Jones - Pukawa D3 Trust
Māori Land Court (2015) 124 Waiariki MB 217 (124 WAR 217)
27 July 2015
Directions sought concerning succession to land determined and no further action required.
Download Jones - Pukawa D3 Trust (248 KB PDF) here. read more
Baker - Part Lot 1 DP 13787 (formerly Pt Tarawera 5A)
Māori Land Court (2015) 41 Takitimu MB 281 (41 TKT 281)
21 July 2015
Orders were sought that the applicant was the sole owner of certain land, being general land owned by Maori and that certain persons were not within the class of beneficiaries of a trust. The application was dismissed because there was no jurisdiction to make the orders sought.
Download Baker - Part Lot 1 DP 13787 (formerly Pt Tarawera 5A) (2015) 41 Tākitimu MB 281 (41 TKT 281) (263 KB PDF). read more
Whakatāne District Council - Part Allotment Matatā Parish 6
Māori Land Court (2015) 124 Waiariki MB 282 (124 WAR 282)
29 July 2015
A roadway created during an earlier partition determined to have status of Māori freehold land and its ownership was confirmed as remaining with that of the parent block.
Download Whakatāne District Council - Part Allotment Matatā Parish 6 (202 KB PDF) here. read more
Foster v Wood - Taupo No. 23 B Section 1
Māori Land Court (2015) 108 Taitokerau MB 43 (108 TTK 43)
31 July 2015
The respondents were confirmed as members of the preferred class of alienees entitled to first option to purchase the land for sale. It is irrelevant that the land was partitioned, as the relevant association is with the land itself.
Download Foster v Wood - Taupo No. 23 B Section 1 (192 KB PDF) here. read more
Ngatai - Tokata B8 Trustees
Māori Land Court (2015) 50 Tairawhiti MB 175 (50 TRW 175)
25 July 2015
Application to enforce trust obligations on behalf of whānau dismissed.
Download Ngatai - Tokata B8 Trustees (219 KB PDF) here. read more
Gibbs-Smith – Te Tii (Waitangi) A Maori Reservation
Māori Land Court (2015) 104 Taitokerau MB 193 (102 TTK 193)
12 June 2015
Successful application in part to obtain directions from the Court and to enforce trust obligations in relation to Te Tiriti o Waitangi Marae.
Download Gibbs-Smith – Te Tii (Waitangi) A Maori Reservation (225 KB PDF) here. read more
Horne v Anaru - Pukehina M Sec. 2A, No Section 2B No.2 and M2D Aggregated
Māori Land Court (2015) 123 Waiariki MB 40 (123 WAR 40)
7 July 2015
Application for review of trust and variation of trust order granted.
Download Horne v Anaru - Pukehina M Sec. 2A, No Section 2B No.2 and M2D Aggregated (235 KB PDF) here. read more
Porou – Whareongaonga 5 Trust
Māori Land Court (2015) 49 Tairawhiti MB 46 (49 TRW 46)
11 June 2015
Application for removal of trustees granted and report on administration of trust ordered.
Download Porou – Whareongaonga 5 Trust (313 KB PDF) here. read more
Waaka v Harrison - Poike 14 (Waimapu Marae)
Māori Land Court (2015) 101 Waikato Maniapoto MB 216 (101 WMN 216)
21 July 2015
The Court found there were clear grounds to remove three trustees of a marae in light of misappropriation of trust money. A fourth trustee was not removed, having resigned. The fifth trustee, the applicant, acted appropriately when he discovered irregularities in use of the trust's funds. There were no grounds to remove him. Nor could he be criticised for failing to participate in an arbitration under the marae charter in light of the misappropriation of money at issue. Equitable compensation was awarded along with other orders.
Download Waaka v Harrison - Poike 14 (Waimapu Marae) (256 KB PDF) here. read more
Tahata v Tahata - Proprietors of Ngāwhakatutu A1A
Māori Land Court (2015) 49 Tairawhiti MB 251 (49 TRW 251)
25 June 2015
An application for the removal of members of an Incorporation's committee of management was dismissed in the circumstances of an ongoing dispute between family members.
