Beniston v Subritzky - Estate of Huhana Subritzky
Māori Land Court [2016] Chief Judge's MB 178 (2016 CJ 178)
1 April 2016
Application seeking amendment of a succession order dismissed. Likely factual mistake but the justice of the case favoured upholding a subsequent registered security interest.
Download Beniston v Subritzky (366 KB PDF).
Te Awe Awe v Te Awe Awe-Bevan - Pt Rangitikei Manawatu Pt B4
Māori Land Court (2016) 354 Aotea MB 213 (354 AOT 213)
17 June 2016
Application seeking removal of trustee due to misconduct. The respondent tendered her resignation as trustee prior to hearing. Order reducing number of trustees.
Download Te Awe Awe v Te Awe Awe-Bevan - Pt Rangitikei Manawatu Pt B4 (302 KB PDF).
read more
Tukerangi - Wiremu Papa Hemana
Māori Land Court (2016) 139 Taitokerau MB 270 (139 TTK 270)
18 October 2016
Application seeking succession of interests granted. Applicant recognised as whāngai.
Download Tukerangi - Wiremu Papa Hemana (82 KB PDF).
Neal - Taiharuru 4C3C
Māori Land Court (2016) 132 Taitokerau MB 97 (132 TTK 97)
29 June 2016
Application seeking partition of land granted.
Download Neal - Taiharuru 4C3C (225 KB PDF).
Wilson - The Heke and Miriama Hirini Whānau Trust
Māori Land Court (2016) 56 Tairawhiti MB 239 (56 TRW 239)
8 March 2016
Two applications seeking partial termination of interest in a whānau trust. One dismissed and a second granted.
Download Wilson - The Heke and Miriama Hirini Whānau Trust (205 KB PDF). read more
Albert v Winitana - Heiotahoka 2B, Te Kopani 36 and Te Kopani 37 Ahu Whenua Trust
Māori Land Court (2015) 52 Tairawhiti MB 136 (52 TRW 136)
18 September 2015
Applications seeking enforcement of trustee obligations, review of trust and removal of trustee dismissed.
Download Albert v Winitana - Heiotahoka 2B, Te Kopani 36 and Te Kopani 37 Ahu Whenua Trust (212 KB PDF). read more
Reihana-Ngatote - Okahu 1, 3B2B2A, 3B2B2C, 3B2B2D, 4A, 4B, 4D, 4C1, 4C2, 3A3B2A
Māori Land Court (2016) 132 Taitokerau MB 120 (132 TTK 120)
30 June 2016
The most recent judgement about establishing an ahu whenua trust over a number of Okahu blocks. New trustees appointed following AGM. The interim advisory trustees' role were no longer required.
Download Reihana-Ngatote - Okahu 1, 3B2B2A, 3B2B2C, 3B2B2D, 4A, 4B, 4D, 4C1, 4C2, 3A3B2A (232 KB PDF).
Kereopa v Gray - Aramiro Trust
Māori Land Court (2016) 113 Waikato Maniapoto MB 245 (113 WMN 245)
7 January 2016
Application seeking a review of trust, enforcement of the trust obligations, and removal of trustees. Review demonstrates no need for enforcement and removal.
Download Kereopa v Gray - Aramiro Trust (233 KB PDF).
Russell - Waitoto Māori Reserve 755 Blk 3 Arawata SD
Māori Land Court (2016) 37 Te Waipounamu MB 139 (37 TWP 139)
Preliminary determination over whether steps to create an ahu whenua trust were met over Waitoto Māori Reserve. Further work required over trust order and appointment of trustee.
Download Russell - Waitoto Māori Reserve 755 Blk 3 Arawata SD ( 201 KB PDF) here.
Te Whiu v King - Panguru C9, C10 and C11
Māori Land Court (2016) 128 Taitokerau MB 100 (128 TTK 100)
18 April 2016
Applicant seeks combined partition of interests. Application granted, original trust terminated and trustees removed. Survey plan for partition to be filed within 4 months.
