Owhetu Block Charitable Trust - Lot 1 Deposited Plan 427145
Māori Land Court (2015) 98 Taitokerau MB 242 (98 TTK 242)
27 January 2015
Application granted to vest land and declaration made that the land will become Māori freehold land.
Download Owhetu Block Charitable Trust - Lot 1 Deposited Plan 427145 (1.72 MB PDF).
Trustees of the Horina Nepia & Te Hiwi Piahana Whānau Trust v Ngāti Tukorehe Tribal Committee & Tahamatā Incorporation
Māori Land Court (2014)314 Aotea MB 159 (314 AOT 159)
8 January 2014
The Court determined that transferred shares were held for collective benefits.
Download Trustees of the Horina Nepia & Te Hiwi Piahana Whānau Trust v Ngāti Tukorehe Tribal Committee & Tahamatā Incorporation here (232 KB PDF). read more
Paerau - Te Komiti 1B2B2 Ahu Whenua Trust
Māori Land Court (2015) 95 Taitokerau MB 280 (95 TTK 280)
30 January 2015
An application for an interim injunction to prevent a grant of a lease was declined.
Download Paerau - Te Komiti 1B2B2 Ahu Whenua Trust here (1 MB PDF). read more
Smith v The Māori Trustee - Waipaoa 5A2 Block
Māori Land Court (2014) 44 Tairāwhiti MB 104 (44 TRW 104)
24 December 2014
Application for an injunction dismissed. The applicant was concerned about the actions of the Māori Trustee in leasing the Waipaoa 5A2 Block. There was no evidence of actual or potential breach of trustee duties by the Māori trustee or of risk to the trust.
Download Smith v The Māori Trustee - Waipaoa 5A2 Block here. read more
Smith v The Proprietors of Mangaroa and other blocks
(2015) 113 Waiariki MB 1 (113 WAR 1)
9 February 2015
Reserved decision on costs following an interim injunction which proceeded in a fashion akin to a defended interlocutory application. The respondents incurred costs of $25,945.00 and were awarded $10,000 as a reasonable contribution.
Tane – Te Tii (Waitangi) B3
Māori Land Court (2015) 95 Taitokerau MB 261 (95 TTK 261)
29 January 2015
The Court granted an application to permit a majority of trustees of a trust to grant a lease and mortgage.
Download Tane – Te Tii (Waitangi) B3 here (1264.6 KB PDF). read more
Trustees of Maungatautari 4G Section IV Block v Maungatautari Ecological Island Trust - Maungatautari 4G Section IV Block
Māori Land Court (2014) 90 Waikato Maniapoto MB 291 (90 WMN 291)
16 December 2014
Injunctive relief refused due to the applicant's failure to engage in the processes outlined in an easement instrument.
Download Trustees of Maungatautari 4G Section IV Block v Maungatautari Ecological Island Trust - Maungatautari 4G Section IV Block here (183 KB PDF). read more
Alan Dudley Ward, Professor Emeritus of the University of Newcastle in New South Wales, passed away in December 2014 after a brief illness. His career as a historian spanned half a century, in the course of which, among his many other achievements, he made major contributions to the Treaty settlement process in New Zealand. read more
Sir Edward Taihakurei Durie student essay competition 2014
Not giving ground: Patricia Grace’s successful opposition to compulsory acquisition of her ancestral land
The Māori Law Review is pleased to publish Anna Brenstrum's prize winning essay on the dispute between Patricia Grace and the New Zealand Transport Agency (NZTA) over the compulsory acquisition of her ancestral land. read more
Chief Judge’s powers – no error of law or jurisdiction in order creating roadway over Māori reservation – The Trustees of the Tauwhao Te Ngare Trust v Shaw [2014] Māori Appellate Court MB 394
Injunctions
Injunction – granted in part - respondents allowed to occupy land until substantive hearing - Joe Atama Adams Pomare Whānau Trust v Adams - Waiaua A1C (2014) 93 Taitokerau MB 253 (93 TTK 253)
Trusts:
Partial termination of whānau trust refused – Larkins v Hurae and Ngawaiata Whānau Trust - Waihou Hutoia D2A (2015) 94 Taitokerau MB 120
Appointment of trustees - following 14 years of interim trusteeship – Paora - Te Tii Waitangi A (Waitangi Marae) (2015) 94 Taitokerau MB 134
Appointment of trustees – appointment delayed in light of allegations of impropriety – Kīngi v Eru - Whakapoungakau 24 (2014)
Appointment of trustees – election in accordance with marae charter – Bigham v Budd - Waiokura Marae and Reserves Trust (2014) 331 Aotea MB 151
Family law - parenting orders - relocation - connection to indigenous community - Chesterfield & Brent [2014] FCCA 787
The Trustees of the Tauwhao Te Ngare Trust v Shaw
Māori Appellate Court [2014] Māori Appellate Court MB 394 (2014 APPEAL 394)
23 December 2014
Partially successful appeal against a decision of the Chief Judge to refuse to cancel an order creating a roadway on Rangiwaea Island unless certain conditions were met. It was not in the interests of justice for the order to be cancelled.