Download Tahata v Tahata - Proprietors of Ngāwhakatutu A1A (219 KB PDF) here. read more
Gisborne District Council v Hautapu - Tatarahake No. 1 Block
Māori Land Court (2015) 50 Tairawhiti MB 199 (50 TRW 199)
27 July 2015
Application dismissed seeking the grant of an easement for a right of way.
Download Gisborne District Council v Hautapu - Tatarahake No. 1 Block (2.0 MB PDF). read more
Justine Inns, partner at Ocean Law, reviews Māori involvement in the seafood sector. read more
Peita – Panguru C27A2 Block
Māori Land Court (2015) 104 Taitokerau MB 5 (104 TTK 5)
29 May 2015
Occupation orders granted despite opposition by the majority of owners.
Download Peita – Panguru C27A2 Block (216 KB PDF) here. read more
Ogle - Mangamuka East No. 1B No. 1B
Māori Land Court (2015) 103 Taitokerau 284 (103 TTK 284)
28 May 2015
Application for partition dismissed due to insufficient owner support.
Download Ogle - Mangamuka East No. 1 B No. 1 B (182 KB PDF) here. read more
Judicial review – refusal to make binding recommendations over forest land - Haronga v Waitangi Tribunal [2015] NZHC 1115 - Baden Vertongen
Ownership of dwelling - declined because house was properly a chattel in this case - Tainui - Arahura No 2A (2015) 30 Te Waipounamu MB 168 (30 TWP 168)
Costs - 80% of actual costs granted - Hettig v ANZ Bank - Kaiawhina Trust and Lot 1 Deposited Plan158328 (2015)104 Taitokerau MB 130 (104 TTK 130)
Status of land - change of status to general land declined - Gibbs - Akura 3C1A3 (2015) 41 Takitimu MB 235 (41 TKT 235)
Succession - no grant of administration - application dismissed - potential invalidity of will - Wellington v Wellington - Estate of Henare Haehae Wellington (2015) 104 Taitokerau MB 156 (104 TTK 156)
Alienation - Māori Trustee – shares purchased under the conversion fund returned to current owners – Māori Trustee v Ihaia - Omapere Taraire E & Rangihamama X3A (Aggregated) (2014) 88 Taitokerau MB 9 (88 TTK 9)
Alienation - alienation of shares declined - preferred class of alienees - Kingi - Te Maika A5 (2015) 104 Taitokerau MB 103 (104 TTK 103)
Trusts - removal of trustee following conviction - McGregor v Hutchison - Mangamaire B13A Trust (2015) 40 Tākitimu 19 (40 TKT 19)
Trusts – trustee to account for profits received in breach of duty – Savage v Adlam – Lot 39A Sec 2A Parish of Matatā (2014) 95 Waiariki MB 176 (95 WAR 176)
Easements - right of way variation granted - Mason - Te Konoti B3SB (2015) 104 Taitokerau MB 249 (104 TTK 249)
Māori Reservations – Court declined to set aside Lake Horowhenua as a Māori Reservation - Taueki v McMillan - Horowhenua 11 (Lake) (2014) 324 Aotea MB 144 (324 AOT 144)
From District Inquiries to Kaupapa Inquiries: a new horizon for the Waitangi Tribunal - Andrew Row
Review of Te Ture Whenua Māori Act 1993 – exposure draft Bill and consultation - Haratua 2015
Welfare and Māori - the year in review - Māmari Stephens
Download the Māori Law Review July 2015 (534 KB PDF).