Download Te Whiu v King - Panguru C9, C10 and C11 (229 KB PDF).
Roberts - Okoroire 457N1 Maori Reservation
Māori Land Court (2016) 141 Waiariki MB 134 (141 WAR 134)
31 May 2016
The Court rejected objections to proposed trustee appointments to a Māori reservation (marae) after reviewing the history of recent proceedings involving governance of this marae.
Download Roberts - Okoroire 457N1 Maori Reservation (228 KB PDF).
Ngataki v Kumete - Parish of Karaka Lot 64D
Māori Land Court (2016) 121 Waikato Maniapoto 184 (121 WMN 184)
13 June 2016
The court heard several applications concerning Māori reservation, Parish of Karaka Lot 64D. A right of way was created. Relief was also granted for encroachment on Māori-owned general land (Lot 64A).
Download Ngataki v Kumete - Parish of Karaka Lot 64D (383 KB PDF).
Leckie - Matauri 2K
Māori Land Court (2016) 137 Taitokerau MB 23 (137 TTK 23)
6 September 2016
Seven applications for occupation orders were granted to a whānau trust.
Download Leckie - Matauri 2K (219 KB PDF). read more
Judicial review - use of land in a Treaty settlement - Ririnui v Landcorp Farming Limited Supreme Court [2016] NZSC 62 - Leo Watson
Procedure – whether interim order to continue - validity of resolutions – serious issue - Durie v Paul [2016] NZHC 683 - James Watson
Injunction - permanent injunction - granted by a narrow margin - long-term occupant - Walker v Flight - Waipapa 1D 2B 3B (2016) 352 Aotea MB 211 (352 AOT 211) - Emerald UnRuh
Costs – application dismissed – Johnston v Anderson - Herapeka Hinewehi Ahu Whenua (2016) 147 Waiariki MB 37 (147 WAR 37) - Toni Love
Recovery of land – unlawful occupation - injunction to vacate - Tau v Tahere - Rangihamama X3A (2016) 137 Taitokerau MB 68 (137 TTK 68) - Martha Reilly
Trusts – trustee appointment - review and enforcement adjourned - Hakiwai - Owhaoko C1, C2, C4, C5, and C7 (2016) 52 Takitimu MB 130 (52 TKT 130)
Trusts - conditional removal of trustee - cancelled on objections made - MacDonald v Wynyard (2016) 131 Taitokerau MB 149 (131 TTK 149) - Emerald UnRuh
Trusts – trustees removed - review of payments ordered - Hunia v Skerrett-White - Kawerau A8D (2016) 146 Waiariki MB 281 (146 WAR 281) - Martha Reilly
Trusts - application to summon meeting of owners dismissed - Hill v Maori Trustee - Mangatainoka 1BC2B3 (2016) 50 Takitimu MB 28 (50 TKT 28) - Indiana Shewen
Succession - ownership of house on trust land - Anderson – Te Raupo (2015) 99 Taitokerau MB 206 (99 TTK 206) - Toni Love
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 September 2016 (654 KB PDF)
We welcome entries for the 2016 Sir Edward Taihakurei Durie student essay competition sponsored by the Māori Law Review. The competition is open until 5 p.m. Friday 30 September 2016. For details on the competition and how to enter go here.
The Co-editors of the Māori Law Review want to appoint a Student Editor for 2017 to assist with producing the Review.
Te Awa Tupua: exploring the legal status of the Whanganui River - Professor Mark Hickford and Gerrard Albert will deliver this seminar on 5 October 2016
Ririnui v Landcorp Farming Limited
Supreme Court [2016] NZSC 62
9 June 2016
The Supreme Court, by majority, allowed this appeal in part against the Court of Appeal's decision in a judicial review application brought on behalf of Ngāti Whakahemo about the sale of a farm owned by Landcorp. Elias CJ, Glazebrook and Arnold JJ found that Landcorp’s decision to sell Whārere farm was susceptible to judicial review, as were the decisions of Ministers in December 2013 and March 2014 not to intervene in the tender process on Ngāti Whakahemo’s behalf. The decision of Ministers in December 2013 not to intervene and the decision of Landcorp to sell Whārere constituted wrongful exercises of public power.
