Gemmell v Gemmell - Mohaka A4
[2015] Māori Appellate Court MB 657 (2015 APPEAL 657)
17 November 2015
Costs decision arising from an appeal. Receipt of Special Aid did not mean a party might not become liable for costs.
Download Gemmell v Gemmell - Mohaka A4 (227 KB PDF) here. read more
Davies v Trustees of Te Tii (Waitangi) B3 Ahu Whenua Trust - Te Tii (Waitangi) B3 Trust
[2015] Māori Appellate Court MB 611 (2015 APPEAL 611)
19 October 2015
Appeal against the lower Court's decision which found that the trustees of the Te Tii (Waitangi) B3 Ahu Whenua Trust had not breached the Act, the trust order, or general trustee duties by seeking to bring existing leases over certain lands to an end. The appeal was allowed in part and the matter was referred back to the lower Court to consider the issue of whether there was a breach of fiduciary duty by the trustees. An injunction preserving the tenants' rights during the litigation was continued.
Download Davies v Trustees of Te Tii (Waitangi) B3 Ahu Whenua Trust - Te Tii (Waitangi) B3 Trust (398 KB PDF) here. read more
Ngāti Whātua Ōrākei Trust v Attorney-General
High Court [2016] NZHC 347
4 March 2016
The court declined to determine preliminary questions raised by the second defendant, Ngāti Pāoa Iwi Trust. The judicial review proceeding related to a preliminary decision by the Minister for Treaty of Waitangi Negotiations to transfer certain land in Auckland to the Ngāti Pāoa Iwi Trust as part of an iwi specific Treaty settlement. In summary, Ngāti Whatua claimed the land could not be transferred because that tribe held exclusive mana whenua (customary authority over the affected land).
Download Ngāti Whātua Ōrākei Trust v Attorney-General . read more
Te Rangi v Jackson
Court of Appeal [2015] NZCA 490
19 October 2015
The selection process used to appoint two members to the Auckland Council's Independent Māori Statutory Board was challenged by judicial review. The High Court granted judicial review and set aside the appointment of the member whose place was challenged. The Court of Appeal dismissed an appeal from that decision.
Download Te Rangi v Jackson (407 KB PDF). read more
Solomon-Rehe v Hokotehi Moriori Trust
High Court [2016] NZHC 239
22 February 2016
Costs decision following trust litigation about the governance of the Hokotehi Moriori Trust. The Court decided that neither side should have costs awarded in their favour. Both sides were unsuccessful in the litigation. Importantly, the Court noted that no award of costs was an appropriate outcome given the need for the various participants to co-exist in the future.
Download Solomon-Rehe v Hokotehi Moriori Trust (427 KB PDF) once available. read more
The Property Group - Awapuni 1F3
Māori Land Court (2016) 56 Tairawhiti MB 56 (56 TRW 56)
18 February 2016
The applicant had applied to vest land in the successors of the original owners because the land was no longer required for public works purposes. No agreement over terms of transfer had been reached with the successors identified and the applicant sought to withdraw the application. The Court set out factors on which it wanted to receive further submissions on and adjourned the application further.
Download The Property Group - Awapuni 1F3 (208 KB PDF)
Le Lievre v Muriwhenua Incorporation - Muriwhenua Incorporation
Māori Land Court (2016) 124 Taitokerau MB 231 (124 TTK 231)
29 January 2016
Two people claimed rights to occupy the same part of a block of land. The Court decided in favour of the applicant over the second respondent.
Download Le Lievre v Muriwhenua Incorporation - Muriwhenua Incorporation (304 KB PDF).
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Te Wani v Peters - Te Puru No 5
Māori Land Court (2015) 112 Waikato Maniapoto MB 49 (112 WMN 49)
10 December 2015
This was a preliminary decision concerning a lease of land. The applicant trustees wanted to remove the respondent from the land and claimed the lease he produced was not authentic. The Court accepted it was authentic. However, the trustees did not have power to lease land in this manner. Nevertheless, the trustees could not now deny the respondent a right to occupy. Further evidence was sought so the Court could decide what arrears of rates and rent the respondent still owed.
Download Te Wani v Peters - Te Puru No 5 (119 KB PDF) here. read more
Rata - Pakanae 2W1B
Māori Land Court (2016) 125 Taitokerau MB 17 (125 TTK 17)
17 February 2016
The court determined the ownership of a house located on Pakanae 2W1B.
