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
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.
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
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
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
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
Trusts - variation - Appellate Court decision upheld - The Te Aute Trust Board v Hauraki [2014] NZCA 532
Recovery of land - Trustees in the section 14 block XIII Tautuku Trust v Cairns - Part Section 3 Block XIII Tautuku Survey District (2015) 29 Te Waipounamu 48 (29 TWP 48)
Recovery of land – injunction to accompany recovery order – Henry v Wood - Part Whakanekeneke 1B (2014) 85 Taitokerau MB 175
Alienation - gifts - gift declined for contravening kaupapa of Act - Smith - Hauai 2D8 (2015) 99 Taitokerau MB 200
Partition – orders to give effect to a hybrid partition - Heta - Taiharuru 4C3B (2015) 99 Taitokerau MB 164
Partition - dismissed - insufficient support and benefit - Te Ngahue v the Proprietors of Whetumatarau B45B2 (Pohutu Station) (2015) 47 Tairawhiti MB 81
Partition - order granted by a narrow margin - Reo v Reo - Whangaruru Whakaturia ID9B1 and other blocks (2015) 100 Taitokerau MB 156
Partition - final orders after survey - Chase-Seymour - Paenoa Te Akau (2015) 114 Waiariki MB 195
Partition and establishment of ahu whenua trust - Horan - Hiwarau C (2015) 118 Waiariki MB 25 (118 WAR 25)
Land exchange - costs and change of status - Whooley - Ngaiotonga 1B1 and 2B1 and Lots 1 - 2, and 3 DP383105 (2015) 99 Taitokerau MB 138
Trusts - application for review of the Parehuia June Durie Kaitiaki Trust - Deputy Registrar v Graham - Parehuia June Durie Kaitiaki Trust (2015) 334 Aotea MB 201
Trusts - breach of trustee duties - Trustees of the Rowallan Block XIII Sections 1 and 5 Ahu Whenua Trusts v Orbell – Rowallan Block XIII Sections 1 and 5 (2015) 28 Te Waipounamu MB 37
Trusts - application to enforce obligations of trust against the trustees of Purekawa A Trust - Whare v Trustees of Pukerewa A Trust – Pukerewa A Block (2015) 95 Waikato Maniapoto MB 105
Māori Incorporations – no investigation warranted – Floyd v The Proprietors of Hauhungaroa 2C Block Incorporation Committee of Management - Hauhungaroa 2C Incorporation (2014) 325 Aotea MB 42 (325 AOT 42)
Waitangi Tribunal procedure - Tribunal revokes priority hearing on prisoner voting - Directions of the Deputy Chairperson Rescinding Grant of Priority in the Electoral (Disqualification of Sentenced Prisoners) Amendment Act Claim (2015 Wai 2472, #2.5.11)
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 April 2015 (577 KB PDF).
The Te Aute Trust Board v Hauraki
Court of Appeal [2014] NZCA 532
4 November 2014
Appeal from a decision of the Māori Appellate Court relating to the Rua Roa and Ngawapurua Trusts. The Court of Appeal dismissed the appeal, noting there were no grounds to interfere with the Appellate Court’s overall conclusions.
Download The Te Aute Trust Board v Hauraki (688 KB PDF) here. read more
Trustees in the section 14 block XIII Tautuku Trust v Cairns - Part Section 3 Block XIII Tautuku Survey District
Māori Land Court (2015) 29 Te Waipounamu 48 (29 TWP 48)
16 March 2015
An application seeking recovery of leased land was granted over the Māori freehold land block and dismissed in respect of general land blocks.
Download Trustees in the section 14 block XIII Tautuku Trust v Cairns - Part Section 3 Block XIII Tautuku Survey District (1.2 MB PDF) here.
Henry v Wood - Part Whakanekeneke 1B
Māori Land Court (2014) 85 Taitokerau MB 175 (85 TTK 175)
3 September 2014
Mr Henry applied to recover Part Whakanekeneke 1B. In granting the application the Court noted that it is unclear how orders made pursuant to s 20(d) are to be enforced. Here the Court gave effect to the action for recovery by ordering an injunction pursuant to s 19 against the respondents.
Download Henry v Wood - Part Whakanekeneke 1B (150 KB PDF) here. read more
Smith - Hauai 2D8
Māori Land Court (2015) 99 Taitokerau MB 200 (99 TTK 200)
31 March 2015
Application to gift interests in the Hauai lands to the applicant's daughters declined.
Download Smith - Hauai 2D8 (962 KB PDF). read more
Heta - Taiharuru 4C3B
Māori Land Court (2015) 99 Taitokerau MB 164 (99 TTK 164)
27 March 2015
The Court made a range of orders giving effect to a hybrid partition over Taiharuru 4C3B.
Download Heta - Taiharuru 4C3B (156 KB PDF) here. read more
Te Ngahue v the Proprietors of Whetumatarau B45B2
Māori Land Court (2015) 47 Tairawhiti MB 81 (47 TRW 81)
10 April 2015
Application for partition order of Whetumatarau B45B2 (Pohutu Station) dismissed.
