Kingi - Tangonui Falkland Kingi Whanau Trust
Māori Land Court (2016) 358 Aotea MB 87 (358 AOT 87)
26 September 2016
Applicant sought to vary trust order to allow the alienation of land by sale to a beneficiary of the Tangonui Falkland Kingi Whānau Trust. Application dismissed.
Download Kingi - Tangonui Falkland Kingi Whanau Trust (203 KB PDF).
Graham - Parish of Komakorau Lot 240B 2
Māori Land Court (2016) 124 Waikato Maniapoto MB 188 (124 WMN 188)
29 July 2016
Application granted to set aside an urupā.
Download Graham - Parish of Komakorau ( 187 KB PDF) here.
Deputy Registrar - Estate of Hohepa Ripia
Māori Land Court (2016) 2016 Chief Judge's MB 869 (2016 CJ 869)
20 October 2016
Application seeking to reopen and amend a 1997 order, granted. Order given to vest land interests back in the name of the deceased.
Download Deputy Registrar - Estate of Hohepa Ripia (273 KB PDF). read more
Sherard v Devereux and others - Otakanini Māori Reservation (Haranui Marae)
Māori Land Court (2016) 140 Taitokerau MB 60 (140 TTK 60)
31 October 2016
The applicant sought an interim injunction against the respondent trustees of the Māori Reservation, to control trust expenditure. The application was granted.
Download Sherard v Devereux and others - Otakanini Maori Reservation (Haranui Marae) (243 KB PDF).
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Pomare v Pomare - Utakura No 8
Māori Land Court (2016) 140 Taitokerau MB 39 (140 TTK 39)
1 November 2016
Applications to determine ownership of a house. The house resides on Māori freehold land of which the applicants are co-owners. Order granted declaring second applicant as legal owner of house.
Download Pomare v Pomare - Utakura No 8 (230 KB PDF). read more
Hingston v Hiroti
Māori Land Court (2016) Chief Judge's MB 672 (2016 CJ 672)
27 July 2016
Application granted to amend previous whānau trust order. The adjustment made recognised that as an adoptee the deceased had vested lands and shares in the whānau trust for the benefit of persons who did not have connections to the land.
Download Hingston v Hiroti (317 KB PDF).
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The Māori Trustee v Smith - Waipaoa 5A2
Māori Land Court (2016) 62 Tairawhiti MB 122 (62 TRW 122)
18 October 2016
These applications followed the Māori Trustee's decision to award a lease of the land. An application for removal of the Māori trustee (respondent) was dismissed. An application to vary trust order adjourned. An application for recovery of possession of land was granted and the lease set aside. An application for permanent injunction and rehearing of injunction application against first applicants dismissed. No order as to costs.
Download The Māori Trustee v Smith - Waipaoa 5A2 (471 KB PDF). read more
Sadaraka - Estate of Wiremu Te Hira Jack Kino
Māori Land Court (2016) Chief Judge's MB 880 (2016 Chief Judge's MB 880)
20 October 2016
Application seeking amendment of previous succession order, dated 30 September 1997, to include three further children of the deceased granted.
Download Sadaraka - Estate of Wiremu Te Hira Jack Kino (386 KB PDF). read more
Kepa v Kautai - Estate of James Keepa
Māori Land Court (2016) 52 Takitimu MB 256 (52 TKT 256)
28 September 2016
Application seeking succession of Māori land interests adjourned. Court to procure DNA testing in the interests of expediency. Costs to be paid out by special aid fund.
Download Kepa v Kautai - Estate of James Keepa (279 KB PDF).
Nolan - Estate of Wiremu Eruera Pohe
Māori Land Court (2016) 139 Taitokerau MB 170 (139 TTK 170)
13 October 2016
Applicant (natural descendent of deceased) seeks succession of Māori land interests. Application granted. One respondent, recognised as whāngai, granted succession of life interests only as there is no evidence of whakapapa to land.
Download Nolan - Estate of Wiremu Eruera Pohe (244 KB PDF).
