Trusts – proposal to constitute ahu whenua trust over 11 separate blocks adjourned and general guidance issued – Far North District Council

Far North District Council - Okahu 3B2B2

Māori Land Court (2014) 91 Taitokerau MB 284 (91 TTK 284)

5 December 2014

This case concerned a proposal to constitute an ahu whenua trust over 11 blocks of Māori freehold land. The Court considered the proposal had merit but a further hearing was required before orders could be made. The case was adjourned with the Court's decision offering general guidance on the issues.

Download Far North District Council - Okahu 3B2B2 (1.49 MB PDF) here. read more

Trusts – ahu whenua – Registrar to maintain record of beneficial ownership of General land – Larsen

Larsen - Tanumi Reti

Māori Land Court (2014) 88 Taitokerau MB 273 (88 TTK 273)

9 October 2014

This decision addresses the issue of how to maintain the record of beneficial ownership of General land owned by Māori administered by an ahu whenua trust.

Download Larsen - Tanumi Reti (112KB PDF) here. read more

Procedure – refusal to waive application fee reversed – Wilson

Wilson - Oue 2B3 and other blocks

Māori Land Court (2015) 2015 Chief Judge's MB 215 (2015 CJ 215)

1 April 2015

Review granted of Deputy Registrar's decision to refuse filing of seven applications without payment of the application fee.

Download Wilson - Oue 2B3 and other blocks (219 KB PDF) here. read more

Trusts – removal of trustees declined – trustees were shown to have been diligent and hard working – Olsen

Olsen v Vercoe - Matata Parish Lot 6A

Māori Land Court (2015) 116 Waiariki MB 63 (116 WAR 63)

20 March 2015

The Court received two applications relating to the Matatā Parish Lot 6A Trust. The Court approved a payment to the trustees for their services in negotiating a lease and dismissed an application for their removal and replacement.

Download Olsen v Vercoe - Matata Parish Lot 6A (261 KB PDF) here.

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Procedure – withdrawal of an application to the Court – Dawson

Dawson v Dawson - Orohaki 894B Ahu Whenua Trust 

Māori Land Court (2015) 29 Te Waipounamu MB 161 (29 TWP 161)

10 April 2015

Request for withdrawal of an application to the Court granted.

Download Dawson v Dawson - Orohaki 894B Ahu Whenua Trust (174 KB PDF). read more

Maori incorporations – fresh election for committee of management – Whata

Whata - The Proprietors of Ruahine Kuharua Incorporation

Māori Land Court (2015) 120 Waiariki MB 204 (120 WAR 204)

28 May 2015

Voting forms were filled out incorrectly. A new election of the management committee was ordered.

Download Whata - The Proprietors of Ruahine Kuharua Incorporation (209 KB PDF) here. read more

Application for urgent remedies hearing and urgent inquiry declined – Araukuku Hapū

Decision of Hon. Sir Douglas Kidd - Ahitahi/Araukuku Hapū Claim

Waitangi Tribunal Wai 552, #2.35

7 May 2015

Application for an urgent remedies hearing and an urgent inquiry declined. The applicants opposed inclusion of their claim in the settlement reached between Ngāruahine and the Crown to settle historical claims of Ngāruahine under the Treaty of Waitangi.

Download Decision of Hon. Sir Douglas Kidd - Ahitahi/Araukuku Hapū Claim (2015) Wai 552 (549 KB PDF). read more

Life or death, and traditional medicine – primacy of indigenous rights in the Canadian case of Hamilton Health Sciences Corp

Hamilton Health Sciences Corporation v DH

Ontario Court of Justice, Canada 2014 ONCJ 603

14 November 2014

Hamilton Health Sciences Corporation v DH

Ontario Court of Justice, Canada 2015 ONCJ 229

24 April 2015 (endorsement)

This case involved a child protection application made by the applicant hospital. The hospital's application arose from an aboriginal mother’s refusal to treat her daughter’s cancer with chemotherapy; instead, the mother wanted to use traditional medicine. The Court decided that it was the mother’s aboriginal right, as the child’s substitute decision maker, to use traditional forms of medicine. Subsequent to the Court’s 2014 judgment the family decided to utilise both traditional and Western medicine and the 2014 decision was amended by the Court after a further application by the parties.

Download Hamilton Health Sciences Corp v DH (2014) and Hamilton Health Sciences Corp v DH (2015). read more