's appeal against conviction was dismissed. Mr Taueki had been convicted of assaulting a member of a sailing club who was about to launch a motorboat on Lake Horowhenua.  Mr Taueki argued that he had a defence under s 56 of the Crimes Act 1961 (use of force in defence of property) on the basis that he was a beneficial owner and kaitiaki of the lake, that the sailing club member was in breach of bylaws aimed at protecting the lake from further degradation and was trespassing, and that the force he used in defence of the lake was reasonable in the circumstances.  The Supreme Court dismissed the appeal because Mr Taueki was not in possession of the area of land on which the incident took place.

Download Taueki v R (217 KB PDF) here. read more

Jensen v Registrar General of Land

High Court [2013] NZHC 3525

20 December 2013

In striking out a proceeding brought seeking declarations about the status of land the High Court has clarified that the Court will not exercise its Declaratory Judgments Act jurisdiction to overturn status orders of the Māori Land Court and Māori Appellate Court – the proper course is to appeal any such orders.

Download Jensen v Registrar General of Land [2013] NZHC 3525 here (390 KB PDF).  read more