Our 2015 seminars continue in Auckland during August where Tracey Whare, Bernadette Arapere and Paul Beverley will give seminars
Implementing the UN Declaration on the Rights of Indigenous Peoples – recent developments in international law - Tracey Whare will deliver the fourth of our 2015 seminars on 13 August 2015 at the University of Auckland Faculty of Law
Haronga v Waitangi Tribunal
High Court [2015] NZHC 1115
22 May 2015
The Waitangi Tribunal inquired into applications seeking return of Crown forest licensed land at Mangatū to Māori. The Tribunal declined three of these applications and adjourned the fourth. The Tribunal’s decision was subsequently challenged. The High Court granted judicial review, setting aside the decision and ordering the Tribunal to undertake its task afresh.
Download Haronga v Waitangi Tribunal (915 KB PDF) here. read more
Gibbs - Akura 3C1A3
Māori Land Court (2015) 41 Takitimu MB 235 (41 TKT 235)
15 July 2015
Application to change the status of land from Māori freehold land to General land declined.
Download Gibbs - Akura 3C1A3 (227 KB PDF) here. read more
Tainui - Arahura No 2A
Māori Land Court (2015) 30 Te Waipounamu MB 168 (30 TWP 168)
29 May 2015
Application determining ownership denied because house is a chattel.
Download Tainui - Arahura No 2A (213 KB PDF). read more
Savage v Adlam – Lot 39A Sec 2A Parish of Matatā
Māori Land Court (2014) 95 Waiariki MB 176 (95 WAR 176)
17 April 2014
The Court ordered the respondent to account to the Bath Trust for monies she received from the development of geothermal power stations on trust land.
Download Savage v Adlam – Lot 39A Sec 2A Parish of Matatā (609 KB PDF) here. read more
Hettig v ANZ Bank - Kaiawhina Trust and Lot 1 Deposited Plan158328
Māori Land Court (2015)104 Taitokerau MB 130 (104 TTK 130)
9 June 2015
Award of 80% of actual costs granted in determining application where indemnity costs sought.
Download Hettig v ANZ Bank - Kaiawhina Trust and Lot 1 Deposited Plan158328 (175 KB PDF). read more
Wellington v Wellington - Estate of Henare Haehae Wellington
Māori Land Court (2015) 104 Taitokerau MB 156 (104 TTK 156)
11 June 2015
An application for succession where there has been no grant of administration of the deceased's estate was dismissed because of allegations that the will the application was based on was invalid.
Download Wellington v Wellington - Estate of Henare Haehae Wellington (186 KB PDF). read more
Māori Trustee v Ihaia - Omapere Taraire E & Rangihamama X3A (Aggregated)
Māori Land Court (2014) 88 Taitokerau MB 9 (88 TTK 9)
1 October 2014
The Māori Trustee applied to cancel the majority of shares held by the Trustee in the Rangihamama X3A and Omapere Taraire E (Aggregated) block. The shares were acquired using the conversion fund. The Court dismissed the respondent’s argument that first right of refusal should be offered to the original owners of the shares (or their descendants).
Download Māori Trustee v Ihaia - Omapere Taraire E & Rangihamama X3A (Aggregated) (272 KB PDF) here. read more
Kingi - Te Maika A5
Māori Land Court (2015) 104 Taitokerau MB 103 (104 TTK 103)
5 June 2015
Preliminary issue determined that a proposed alienation of shares by the sole owner of a block was subject to the requirement to offer to the preferred class of alienees.
Download Kingi - Te Maika A5 (164 KB PDF). read more
McGregor v Hutchison - Mangamaire B13A Trust
Māori Land Court (2015) 40 Tākitimu 19 (40 TKT 19)
6 May 2015
Application seeking removal of a trustee was granted in light of the trustee's prior conviction for a dishonesty offence.
Download McGregor v Hutchison - Mangamaire B13A Trust (175 KB PDF). read more
Mason - Te Konoti B3SB
Māori Land Court (2015) 104 Taitokerau MB 249 (104 TTK 249)
23 June 2015
Applications to vary a right of way created in 1914 granted.
Download Mason - Te Konoti B3SB (356 KB PDF) here. read more