Crime - trustee obtaining property by deception - R v Love [2016] NZHC 2046; [2016] NZHC 2394 - Craig Linkhorn
Chief Judge's powers - appeal - exercise of discretionary power - natural justice - Hallett - Opawa Rangitoto 2G, 2D2 and 2D3B2 [2016] Māori Appellate Court MB 343 (2016 APPEAL 343) - James Greenland
Jurisdiction - General land owned by Māori - Haira v Haira - Kapenga A7 (2016) 149 Waiariki MB 259 (149 WAR 259) - Zoe Rose-Curnow
Injunction - interim injunction granted - Peri v Tiatoa - Rangaunu 2 (2016) 129 Taitokerau MB 170 (129 TTK 170) - Indiana Shewen
Injunction - declined - trustees grant occupation - Bartlett v Clay - Pouto 2E4A (2016) 133 Taitokerau MB 264 (133 TTK 264) - Martha Reilly
Representation of Māori groups - refusal to determine large natural group - Baker v Ngāti Tūwharetoa Hapū Forum - Te Matai No 1 and Te Matai No 2 [2015] Chief Judge's MB 900 (2015 CJ 900) - Toni Love
Chief Judge's powers - vesting order cancelled - Skinner v Harawira - Estate of Maryanne Harawira [2016] Chief Judge's MB 207 (2016 CJ 207) - Indiana Shewen
Chief Judge's powers - application to amend evidence - Bayne - Great Barrier Island [2016] Chief Judge's MB 764 (2016 CJ 764) - James Greenland
Chief Judge's powers - application to amend succession order dismissed - Beniston v Subritzky - Estate of Huhana Subritzky [2016] Chief Judge's MB 178 (2016 CJ 178) - Indiana Shewen
Chief Judge's powers - succession order amended - Stevens - Estate of John Henry Carroll [2016] Chief Judge's MB 1 (2016 CJ 1) - Indiana Shewen
Chief Judge's powers - partition - order amended - Herewini - Torere Pa 1B6 [2016] Chief Judge's MB 34 (2016 CJ 34) - Indiana Shewen
Status of land - change declined - transitional provision - Richard Maxwell Family Trust v Lianne Maxwell Family Trust - Lot 1 Paeroa East X Block (2016) 141 Waiariki MB 53 (141 WAR 53) - Indiana Shewen
Status of land – changed - facilitate sale to Crown - Couch - Rapaki Māori Reservation 875 Part Sec 6A & Sec 6B1B2C (2016) 37 Te Waipounamu MB 129 (37 TWP 129) - Martha Reilly
Status of land - consolidation order amended - no correction as land General land - Baker - Totaranui A3A (2016) 57 Tairawhiti MB 98 (57 TRW 98) - Indiana Shewen
Occupation orders - whānau trust - seven applications granted - Leckie - Matauri 2K (2016) 137 Taitokerau MB 23 (137 TTK 23) - James Greenland
Trusts - partial termination of whānau trust - Wilson - The Heke and Miriama Hirini Whānau Trust (2016) 56 Tairawhiti MB 239 (56 TRW 239) - Indiana Shewen
Trusts - review, enforcement and trustee removal - Albert v Winitana - Heiotahoka 2B, Te Kopani 36 and Te Kopani 37 Ahu Whenua Trust (2015) 52 Tairawhiti MB 136 (52 TRW 136) - Toni Love
Trusts - enforcement and trustee removal - Kereopa v Gray - Aramiro Trust (2016) 113 Waikato Maniapoto MB 245 (113 WMN 245) - Indiana Shewen
Trusts - trustee removal sought - resignation tendered - trustees reduced - Te Awe Awe v Te Awe Awe-Bevan - Pt Rangitikei Manawatu Pt B4 (2016) 354 Aotea MB 213 (354 AOT 213)
Trusts - ahu whenua trust proposed - further work on trust order and trustee appointment - Russell - Waitoto Māori Reserve 755 Blk 3 Arawata SD (2016) 37 Te Waipounamu MB 139 (37 TWP 139) - Indiana Shewen
Trusts - trustee appointments - ahu whenua trust - Reihana-Ngatote - Okahu 1, 3B2B2A, 3B2B2C, 3B2B2D, 4A, 4B, 4D, 4C1, 4C2, 3A3B2A (2016) 132 Taitokerau MB 120 (132 TTK 120) - Martha Reilly
Partition - granted - trust terminated consequently - Te Whiu v King - Panguru C9, C10 and C11 (2016) 128 Taitokerau MB 100 (128 TTK 100) - Martha Reilly
Partition - granted - Neal - Taiharuru 4C3C (2016) 132 Taitokerau MB 97 (132 TTK 97) - Martha Reilly
Māori reservations - trustee appointment - Roberts - Okoroire 457N1 Maori Reservation (2016) 141 Waiariki MB 134 (141 WAR 134) - Martha Reilly
Māori reservations – right of way and relief for encroachment - Ngataki v Kumete - Parish of Karaka Lot 64D (2016) 121 Waikato Maniapoto 184 (121 WMN 184)
Te Awa Tupua (Whanganui River Claims Settlement) Bill – the endless quest for justice - Linda Te Aho
Te Ture Whenua Māori Bill - policy statement and explanatory note - Toni Love
Download the Māori Law Review October 2016 (724 KB PDF)
The Co-editors of the Māori Law Review want to appoint a Student Editor for 2017 to assist with producing the Review. Applications close 28 October 2016.
R v Love
High Court [2016] NZHC 2046; [2016] NZHC 2394
1 September 2016; 7 October 2016
Sir Ralph Heberley Ngatata Love, a prominent Māori leader, was found guilty of obtaining $1.5m by deception. The offending occurred as part of Dr Love's involvement in a commercial property development where he was acting as a trustee. He was sentenced to imprisonment for two years and six months.
Download R v Love [2016] NZHC 2046 (verdict) (1.5 MB PDF) and R v Love [2016] NZHC 2394 (sentencing remarks) (376 KB PDF). read more
Stevens - Estate of John Henry Carroll
Māori Land Court [2016] Chief Judge's MB 1 (2016 CJ 1)
28 January 2016
Application granted to amend a succession order as there was a patent defect in a previous order.
