Solomon-Rehe v Hokotehi Moriori Trust
High Court - Te Kōti Matua [2015] NZHC 46
30 January 2015 and 6 March 2015
An impasse had developed between two groups of trustees and the trust had become dysfunctional. There was disagreement over the validity of a 2010 constitutional amendment and a 2012 trustee election. The Court found that the trustees were operating in breach of their trust obligations and in breach of the Māori Fisheries Act 2004. The trustees were removed and two interim trustees appointed to manage the process of fresh elections to be held under the supervision of the High Court.
Download Solomon-Rehe v Hokotehi Moriori Trust (30 January 2015) and Solomon-Rehe v Hokotehi Moriori Trust (6 March 2015) (261 and 612 KB PDF). read more
The Government has released an exposure draft Te Ture Whenua Māori Bill in order to engage in consultation on its proposed reforms to the law relating to Māori land.
Download the exposure draft Te Ture Whenua Māori Bill (Haratua 2015) and the Government's consultation proposals about the law reform. read more
Coast Law - Allotment 266A3C2 Waimana Parish Block
Māori Land Court (2014) 103 Waiariki MB 270 (103 WAR 270)
9 September 2014
Application for a status order determining and declaring Allotment 266A3C2 Waimana Parish is General land. The Court determined the land became General land once it was transferred pursuant to s 2(2)(f) of the Māori Affairs Act 1953.
Download Coast Law - Allotment 266A3C2 Waimana Parish Block (165 KB PDF) here. read more
Goffe v ANZ Bank New Zealand Limited - Whirinaki 5K 6F
Māori Land Court (2015) 99 Taitokerau MB 248 (99 TTK 248)
12 May 2015
Application for costs incurred in opposing an interim injunction partially granted.
Download Goffe v ANZ Bank New Zealand Limited - Whirinaki 5K 6F (203 KB PDF). read more
Big Hill Station Limited v Trustees of Awarua o Hinemanu Trust – Awarua o Hinemanu Trust
Māori Land Court (2015) 39 Takitimu MB 16 (39 TKT 16)
23 March 2015
Big Hill Station Limited sought a rehearing of a decision dismissing an application for access to landlocked land without making orders as to costs. The applicant argued that, as it was not given the opportunity to be heard on the matter of costs, natural justice was not served. The Court considered the applicants are entitled to make a claim for their costs and should not have to suffer unreasonable delay in seeking those costs. Accordingly, the application was granted.
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Pouwhare v Auld - Oparau No 1 Block and Pirongia West 12B3D
Māori Land Court (2015) 95 Waikato Maniapoto MB 167 (95 WMN 167)
16 March 2015
Decision on costs. The respondent was awarded $9,296.20 being 50 percent of the costs reasonably and properly incurred throughout the proceedings. Some costs claimed were not properly incurred.
Download Pouwhare v Auld - Oparau No 1 Block and Pirongia West 12B3D (272 KB PDF) here. read more
Manuirirangi v Parininihi ki Waitotara Incorporation - Waiokura Te Kauae blocks
Māori Land Court (2014) 319 Aotea MB 247 (319 AOT 247)
7 May 2014
Decision on costs. The respondent sought an award of $5,624.82 that comprised in part $3,461.00 for management time. The Court was satisfied the management time claimed was incidental to the proceedings and that some contribution towards those costs was warranted.
Download Manuirirangi v Parininihi ki Waitotara Incorporation - Waiokura Te Kauae blocks (215 KB PDF) here. read more
Kotahitanga Log Haulage Limited v Forest Distribution Limited
Māori Land Court (2015) 121 Waiariki MB 149 (121 WAR 149)
5 May 2015
The Court's jurisdiction was not triggered because the subject matter of the contract does not relate to land.
Download Kotahitanga Log Haulage Limited v Forest Distribution Limited (161 KB PDF) here. read more
Slade - Parengarenga 3G
Māori Land Court (2014) 87 Taitokerau MB 46 (87 TTK 46)
12 September 2014
This case concerned an ex parte application for a Mareva injunction on behalf of the Parengarenga 3G Trust. The Court granted the Mareva injunction as it considered the former trustees had significant questions to answer in relation to the money they had received.
Download Slade - Parengarenga 3G (120 KB PDF) here. read more
Powell - Tunapahore 6
Māori Land Court (2015) 118 Waiariki MB 150 (118 WAR 150)
30 April 2015
Inquiry into administration of a Māori reservation was granted. One trustee was removed and another was directed to resign before or at the next meeting of beneficiaries.
Download Powell - Tunapahore 6 (118 KB PDF) when available. read more
Murray - Mahinepua B1
Māori Land Court (2014) 87 Taitokerau MB 227 (87 TTK 227)
23 September 2014
Two of the trustees of Mahinepua B1 Māori Reservation applied for a determination of the beneficiaries and boundaries of the reservation. They argued that there was confusion and uncertainty surrounding the Gazette Notice for the reservation. The Court did not consider the Gazette Notice was confusing or uncertain.
