Māori Law Review

Flavell v Waitangi Tribunal

High Court [2015] NZHC 1907

12 August 2015

Karen Feint, barrister at Thorndon Chambers, provides further comment on the Waitangi Tribunal's Ngāti Kahu Remedies Report in light of the High Court's decision in Flavell v Waitangi Tribunal [2015] NZHC 1907. See also Baden Vertongen's report on the High Court's decision in Flavell v Waitangi Tribunal (see (2015) September Māori LR). read more

Adlam v Savage - Lot 39 A Sec. 2A Parish of Matatā and Lot 39 A Sec. 2B No.2B No.2A Parish of Matatā

[2015] Māori Appellate Court MB 59

26 March 2015

Ms Adlam had been ordered to account to the Bath Trust (of which she was a trustee) for $11,200,000 profit that she had generated using the assets of that trust and of another trust, the Farm Trust (of which she was not a trustee). Ms Adlam admitted that she had acted in breach of her duties as a trustee of the Bath Trust.
Her appeal was allowed in part. The Māori Appellate Court revoked the order of the Māori Land Court that required Ms Adlam to account to the Bath Trust for the entire profit. The Māori Appellate Court found that the Māori Land Court should have apportioned the profits generated from the assets of the two trusts between them. The lower Court was directed to consider the issue again along with other orders.

Download Adlam v Savage - Lot 39 A Sec. 2A Parish of Matatā and Lot 39 A Sec. 2B No.2B No.2A Parish of Matatā (342 KB PDF). read more

Ngāpuhi Mandate Inquiry Report

Waitangi Tribunal (Wai 2490, 2015)

4 September 2015

The Waitangi Tribunal has upheld claims that the Crown breached the principles of the Treaty of Waitangi in recognising the mandate of a negotiating body, Tūhoronuku, to enter settlement negotiations with the Crown about historical claims on behalf of all members of Ngāpuhi.

Download the pre-publication version of the Ngāpuhi Mandate Inquiry Report. read more

Potangaroa - CJ 2009/43 - Golden Sarel Potangaroa 

Māori Land Court (2015) 2015 Chief Judge's MB 562 (2015 CJ 562)

26 August 2015

Application to amend succession order granted. The earlier order was factually and legally incorrect.

Download Potangaroa - CJ 2009/43 - Golden Sarel Potangaroa (294 KB PDF). read more

Walker v Tonihi - The Estate of Te Aokatoa Wirihana 

Māori Land Court (2015) 43 Takitimu MB 31 (43 TKT 31)

31 August 2015

Succession to land interests vested in the deceased's mother's siblings.

Download Walker v Tonihi - The Estate of Te Aokatoa Wirihana (293 KB PDF). read more

Hemara - Estate of Marion Gloria Puke

Māori Land Court [2015] Chief Judge's MB 611 (2015 CJ 611)

10 September 2015

Application granted to amend a succession order. Clear omission of relevant evidence.

Download Hemara - Estate of Marion Gloria Puke (359 KB PDF) here. read more

McGregor v Hutcheson - Porangahau 1B4’O’2 Trust

Māori Land Court (2015) 43 Tākitimu MB 15 (43 TKT 15)

31 August 2015

A trustee was suspended while an audit of trust accounts was completed and allegations investigated.

Download McGregor v Hutcheson - Porangahau 1B4’O’2 Trust (327 KB PDF). read more

Te Paa - Ahipara A33

Māori Land Court (2015) 112 Taitokerau MB 299 (112 TTK 299)

23 September 2015

An applicant who sought to review the circumstances in which the Trust was first established was unsuccessful in that application and was removed as a trustee along with one other.

Download Te Paa - Ahipara A33 (193 KB PDF). read more

Watene v Maynard - Bob Watene Whānau Trust

Māori Land Court (2015) 43 Takitimu MB 185 (43 TKT 185)

21 September 2015

Application for partial termination of trust granted.