Download Te Ngahue v the Proprietors of Whetumatarau B45B2 when available (38 KB PDF). read more
Reo v Reo - Whangaruru Whakaturia ID9B1 and other blocks
Māori Land Court (2015) 100 Taitokerau MB 156 (100 TTK 156)
12 March 2015
Application for partition of combined areas granted by a narrow margin.
Download Reo v Reo - Whangaruru Whakaturia ID9B1 and other blocks (194 KB PDF). read more
Chase-Seymour - Paenoa Te Akau
Māori Land Court (2015) 114 Waiariki MB 195 (114 WAR 195)
3 March 2015
Final orders to implement a partition granted in 2012 subject to resolution of survey issues.
Download Chase-Seymour - Paenoa Te Akau (409 KB PDF). read more
Horan - Hiwarau C
Māori Land Court (2015) 118 Waiariki MB 25 (118 WAR 25)
17 April 2015
Application for partition and establishment of an ahu whenua trust granted.
Download Horan - Hiwarau C (180 KB PDF) here. read more
Whooley - Ngaiotonga 1B1 and 2B1 and Lots 1 - 2, and 3 DP383105
Māori Land Court (2015) 99 Taitokerau MB 138 (99 TTK 138)
26 March 2015
Costs associated with land exchange orders were ordered payable by the purchaser. The Court confirmed it has jurisdiction to change the status of exchanged land from Māori freehold land to General land.
Download Whooley - Ngaiotonga 1B1 and 2B1 and Lots 1 - 2, and 3 DP383105 (1.15 MB PDF). read more
Floyd v The Proprietors of Hauhungaroa 2C Block Incorporation Committee of Management - Hauhungaroa 2C Incorporation
Māori Land Court (2014) 325 Aotea MB 42 (325 AOT 42)
12 September 2014
Ms Floyd applied for an investigation into the affairs of Hauhungaroa 2C Incorporation. The Court did not consider there were any current issues sufficient to warrant further intervention and investigation from the Court.
Download Floyd v The Proprietors of Hauhungaroa 2C Block Incorporation Committee of Management - Hauhungaroa 2C Incorporation (230 KB PDF) here. read more
Deputy Registrar v Graham - Parehuia June Durie Kaitiaki Trust (2015) 334 Aotea MB 201 (334 AOT 201)
Māori Land Court (2015) 334 Aotea MB 201 (334 AOT 201)
23 March 2015
Application for review of the Parehuia June Durie Kaitiaki Trust granted.
Download Deputy Registrar v Graham - Parehuia June Durie Kaitiaki Trust (305 KB PDF). read more
Whare v Trustees of Pukerewa A Trust – Pukerewa A Block
Māori Land Court (2015) 95 Waikato Maniapoto MB 105 (95 WMN 105)
12 March 2015
Application to enforce obligations of trust against the trustees declined.
Download Whare v Trustees of Pukerewa A Trust – Pukerewa A Block (269 KB PDF). read more
Trustees of the Rowallan Block XIII Sections 1 and 5 Ahu Whenua Trusts v Orbell – Rowallan Block XIII Sections 1 and 5
Māori Land Court (2015) 28 Te Waipounamu MB 37 (28 TWP 37)
20 February 2015
This case concerned an application to determine whether the previous trustee of two trusts breached his fiduciary duties as trustee. Judge Reeves found breaches of trust in three respects and ordered repayment of money to the trust, less a small allowance for services as trustee. No relief was granted under s 73 of the Trustee Act 1956 as, while the trustee acted honestly, the actions taken were not reasonable.
Download Trustees of the Rowallan Block XIII Sections 1 and 5 Ahu Whenua Trusts v Orbell – Rowallan Block XIII Sections 1 and 5 (2015) 28 Te Waipounamu MB 37 (28 TWP 37) (360 KB PDF). read more
Directions of the Deputy Chairperson Rescinding Grant of Priority in the Electoral (Disqualification of Sentenced Prisoners) Amendment Act Claim
Waitangi Tribunal Wai 2472, #2.5.11
13 April 2015
Download Directions of the Deputy Chairperson Rescinding Grant of Priority in the Electoral (Disqualification of Sentenced Prisoners) Amendment Act Claim when available.
Are We There Yet? The Future of the Treaty of Waitangi
Gareth Morgan and Susan Guthrie
Phantom House Books 2015 (ISBN0987666681)
Reviewed by Max Harris, Examination Fellow, All Souls College, Oxford. read more
Max Harris wrote a review of Are We There Yet? The Future of the Treaty of Waitangi by Gareth Morgan and Susan Guthrie (Phantom House Books 2015).
Gareth Morgan and Susan Guthrie have written an article for the Māori Law Review in response to that review. They explain why they contend that New Zealand needs to move beyond a legalistic approach to applying the Treaty of Waitangi. read more
Max Harris wrote a review of Are We There Yet? The Future of the Treaty of Waitangi by Gareth Morgan and Susan Guthrie (Phantom House Books 2015). Gareth Morgan and Susan Guthrie have written an article for the Māori Law Review in response to that review in order to explain why they contend that New Zealand needs to move beyond a legalistic approach to applying the Treaty of Waitangi.
Here, Max Harris provides his brief response to the main points advanced by Morgan and Guthrie.