Download Murray - Mahinepua B1 (104 KB PDF) here. read more
Royal v Broughton - Muhunoa 3A1E1 Sub 8A (Kikopiri Marae Māori Reservation)
Māori Land Court (2014) 325 Aotea MB 250 (325 AOT 250)
18 September 2014
Mr Royal applied to have Mr Broughton removed as a trustee of Muhunoa 3A1E1 Sub 8A Kīkopiri Marae Reservation. The application was supported by nine of the 12 trustees. The Court considered that Mr Broughton’s conduct was unsatisfactory and that there were grounds for his removal. However, the Court chose to adjourn the application so that Mr Broughton could consider resigning and thus leave open the possibility of future reappointment.
Download Royal v Broughton - Muhunoa 3A1E1 Sub 8A (Kikopiri Marae Māori Reservation) (138 KB PDF) here. read more
Gilbert Family Trust - Marokopa 3 Block
Māori Land Court (2015) 97 Waikato Maniapoto MB 68 (97 WMN 68)
23 April 2015
Application to change the status of land from Māori freehold land to general land declined.
Download Gilbert Family Trust - Marokopa 3 Block (203 KB PDF) here. read more
Haimona v The Trustees of Te Karaka No 1A Ahu Whenua Trust - Te Karaka No 1A Ahu Whenua Trust and Rotoiti 3G1 Blocks
Māori Land Court (2015) Chief Judge's MB 228 (2015 CJ 228)
7 April 2015
Application for a permanent injunction dismissed.
Download Haimona v The Trustees of Te Karaka No 1A Ahu Whenua Trust - Te Karaka No 1A Ahu Whenua Trust and Rotoiti 3GI Blocks (338 KB PDF).
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Tawera v Tawera – Waitangi A1A2
Māori Land Court (2014) 39 Tairawhiti MB 45 (39 TRW 45)
24 April 2014
A dispute arose as to who had the right to occupy the homestead on Waitangi A1A2. Although the applicant held a lease for the land, the Court found that he had transferred his right to occupy to the respondents.
Download Tawera v Tawera – Waitangi A1A2 (195 KB PDF) here. read more
Pomare - Peter Here Pomare
Māori Land Court (2015) 103 Taitokerau MB 95 (103 TTK 95)
8 May 2015
The applicant, the legally adopted son of the deceased, succeeded to his father's land interests on intestacy. At issue was whether any of the nieces, nephews and grandchildren that the deceased had helped to raised were whāngai for the purposes of the legislation. The Court concluded that those persons were not whāngai for the purposes of the legislation.
Download Pomare - Peter Here Pomare (3.8 MB PDF) here. read more
Trustees of Te Ngae Farm Trust v Trustees of Ngāti Rangiteaorere Koromatua Council - Te Ngae Farm Trust
Māori Land Court (2015) 118 Waiariki MB 92 (118 WAR 92)
24 April 2015
Application granted to remove trustees, terminate the trust and vest trust assets in another trust.
Download Trustees of Te Ngae Farm Trust v Trustees of Ngāti Rangiteaorere Koromatua Council - Te Ngae Farm Trust (281 KB PDF) here. read more
Tupe Snr v Everton - Manunui No 1 4th Residue Ahu Whenua Trust
Māori Land Court (2015) 334 Aotea MB 227 (334 AOT 227)
23 March 2015
Review of trust. The Court ordered the trustees to refund any payments received in breach of trust and varied the trust order so that any trustee removed by the Court for cause is ineligible for reappointment.
Download Tupe Snr v Everton - Manunui No 1 4th Residue Ahu Whenua Trust (330 KB PDF) here.
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Raukawa v Lux - Te Oitahuna Raukawa Whānau Trust
Māori Land Court (2015) 116 Waiariki MB 288 (116 WAR 288)
8 April 2015
An application for review of a trust, removal of trustees, and enforcement of trust obligations was granted.
Download Raukawa v Lux - Te Oitahuna Raukawa Whānau Trust (245 KB PDF). read more
Worsnop v Lux - Honeri Raukawa Whānau Trust
Māori Land Court (2015) 117 Waiariki MB 3 (117 WAR 3)
8 April 2015
Application for review of a trust and removal of trustees granted.
Download Worsnop v Lux - Honeri Raukawa Whānau Trust (134 KB PDF). read more
Opai - Kohatutaka 6A10D2C
Māori Land Court (2014) 93 Taitokerau MB 6 (93 TTK 6)
18 December 2014
Application for partition. The application was granted as it was necessary to facilitate the effective operation, development, and utilisation of the land and there was no reasonable alternative to partition.
Download Opai - Kohatutaka 6A10D2C (239 KB PDF) here. read more
Pue v Kīngi - Te Rūnanga o Ngāti Maru (Taranaki) Whenua Tōpu Trust
Māori Land Court (2015) 355 Aotea MB 1 (355 AOT 1)
27 March 2015
Judgment addressing a number of allegations about Te Rūnanga o Ngāti Maru (Taranaki) Whenua Tōpu Trust determing former trustees would have been removed for cause had they not resigned and issuing directions to ensure any trust funds taken in breach of trust were repaid.
Download Pue v Kīngi - Te Rūnanga o Ngāti Maru (Taranaki) Whenua Tōpu Trust (450.1 KB PDF). read more
Worsnop v Lux - Ruarakai-Tokomanawa Lands Trust
Māori Land Court (2015) 117 Waiariki MB 26 (117 WAR 26)
8 April 2015
Application for removal of trustee granted.
Download Worsnop v Lux - Ruarakai-Tokomanawa Lands Trust (134 KB PDF). read more
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
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
