Taueki v McMillan - Horowhenua 11 (Lake)
Māori Land Court (2014) 324 Aotea MB 144 (324 AOT 144)
29 August 2014
The Court declined to set aside Horowhenua 11 (Lake) block as a Māori Reservation as a wāhi tapu under s 338(1)(b) of the Act.
Download Taueki v McMillan - Horowhenua 11 (Lake) (312 KB PDF) here. read more
Māmari Stephens, senior lecturer in law at Victoria University of Wellington and a consultant editor to the Māori Law Review, reviews developments over the last year in welfare law affecting Māori. read more
Leave to appeal - leave refused - premature - Ngāti Wahiao v Ngāti Hurungaterangi, Ngāti Taeotu Me Ngāti Te Kahu O Ngāti Whakaue [2015] NZSC 67 - Toni Love
Judicial review - use of land in a Treaty settlement - Attorney-General v Ririnui [2015] NZCA 160 - Leo Watson
Occupation orders – lower Court exercised its discretion improperly - Howell v Jaram [2015] Māori Appellate Court MB 365 (2015 APPEAL 365)
Succession – nothing in Act to suggest succession must follow the male line – Keepa v Vercoe - Ruatoki B13A2A [2015] Māori Appellate Court MB 196 (2015 APPEAL 196)
Trusts – removal of trustee – order for removal set aside – Keepa v Vercoe - Ruatoki B92 [2015] Māori Appellate Court MB 189 (2015 APPEAL 189)
Costs – lower Court erred in awarding costs solely against one former trustee – Gemmell v Gemmell - Mohaka A4 Trust [2015] Māori Appellate Court MB 114 (2015 APPEAL 114)
Māori fisheries - criteria for coastline entitlement - Te Ohu Kaimoana Trustee Limited v Te Runanga Nui o Te Aupōuri (2015) 102 Taitokerau MB 1 (102 TTK 1)
Māori fisheries - matter bound to be referred to the Court – Te Ohu Kaimoana Trustee Limited v Te Rūnanga Nui o Te Aupouri (2014) 78 Taitokerau MB 112 (78 TTK 112)
Injunction - interim injunction granted - Davies v The Trustees of the Te Tii Waitangi B3 Ahu Whenua Trust - Lot 16 DP 61631 and Lot 18 DP 61631 (2015) 104 Taitokerau MB 139 (104 TTK 139)
Injunction - declined - dwelling on roadway not a substantial interference - Putataua Bay Holdings Limited v Pere (2015) 105 Taitokerau MB 103 (105 TTK 103)
Jurisdiction – power of Court to make orders at a judicial conference - Taunoka Trust v Trustees of the Mangaporou Trust (2015) 337 Aotea MB 131 (337 AOT 131)
Costs – special aid not a shield against a costs award - Trustees of the Horina Nepia & Te Hiwi Piahana Whānau Trust v Ngati Tukorehe Tribal Committee & Tahamata Incorporation (2014) 319 Aotea MB 238 (319 AOT 238)
Costs - unreasonable claim - reduced amount awarded - Huata-Kupa v Tataraakina C Trust - Tataraakina C Trust (2015) 40 Tākitimu MB 207
Costs - reasonable amount awarded for costs incurred - Ngamoki-Cameron - The Proprietors of Mangaroa (2015) 119 Waiariki MB 225 (119 WAR 225)
Charging orders - granted against land for unpaid rates - Kaka v Ruapehu District Council - Ohura South N2E1B (2015) 337 Aotea MB 143
Status of land - insufficient evidence to grant application to change - Wallace - Section 8B No 1 Block IV Waitara Survey District (2015) 337 Aotea MB 61 (337 AOT 61)
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)
Trusts – no relief from trustees' liability to reimburse - Moeahu v Winitana - Waiwhetu Pa No 4 (2014) 319 Aotea MB 166 (319 AOT 166)
Trusts - relief from liability of trustees who acted reasonably and honestly - Deputy Registrar v Trustees of Okahukura 8M2C2C2B Trust (2015) 337 Aotea MB 101 (337 AOT 101)
Trusts - application to replace trustees declined - Milne - Te Kainga O Takenui Whānau Trust (2015) 104 Taitokerau MB 28 (104 TTK 28)
Easements and roadways - non-access easement granted - Top Energy Ltd - Whakataha Z1C (2015) 104 Taitokerau MB 108 (104 TTK 108)
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
Download the Māori Law Review June 2015 (572 KB PDF).