Download Watene v Maynard - Bob Watene Whānau Trust (211 KB PDF). read more

Katu v Peni - Tiroa E and Te Hape B Trusts

Māori Land Court (2015) 127 Waiariki MB 184 (127 WAR 184)

7 September 2015

Applications for enforcement of trust obligations and removal of trustees dismissed.

Download Katu v Peni - Tiroa E and Te Hape B Trusts (422 KB PDF). read more

Tane - Hauturu East 8

Māori Land Court (2015) 104 Waikato Maniapoto MB 95 (104 WMN 95)

28 August 2015

Application granted to vary a trust order in order to make it comprehensive.

Download Tane - Hauturu East 8 (9 MB PDF). read more

Paraire v Paraire - Part Mangatawa 10

Māori Land Court (2015) 105 Waikato Maniapoto MB 67 (105 WMN 67)

31 August 2015

Application for permanent injunction granted to prevent the respondent from accessing trust property after his licence to occupy was revoked.

Download Paraire v Paraire - Part Mangatawa 10 (213 KB PDF). read more

Ratima - Whirinaki 3 (formerly known as Whirinaki No 1 Section 2F2C)

Māori Land Court (2015) 126 Waiariki MB 73 (126 WAR 73)

19 August 2015

Application for costs dismissed. Determination that the Court does have jurisdiction to award costs for judicial conferences alone even where no substantive proceeding follows.

Download Ratima - Whirinaki 3 (formerly known as Whirinaki No 1 Section 2F2C) (208 KB PDF).

read more

Hill - Otakanini Māori Reservation

Māori Land Court (2015) 108 Taitokerau MB 76 (108 TTK 76)

14 August 2015

Application for terms of trust to prescribe a new process for elections dismissed. Application to appoint and replacing trustees granted. Two trustees were removed with four remaining.

Download Hill - Otakanini Māori Reservation (1.77 MB PDF) when available. read more

Searancke - Lot 3 DP 427106 & Pouawa 1 Sbdn 3 Lot 2 Sec 7 Block

Māori Land Court (2015) 51 Tairawhiti MB 66 (51 TRW 66)

18 August 2015

Application for partition granted as this would achieve the purpose of rationalising land holdings.

Download Searancke - Lot 3 DP 427106 & Pouawa 1 Sbdn 3 Lot 2 Sec 7 Block (147 KB PDF).

read more

Koroi Piri Paki Whānau Trust

Māori Land Court (2015) 112 Taitokerau MB 51 (112 TTK 51)

14 September 2015

An occupation order was granted on assessing that required criteria were met.

Download Koroi Piri Paki Whānau Trust  (180 KB PDF) when available. read more

Ahoy v Henare - Parengarenga 3G Ahu Whenua Trust

Māori Land Court (2015) 108 Taitokerau MB 66 (108 TTK 66)

7 August 2015

A defendant applied for a change of venue and for the proceeding to be dealt with by another Judge. Death threats against the defendant and his lawyer were advanced as a reason for the change of venue sougtht. The Court refused the application.

Download Ahoy v Henare - Parengarenga 3G Ahu Whenua Trust (2015) 108 Taitokerau MB 66 (108 TTK 66) (157 KB PDF).

read more

Application for an urgent hearing on behalf of the Hauraki Collective

Waitangi Tribunal Wai 215, #2.740; Wai 686, #2.742

6 August 2015

The Waitangi Tribunal granted an urgent inquiry into claims that the processes of the proposed Tauranga Moana Governance Group would cause prejudice to Hauraki iwi. Subsequently the inquiry has been adjourned indefinitely.

Download Application for an urgent hearing on behalf of the Hauraki Collective when available. read more

Application for an urgent hearing by Graham Hoete, Umuhuri Matehaere and Jacqueline Taro Haimona for and on behalf of themselves and the Motiti Rohe Moana Trust; and Cletus Maanu Paul for and on behalf of himself and the Mataatua District Māori Council

Waitangi Tribunal Wai 2511, #2.5.8

10 August 2015

The Crown developed a funding proposal in response to the Tribunal’s 2015 Final Report on the MV Rena and Motiti Island Claims. Claimants in turn sought a further urgent inquiry into the adequacy of this proposal. The Tribunal declined to grant an urgent inquiry.