Download Stevens - Estate of John Henry Carroll (254 KB PDF) here. read more
Haira v Haira - Kapenga A7
Māori Land Court (2016) 149 Waiariki MB 259 (149 WAR 259)
12 October 2016
Unsuccessful application for orders in respect of General land administered by an ahu whenua trust. The applicants sought orders under s 237 of Te Ture Whenua Māori Act 1993. The Court determined it did not have jurisdiction to make the orders sought.
Download Haira v Haira - Kapenga A7 (340 KB). read more
Hallett - Opawa Rangitoto 2G, 2D2 and 2D3B2
[2016] Māori Appellate Court MB 343 (2016 APPEAL 343)
21 September 2016
The appellant challenged a decision of the Chief Judge of the Maori Land Court, claiming that a resulting survey plan was incorrect and that he should have been included in the process for resolution of survey issues before that plan was finalised. The appeal was allowed because the appellant had been denied an opportunity to raise his concerns, breaching his right to natural justice. The substantive issue as to accuracy of the survey plan was referred back to the Chief Judge for rehearing.
Download Hallett - Opawa Rangitoto 2G, 2D2 and 2D3B2 (239 KB PDF). read more
Herewini - Torere Pa 1B6
Māori Land Court [2016] Chief Judge's MB 34 (2016 CJ 34)
1 February 2016
Application granted to amend a partition order due to an error in evidence.
Download Herewini - Torere Pa 1B6 (403 KB PDF).
Peri v Tiatoa - Rangaunu 2
Māori Land Court (2016) 129 Taitokerau MB 170 (129 TTK 170)
05 May 2016
Application for an injunction granted.
Download Peri v Tiatoa - Rangaunu 2 (170 KB PDF).
Baker v Ngāti Tūwharetoa Hapū Forum - Te Matai No 1 and Te Matai No 2
Māori Land Court [2015] Chief Judge's MB 900 (2015 CJ 900)
18 December 2015
Application seeking a declaration as to representatives of a Māori grouping dismissed for lack of jurisdiction and lack of utility.
Download Baker v Ngāti Tūwharetoa Hapū Forum - Te Matai No 1 and Te Matai No 2 (248 KB PDF) here. read more
Skinner v Harawira - Estate of Maryanne Harawira
Māori Land Court [2016] Chief Judge's MB 207 (2016 CJ 207)
19 April 2016
Successful application to cancel a vesting order based on incorrect whakapapa provided to the court.
Download Skinner v Harawira - Estate of Maryanne Harawira (407 KB PDF).
Matchitt - Frank Hata Estate
Māori Land Court (2016) Chief Judge's MB 860 (2016 CJ 860)
25 October 2016
Successful application to amend succession orders; correct successors; land vested in those entitled.
Download Matchitt - Frank Hata Estate (99 KB PDF). read more
Bartlett v Clay - Pouto 2E4A
Māori Land Court (2016) 133 Taitokerau MB 264 (133 TTK 264)
30 June 2o16
Applicant sought an injunction to prevent his removal from Pouto 2E4A. Application dismissed as right of occupation must be granted by trustees.
Download Bartlett v Clay - Pouto 2E4A (171 KB PDF).
Richard Maxwell Family Trust v Lianne Maxwell Family Trust - Lot 1 Paeroa East X Block
Māori Land Court (2016) 141 Waiariki MB 53 (141 WAR 53)
25 May 2016
Application dismissed to change land status from Māori freehold land to General land.
Download Richard Maxwell Family Trust v Lianne Maxwell Family Trust (214 KB PDF).
Baker - Totaranui A3A
Māori Land Court (2016) 57 Tairawhiti MB 98 (57 TRW 98)
15 March 2016
The Deputy Registrar applied to cancel a consolidation order. A second application was made to give effect to an alienation document that was not completed. The Court did not have the jurisdiction to cancel the consolidation order nor grant the application, as the land was determined to be General land.
Download Baker - Totaranui A3A (157 KB PDF). read more
Couch - Rapaki Māori Reservation 875 Part Sec 6A & Sec 6B1B2C
Māori Land Court (2016) 37 Te Waipounamu MB 129 (37 TWP 129)
15 June 2016
Application to change status of land from Māori freehold to General Land granted to facilitate sale to the Crown under special circumstances. Following transaction, court orders that the blocks revert to the status of Māori freehold land, with recommendation that they be vested as Māori reservations.
Download Couch - Rapaki Māori Reservation 875 Part Sec 6A & Sec 6B1B2C (205 KB PDF).
Bayne - Great Barrier Island
Māori Land Court [2016] Chief Judge's MB 764 (2016 CJ 764)
22 August 2016
Application to amend evidence. The applicant claimed she was adversely affected by a mistake in the presentation of facts to the Court. The Chief Judge has discretion to cancel or amend "orders" (s 44). The Chief Judge had no authority to amend "evidence" previously presented to the Court. Application dismissed.
Download Bayne - Great Barrier Island (451 KB PDF).