Attorney-General v Ririnui
Court of Appeal [2015] NZCA 160
12 May 2015
The Court of Appeal granted the Attorney-General's appeal against the High Court's decision in a judicial review application brought on behalf of Ngāti Whakahemo about the sale of a farm owned by Landcorp.
Download Attorney-General v Ririnui [2015] NZCA (765 KB PDF). read more
Howell v Jaram
[2015] Māori Appellate Court MB 365 (2015 APPEAL 365)
23 June 2015
Appeal allowed against a decision of the lower Court amending an occupation order over Omaio 43 Section 4 Block pursuant to s 330. In exercising its discretion the lower Court failed to take into account a relevant factor, proceeded on a wrong principle and had taken into account an irrelevant factor.
Download Howell v Jaram (230 KB PDF) here. read more
Keepa v Vercoe - Ruatoki B13A2A
[2015] Māori Appellate Court MB 196 (2015 APPEAL 196)
20 May 2015
Mr Keepa appealed against a decision of the lower Court, arguing that he should have been found entitled to succeed to the Māori land interests of his sister. Mr Keepa’s argument was based on a proposition that Māori land interests are a taonga tuku iho and should follow the male line. Appeal dismissed.
Download Keepa v Vercoe - Ruatoki B13A2A (267 KB PDF) here. read more
Keepa v Vercoe - Ruatoki B92
[2015] Māori Appellate Court MB 189 (2015 APPEAL 189)
20 May 2015
Appeal against a decision of the lower Court removing Mr Keepa as a trustee of Ruatoki B92. The appeal was allowed because there were procedural deficiencies in the lower Court’s decision.
Download Keepa v Vercoe - Ruatoki B92 (252 KB PDF) here. read more
Gemmell v Gemmell - Mohaka A4 Trust
[2015] Māori Appellate Court MB 114 (2015 APPEAL 114)
8 May 2015
Appeal against an award of costs. The Appellate Court considered the lower Court erred in its approach. It set aside the order previously made against one former trustee and substituted its own decision on costs payable and allocation of responsibility for payment of those costs.
Download Gemmell v Gemmell - Mohaka A4 Trust (460 KB PDF) here. read more
Davies v The Trustees of the Te Tii Waitangi B3 Ahu Whenua Trust - Lot 16 DP 61631 and Lot 18 DP 61631
Māori Land Court (2015) 104 Taitokerau MB 139 (104 TTK 139)
10 June 2015
Application for an interim injunction granted.
Download Davies v The Trustees of the Te Tii Waitangi B3 Ahu Whenua Trust - Lot 16 DP 61631 and Lot 18 DP 61631 (181 KB PDF). read more
Putataua Bay Holdings Limited v Pere
Māori Land Court (2015) 105 Taitokerau MB 103 (105 TTK 103)
23 June 2015
Application for an injunction to require removal of a dwelling dismissed.
Download Putataua Bay Holdings Limited v Pere (287 KB PDF) here. read more
Kaka v Ruapehu District Council - Ohura South N2E1B
Māori Land Court (2015) 337 Aotea MB 143
9 June 2015
Charging order earlier made against land for unpaid rates affirmed after a rehearing.
Download Kaka v Ruapehu District Council - Ohura South N2E1B (122 KB PDF). read more
Te Ohu Kaimoana Trustee Limited v Te Runanga Nui o Te Aupōuri - application under s 182(4), Maori Fisheries Act 2004
Māori Land Court (2015) 102 Taitokerau MB 1 (102 TTK 1)
1 May 2015
Download Te Ohu Kaimoana Trustee Limited v Te Rūnanga Nui o Te Aupōuri (315 KB PDF). read more
Te Ohu Kaimoana Trustee Limited v Te Rūnanga Nui o Te Aupouri
Māori Land Court (2014) 78 Taitokerau MB 112 (78 TTK 112)
16 April 2014
Interim decision of the Court setting out the reasons for the oral indication that the Court has jurisdiction to inquire into a dispute referred to it by Te Ohu Kaimoana Trustee Limited.