Download Application for an urgent hearing by Graham Hoete, Umuhuri Matehaere and Jacqueline Taro Haimona for and on behalf of themselves and the Motiti Rohe Moana Trust; and Cletus Maanu Paul for and on behalf of himself and the Mataatua District Māori Council (718 KB PDF). read more

Application for an urgent hearing by Barnie Rutene Pitman on behalf of himself and Tohupaiaheka

Waitangi Tribunal Wai 2501, #2.5.6

30 April 2015

The Waitangi Tribunal declined to hold an urgent inquiry into claims that Tohupaiaheka hapū was wrongly excluded from the mandate obtained by Te Tira Whakaemi o Te Wairoa to negotiate a settlement of Treaty of Waitangi claims.

Download Application for an urgent hearing by Barnie Rutene Pitman on behalf of himself and Tohupaiaheka (544 KB PDF). read more

High Court - Te Kōti Matua

Judicial review - refusal of Waitangi Tribunal to inquire urgently upheld - Tūrāhui v Waitangi Tribunal [2015] NZHC 1624 - Stevie-Rae Hart

Māori Land Court - Te Kōti Whenua Māori

Protected objects - ownership and custody – Ngāti Rehia granted custody of taonga tūturu found in Kerikeri – Acting Chief Executive of the Ministry for Culture and Heritage - Taonga Tūturu found at Kerikeri (2015) 106 Taitokerau MB 210 (106 TTK 210)

Injunctions - occupants removed from land - Te Tumu Paeroa v Wharerau - Lot 9 DP 37339 (CFRNA971/29) (2015) 107 Taitokerau MB 262 (107 TKT 262)

Costs - District Court scale used - Kotahitanga Log Haulage Ltd v Forest Distribution Ltd - Mangaroa and other blocks Incorporated (2015) 126 Waiāriki MB 14 (126 WAR 14)

Ownership of land - whether land is General land owned by Māori - Baker v Thomas Baker Whānau Trust (2015) 41 Takitimu MB 281 (41 TKT 281)

Succession - directions sought on succession to General land owned by Māori - Jones - Pukawa D3 Trust (2015) 124 Waiariki MB 217 (124 WAR 217)

Status of land - roadway determined as Māori freehold land - Whakatāne District Council - Part Allotment Matatā Parish 6 (2015) 124 Waiariki MB 282 (124 WAR 282)

Alienation - respondent within preferred class of alienees - Foster v Wood - Taupo No. 23 B Section 1 (2015) 108 Taitokerau MB 43 (108 TTK 43)

Trusts - enforcing trustee obligations - no grounds made out - Ngatai - Tokata B8 Trustees (2015) 50 Tairawhiti MB 175 (50 TRW 175)

Trusts - application for directions and to enforce trustee obligations - Gibbs-Smith – Te Tii (Waitangi) A Maori Reservation (2015) 104 Taitokerau MB 193 (102 TTK 193)

Trusts - review and variation of trust order - Horne v Anaru - Pukehina M Sec. 2A, No Section 2B No.2 and M2D Aggregated (2015) 123 Waiariki MB 40 (123 WAR 40)

Trusts - removal of trustees - Porou – Whareongaonga 5 Trust (2015) 49 Tairawhiti MB 46 (49 TRW 46)

Trusts - removal of trustees and award of equitable compensation - Waaka v Harrison - Poike 14 (Waimapu Marae) (2015) 101 Waikato Maniapoto MB 216 (101 WMN 216)

Occupation orders - granted in the face of majority opposition - Peita –Panguru C27A2 Block (2015) 104 Taitokerau MB 5 (104 TTK 5)

Māori Incorporations - removal of members of committee of management denied - Tahata v Tahata - Proprietors of Ngāwhakatutu A1A (2015) 49 Tairawhiti MB 251 (49 TRW 251)