Download The Trustees of the Tauwhao Te Ngare Trust v Shaw here (374 KB PDF). read more
Joe Atama Adams Pomare Whānau Trust v Adams - Waiaua A1C
Māori Land Court (2014) 93 Taitokerau MB 253 (93 TTK 253)
23 December 2014
The applicant trust sought an injunction against the Atama whānau preventing the whānau from undertaking any further building work on or occupying Waiaua A1C block. The Court granted an interim injunction preventing the Atama whānau from undertaking any further building work on the block, but considered the interests of justice did not require an interim injunction preventing the Atama whānau from occupying the block pending the substantive hearing.
Download Joe Atama Adams Pomare Whānau Trust v Adams - Waiaua A1C (189 KB PDF) here. read more
Paora - Te Tii Waitangi A (Waitangi Marae)
Māori Land Court (2015) 94 Taitokerau MB 134 (94 TTK 134)
16 January 2015
The appointment of eight responsible trustees as well as the reappointment of two of the interim trustees brought an end to almost 14 years of interim trusteeship of the marae reservation.
Download Paora - Te Tii Waitangi A (Waitangi Marae) here (307 KB PDF). read more
Larkins v Hurae and Ngawaiata Whānau Trust - Waihou Hutoia D2A
Māori Land Court (2015) 94 Taitokerau MB 120 (94 TTK 120)
15 January 2015
Application to partially terminate a whānau trust dismissed. Submissions in favour of the application were contrary to the scheme of Te Ture Whenua Māori Act 1993. The Act makes it plain that the land, money and assets of a whānau trust are held for the descendants of the named tupuna and there is no provision that allows original donors to retain beneficial ownership. The purpose of whānau trusts is to move beyond individual interests and closer to traditional concepts.
Download Larkins v Hurae and Ngawaiata Whānau Trust - Waihou Hutoia D2A here (228 KB PDF). read more
Kīngi v Eru - Whakapoungakau 24
Māori Land Court (2014) 111 Waiāriki MB 20 (111 WAR 20)
24 December 2014
Applicant alleged, but did not provide cogent evidence of, serious impropriety in the election of three nominees. Applicant given until 30 January 2015 to file evidence in support of the allegations. Failing that, the nominees will be appointed on that day.
Download Kīngi v Eru - Whakapoungakau 24 here (145 KB PDF). read more
Bigham v Budd - Waiokura Marae and Reserves Trust
Māori Land Court (2014) 331 Aotea MB 151 (331 AOT 151)
24 December 2014
Nominees appointed as trustees of Waiokura marae.
Download Bigham v Budd - Waiokura Marae and Reserves Trust here (153 KB PDF). read more
Chesterfield & Brent
Federal Circuit Court of Australia [2014] FCCA 787
30 April 2014
Successful application by a father in the Federal Circuit Court of Australia preventing the mother from relocating with their children from Victoria to Western Australia. The Court considered, amongst other factors, that the children’s ties and involvement with their aboriginal community in Victoria were of “real significance”.
Download Chesterfield & Brent here (244KB PDF). read more