Download Te Ohu Kaimoana Trustee Limited v Te Rūnanga Nui o Te Aupouri (123 KB PDF) here. read more
Taunoka Trust v Trustees of the Mangaporou Trust
Māori Land Court (2015) 337 Aotea MB 131 (337 AOT 131)
10 June 2015
The Court has no power to make binding orders at judicial conferences.
Download Taunoka Trust v Trustees of the Mangaporou Trust (220 KB PDF). read more
Trustees of the Horina Nepia & Te Hiwi Piahana Whānau Trust v Ngati Tukorehe Tribal Committee & Tahamata Incorporation
Māori Land Court (2014) 319 Aotea MB 238 (319 AOT 238)
5 May 2014
Costs awarded against a party granted special aid.
Download Trustees of the Horina Nepia & Te Hiwi Piahana Whānau Trust v Ngati Tukorehe Tribal Committee & Tahamata Incorporation (194 KB PDF) here. read more
Ngamoki-Cameron - The Proprietors of Mangaroa & Other Blocks Inc
Māori Land Court (2015) 119 Waiariki MB 225 (119 WAR 225)
19 May 2015
The applicant was entitled to a reasonable amount for costs incurred both as a lay particpant in some aspects of the proceedings and in relation to portions where counsel was engaged.
Download Ngamoki-Cameron - The Proprietors of Mangaroa & Other Blocks Inc (325 KB PDF) here. read more
Huata-Kupa v Tataraakina C Trust - Tataraakina C Trust
Māori Land Court (2015) 40 Tākitimu MB 207 (40 TKT 207)
29 May 2015
Costs claimed were excessive. The applicant received a reduced amount subject to findings in substantive proceedings.
Download Huata-Kupa v Tataraakina C Trust - Tataraakina C Trust (258 KB PDF) here. read more
Deputy Registrar v Trustees of Okahukura 8M2C2C2B Trust
Māori Land Court (2015) 337 Aotea MB 101 (337 AOT 101)
22 May 2015
Expenditure by trustees in breach of trust. Relief granted from the requirement to reimburse this expenditure.
Download Deputy Registrar v Trustees of Okahukura 8M2C2C2B Trust (187 KB PDF) here. read more
Wallace - Section 8B No 1 Block IV Waitara Survey District
Māori Land Court (2015) 337 Aotea MB 61 (337 AOT 61)
21 May 2015
Application to change status of land from Māori freehold to general land declined.
Download Wallace - Section 8B No 1 Block IV Waitara Survey District (262 KB PDF) here. read more
Moeahu v Winitana - Waiwhetu Pa No 4
Māori Land Court (2014) 319 Aotea MB 166 (319 AOT 166)
30 April 2014
Decision on whether a trustee should be granted relief from liability to reimburse trust property after committing breaches of trust. The trustee had not acted reasonably. Relief could not be granted.
Download Moeahu v Winitana - Waiwhetu Pa No 4 (168 KB PDF) here. read more
Milne - Te Kainga O Takenui Whānau Trust
Māori Land Court (2015) 104 Taitokerau MB 28 (104 TTK 28)
29 May 2015
Application to replace trustees declined.
Download Milne - Te Kainga O Takenui Whānau Trust (200 KB PDF). read more
Top Energy Ltd - Whakataha Z1C
Māori Land Court (2015) 104 Taitokerau MB 108 (104 TTK 108)
8 June 2015
Application for non-access electricity easements granted.