Title reconstruction - partition refused - insufficient support - Ogle - Mangamuka East No. 1B No. 1B (2015) 103 Taitokerau 284 (103 TTK 284)

Easements - application for right of way dismissed - Gisborne District Council v Hautapu - Tatarahake No. 1 Block (2015) 50 Tairawhiti MB 199 (50 TRW 199)

Seafood sector

Māori in the seafood sector (fisheries and aquaculture) - the year in review - Justine Inns

Legislation - Ngā Whakaturetanga

Review of Te Ture Whenua Māori Act 1993 – exposure draft Bill and consultation - Haratua 2015

Print version

Download the Māori Law Review August 2015 (673 KB PDF).

Indigenous Law Speaker Series 2015

Our 2015 seminars continue in Auckland during August where Tracey Whare, Bernadette Arapere and Paul Beverley will give seminars

Recent developments in co-governance and co-management - Paul Beverley talked about co-governance and co-management issues on 28 August 2015 at Buddle Findlay, Auckland

From historian to lawyer – differing perspectives - Bernadette Arapere delivered the fifth of our 2015 seminars on 20 August 2015 at the University of Auckland Faculty of Law

Implementing the UN Declaration on the Rights of Indigenous Peoples – recent developments in international law - Tracey Whare delivered this seminar on 13 August 2015 at the University of Auckland Faculty of Law

Online resources - Ngā rauemi ipurangi

Legal Māori Resource Hub - explore how Māori language has been used in legal contexts over nearly two centuries

Sir Edward Taihakurei Durie student essay competition 2015

Entries are welcomed for the 2015 Sir Edward Taihakurei Durie student essay competition sponsored by the Māori Law Review. The competition is open until 5 p.m. Wednesday 30 September 2015. For details on the competition and how to enter go here.

Tūrāhui v Waitangi Tribunal

High Court [2015] NZHC 1624

10 July 2015

Mr Tūrāhui sought judicial review of a Waitangi Tribunal decision refusing to inquire urgently into claims and an application for remedies recommendations made on behalf of the hapū Āraukūkū. The High Court declined to grant judicial review so the application failed. Subsequently an appeal to the Court of Appeal was dismissed.

Download Tūrāhui v Waitangi Tribunal [2015] NZHC 1624. read more

Acting Chief Executive of the Ministry for Culture and Heritage - Taonga Tūturu found at Kerikeri

Māori Land Court (2015) 106 Taitokerau MB 210 (106 TTK 210)

3 July 2015

During construction of the Kerikeri bypass in 2006 various taonga were uncovered. Competing claims for ownership and custody were made on behalf of various hapū of Ngāpuhi. The Court considered that none of the parties had been able to establish a claim for traditional ownership or rightful possession of the taonga. However, Ngāti Rehia was found to have established a good claim to custody of the taonga.

Download Acting Chief Executive of the Ministry for Culture and Heritage - Taonga Tūturu found at Kerikeri (280 KB PDF) here. read more

Kotahitanga Log Haulage Ltd v Forest Distribution Ltd - Mangaroa and other blocks Incorporated

Māori Land Court (2015) 126 Waiāriki MB 14 (126 WAR 14)

13 August 2015

Unsuccessful applicants were ordered to pay costs the equivalent of the scale of costs used in the District Court.

Download Kotahitanga Log Haulage Ltd v Forest Distribution Ltd - Mangaroa and other blocks Incorporated (2015) 126 Waiāriki MB 14 (126 WAR 14) (248KB PDF). read more

Te Tumu Paeroa v Wharerau - Lot 9 DP 37339 (CFRNA971/29)

Māori Land Court (2015) 107 Taitokerau MB 262 (107 TKT 262)

24 July 2015

The Court granted an application seeking orders that the respondent, his family and invitees were in possession of trust property without right, and an order removing them from the property by permanent injunction.

Download Te Tumu Paeroa v Wharerau - Lot 9 DP 37339 (CFRNA971/29) (176 KB PDF) here. read more