Download Ririnui v Landcorp Farming Limited (PDF 265 KB)
Durie v Paul
High Court [2016] NZHC 683
13 April 2016
This case concerned whether an interim order obtained without notice should continue. The Court decided that the order, that no member of the New Zealand Māori Council was to rely or purport to rely on decisions made at a meeting held in February 2016, should continue in slightly modified form.
Download Durie v Paul (PDF 298 KB). read more
Walker v Flight - Waipapa 1D 2B 3B
Māori Land Court (2016) 352 Aotea MB 211 (352 AOT 211)
12 May 2016
A permanent injunction was granted by a narrow margin against a long-term occupant of the land who did not have permission from the trustees to occupy the land.
Download Walker v Flight - Waipapa 1D 2B 3 B (PDF 267 KB) read more
Tau v Tahere - Rangihamama X3A
Māori Land Court (2016) 137 Taitokerau MB 68 (137 TTK 68)
20 September 2016
Application seeking determination that the respondents have no right to occupy Rangihamama X3A, an injunction to vacate and the recovery of lease. Respondents determined to be occupying land illegally, injunction ordering their removal granted. Second application seeking removal of trustees dismissed.
Download Tau v Tahere - Rangihamama X3A (494 KB PDF). read more
Anderson – Te Raupo
Māori Land Court (2015) 99 Taitokerau MB 206 (99 TTK 206)
31 March 2015
Application to determine ownership of house built on trust land for the purposes of succession can be made in favour of a non-owner because the house is a fixture and the loan agreement recognises the borrower as the owner.
Download Anderson – Te Raupo (2.6 MB PDF).
MacDonald v Wynyard
Māori Land Court (2016) 131 Taitokerau MB 149 (131 TTK 149)
30 May 2016
A conditional order removing the respondent as a trustee was cancelled. The conditions were not met and the criteria required for removal were not met.
Download MacDonald v Wynyard (PDF 149 KB).
Hill v Maori Trustee - Mangatainoka 1BC2B3
Māori Land Court (2016) 50 Takitimu MB 28 (50 TKT 28)
14 June 2016
Application to summon a meeting of owners dismissed.
Download Hill v Māori Trustee (214 KB PDF) here.
Hakiwai - Owhaoko C1, C2, C4, C5, and C7
Māori Land Court (2016) 52 Takitimu MB 130 (52 TKT 130)
9 September 2016
Application seeking appointment of trustee granted. Application seeking review of trust order, and an order to enforce the obligations of the trust adjourned.
Download Hakiwai - Owhaoko C1, C2, C4, C5, and C7 (192 KB PDF).
Hunia v Skerrett-White - Kawerau A8D
Māori Land Court (2016) 146 Waiariki MB 281 (146 WAR 281)
31 August 2016
Application seeking review of trustees granted. Trustees removed and to be replaced in due course. Review of payments to former trustees ordered.
Download Hunia v Skerrett-White - Kawerau A8D (621 KB PDF).
Katu v Peni - Tiroa E and Te Hape B Trusts
Māori Land Court (2016) 126 Waikato Maniapoto MB 215 (126 WMN 215)
7 September 2016
Application seeking recovery of legal costs following 2015 decision granted. Applicant ordered to pay 40% of costs to respondent.
Download Katu v Peni - Tiroa E and Te Hape B Trusts (185 KB PDF).
Johnston v Anderson - Herapeka Hinewehi Ahu Whenua
Māori Land Court (2016) 147 Waiariki MB 37 (147 WAR 37)
8 September 2016
Application for costs declined. Both interests had enjoyed a measure of success.
Download Johnston v Anderson - Herapeka Hinewehi Ahu Whenua (209 KB PDF).