Download Top Energy Ltd - Whakataha Z1C (243 KB PDF) here. read more
Following the 2014 release of the Waitangi Tribunal's Strategic Direction for 2014–2025, the Tribunal has now released a programme of inquiries into groups of unresolved claims that have a common kaupapa (subject).
read more
Arbitration – adjudication of mana whenua dispute made subject to arbitration - Bidois v Leef [2014] NZCA 176 - Baden Vertongen
Māori fisheries - mandated iwi organisations - no valid amendment to constitution of charitable trust - failure to hold trustee elections - Solomon-Rehe v Hokotehi Moriori Trust [2015] NZHC 46
Review of Te Ture Whenua Māori Act 1993 – exposure draft Bill and consultation - Haratua 2015
Jurisdiction:
Power of the court to grant specific performance - Kotahitanga Log Haulage Limited v Forest Distribution Limited (2015) 121 Waiariki MB 149 (121 WAR 149)
Injunction:
Mareva injunction issued over former trustees – Slade - Parengarenga 3G (2014) 87 Taitokerau MB 46
Chief Judge's powers:
Permanent injunction declined - Haimona v The Trustees of Te Karaka No 1A Ahu Whenua Trust - Te Karaka No 1A Ahu Whenua Trust and Rotoiti 3G1 Blocks (2015) Chief Judge's MB 228
Rehearing
Denying a rehearing on costs could create a possible injustice – Big Hill Station Limited v Trustees of Awarua o Hinemanu Trust – Awarua o Hinemanu Trust (2015) 39 Takitimu MB 16 (39 TKT 16)
Costs:
Some costs claimed were not reasonably incurred - Pouwhare v Auld - Oparau No 1 Block and Pirongia West 12B3D (2015) 95 Waikato Maniapoto MB 167 (95 WMN 167)
Respondent allowed to claim for management time - Manuirirangi v Parininihi ki Waitotara Incorporation - Waiokura Te Kauae blocks (2014) 319 Aotea MB 247 (319 AOT 247)
Partially granted - Goffe v ANZ Bank New Zealand Limited - Whirinaki 5K 6F (2015) 99 Taitokerau MB 248 (99 TTK 248)
Status of land:
Change from Māori freehold land to general land declined - Gilbert Family Trust - Marokopa 3 Block (2015) 97 Waikato Maniapoto MB 68 (97 WMN 68)
Land deemed General land under Māori Affairs Act 1953 – Coast Law - Allotment 266A3C2 Waimana Parish Block (2014) 103 Waiariki MB 270
Trusts:
Termination of trust and vesting assets in another trust - Trustees of Te Ngae Farm Trust v Trustees of Ngāti Rangiteaorere Koromatua Council - Te Ngae Farm Trust (2015) 118 Waiariki MB 92 (118 WAR 92)
Review of trust and removal of advisory trustees – trustees ordered to refund payments received in breach of trust – Tupe Snr v Everton - Manunui No 1 4th Residue Ahu Whenua Trust (2015) 334 Aotea MB 227 (334 AOT 227)
Review of trust and removal of trustees - Raukawa v Lux - Te Oitahuna Raukawa Whānau Trust (2015) 116 Waiariki MB 288
Review of trust and removal of trustees - Worsnop v Lux - Honeri Raukawa Whānau Trust (2015) 117 Waiariki MB 3
Removal of trustee - Worsnop v Lux - Ruarakai-Tokomanawa Lands Trust (2015) 117 Waiariki MB 26
Removal of trustees declined – trustees were shown to have been diligent and hard working - Olsen v Vercoe - Matata Parish Lot 6A (2015) 116 Waiariki MB 63 (116 WAR 63)
Recovery of trust funds and removal of trustees - Pue v Kīngi - Te Rūnanga o Ngāti Maru (Taranaki) Whenua Tōpu Trust (2015) 355 Aotea MB 1 (355 AOT 1)
Proposal to constitute ahu whenua trust over 11 separate blocks adjourned and general guidance issued – Far North District Council - Okahu 3B2B2 (2014) 91 Taitokerau MB 284 (91 TTK 284)
Ahu whenua trusts – Registrar to maintain record of beneficial ownership of General land - Larsen - Tanumi Reti (2014) 88 Taitokerau MB 273 (88 TTK 273)
Occupation orders:
Applicant had transferred right to occupy - Tawera v Tawera – Waitangi A1A2 (2014) 39 Tairawhiti MB 45 (39 TRW 45)
Māori reservations:
Inquiry granted into administration - Powell - Tunapahore 6 (2015) 118 Waiariki MB 150
Removal of trustees - trustee encouraged to resign - Royal v Broughton - Muhunoa 3A1E1 Sub 8A (Kikopiri Marae Māori Reservation) (2014) 325 Aotea MB 250 (325 AOT 250)
Gazette Notice was not confusing or uncertain – Murray - Mahinepua B1 (2014) 87 Taitokerau MB 227 (87 TTK 227)
Succession:
Whether persons were whāngai and disposition of Māori land on intestacy - Pomare - Peter Here Pomare (2015) 103 Taitokerau MB 95 (103 TTK 95)
Maori incorporations:
Fresh election for committee of management - Whata - The Proprietors of Ruahine Kuharua Incorporation (2015) 120 Waiariki MB 204 (120 WAR 204)
Partition:
No reasonable alternative to partition given urbanisation of owners - Opai - Kohatutaka 6A10D2C (2014) 93 Taitokerau MB 6 (93 TTK 6)
Procedure:
Withdrawal of an application to the Court - Dawson v Dawson - Orohaki 894B Ahu Whenua Trust (2015) 29 Te Waipounamu MB 161
Refusal to waive application fee reversed - Wilson - Oue 2B3 and other blocks (2015) 2015 Chief Judge's MB 215 (2015 CJ 215)
Application for urgent remedies hearing and urgent inquiry declined - Ahitahi/Araukuku Hapū Claim (Wai 552, #2.35)
Life or death, and traditional medicine – primacy of indigenous rights - Hamilton Health Sciences Corporation v DH 2014 ONCJ 603 - Andrew Row
Are We There Yet? The Future of the Treaty of Waitangi: A Review - Max Harris
Moving beyond a legalistic approach to applying the Treaty of Waitangi in contemporary New Zealand - Gareth Morgan and Susan Guthrie
Are We There Yet? The Future of the Treaty of Waitangi: A response to Morgan and Guthrie - Max Harris
Download the Māori Law Review May 2015 (669 KB PDF).
Criminal Justice, the State and Māori - Kim Workman, 2015 J. D. Stout Fellow, will deliver the third of our 2015 seminars on 28 May 2015 at the Faculty of Law, Victoria University of Wellington
Recent developments in co-governance and co-management - Paul Beverley will deliver the second seminar for 2015 on 21 May 2015 at the Faculty of Law, Victoria University of Wellington
Ko te manu e kai ana i te mātauranga - nōnā te ao: overseas postgraduate reflections - Horiana Irwin Easthope and Natalie Coates will deliver the first of our 2015 seminars on 7 May 2015 at the Faculty of Law, Victoria University of Wellington
The Implementation of the Declaration on the Rights of Indigenous Peoples: Implications for Aotearoa/New Zealand - Professor James Anaya, University of Arizona, will deliver this public lecture on 11 June 2015 at Old Government House, Auckland
Bidois v Leef
Court of Appeal – Te Kōti Pīra [2015] NZCA 176
18 May 2015
A mana whenua dispute remained between Pirirakau and Ngāti Taka in the final stages of negotiating a settlement with the Crown of the historical claims of Ngāti Ranginui. The two hapū agreed that two arbitrators would decide the matter after hearing from the parties in a ‘Rangatira ki te Rangatira manner’. The arbitrators ruled that mana whenua lay with Pirirakau at the relevant time. Ngāti Taka applied to set aside the award and were successful in the High Court.
On appeal, the Court of Appeal reversed the High Court, ruling that a question of mana whenua did arise ‘in respect of a defined legal relationship’ and so was an issue that could be subject to binding arbitration. Other issues put before the courts concerned allegations of conflicts of interest and natural justice failings. Subsequently, the Supreme Court dismissed Ngāti Taka's application for leave to appeal to that court. Baden Vertongen examines how this dispute shows that alternative dispute resolution processes can bring their own problems.
Download Bidois v Leef [2015] NZCA 176 (801 KB PDF). read more