Download Rata - Pakanae 2W1B (1,543 KB PDF)
Application for an urgent hearing concerning the Crown’s recognition of the draft mandate strategy of the Uenuku Charitable Trust
Waitangi Tribunal (Wai 2541, #2.5.4)
29 February 2016
The Waitangi Tribunal declined to inquire urgently into the Crown’s recognition of a draft mandate strategy concerning Uenuku peoples. The claim was really a dispute between claimant groups
Download Application for an urgent hearing concerning the Crown’s recognition of the draft mandate strategy of the Uenuku Charitable Trust (459 KB PDF). read more
Trusts – appointment of trustees – delegation – costs – Crown Forestry Rental Trust - New Zealand Māori Council & Ors v Foulkes & Ors [2015] NZHC 489, [2015] NZHC 1376, [2015] NZHC 2019, [2015] NZHC 2063, [2015] NZCA 552
Rights in Māori freehold land - equitable interest - life occupation granted - Thompson - Estate of Walter William Wihongi (2015) 117 Taitokerau MB 245 (117 TTK 245)
Procedure - stay of proceedings granted - dispute resolution clause in lease - Wikitera v Anderson - Rangitoto Tuhua 70B No 1B Block (2015) 106 Waikato Maniapoto MB 201 (106 WMN 201)
Procedure - stay of proceedings dismissed - Tahere v Trustees of Rangihamama X3A - Rangihamama X3A and Omapere Taraire E (2015) 118 Taitokerau MB 194 (118 TTK 194)
Injunction - adjourned - use of homestead - trustee replacement - Rountree v Rountree - Kohatutaka 6A10C1 9 (Te Uranga Trust) (2015) 118 Taitokerau MB 178 (118 TTK 178)
Injunction - interim injunction declined - Cooper v Cooper - Motatau 2 Section 22D (2015) 118 Taitokerau MB 184 (118 TTK 184)
Representation of Māori - Ngāti Pu - Shaw v Ngāti Huarere Ki Whangapoua - Ngāti Pu (2015) 113 Waikato Maniapoto MB 82 (113 WMN 82)
Succession - life interest - whāngai - Koia - Hoani Tau Takahi (deceased) (2015) 133 Waiariki MB 273 (133 WAR 273)
Succession - whāngai - life interest - Morgan v Taiaroa - Estate of Hoani Taiaroa (2015) 344 Aotea MB 176 (344 AOT 176)
Status of land - change of status refused - Makoare - Opanake 2K2K (2015) 112 Taitokerau MB 178 (112 TTK 178)
Alienation - gifts of land - formation of trust - occupation orders - Mane - Waihou A8C1B1 (2015) 117 Taitokerau MB 215 (117 TTK 215)
Alienation - confirmation - Matauri Bay Properties Limited v Proprietors of Matauri X Incorporation - Lot 1 DP 451540 & 71 (2015) 117 Taitokerau MB 39 (117 TTK 39)
Trusts - removal of trustees, review of trust, and partial termination - Taia v Taia - Taia Whanāu Trust (2015) 117 Taitokerau MB 260 (117 TTK 260)
Trusts - removal of trustees - injunction sought - Taurua - Te Tii Waitangi A (2015) 117 Taitokerau MB 260 (117 TTK 260)
Trusts - removal of trustee and enforcing obligations of trust - Vercoe v Keepa - Ruatoki B92 and Ruatoki B13A 2A (2015) 131 Waiariki MB 31 (131 WAR 31)
Trusts - amendments to trust order despite litigation about trustee actions - Barnes v Adlam - Matata Parish 39A 2A Ahu Whenua Trust (2015) 127 Waiariki MB 184 (127 WAR 184)
Trusts - request for information - Matenga-Ohiti Waitio 1E No 3A Trust (2015) 45 Tākitimu MB 184 (45 TKT 184)
Māori reservation – land set aside as urupā - conditions - Graham - Parish of Komakorau Lot 240B2 (2015) 110 Waikato Maniapoto MB 161 (110 WMN 161)
Māori reservations - replacement of trustees - Davies - Te Haroto Marae Māori Reservation (2015) 45 Tākitimu MB 174 (45 TKT 174)
Review of Te Ture Whenua Māori Act 1993 - Waitangi Tribunal inquiry - initiation, consultation and consent - Toni Love
Waitangi Tribunal procedure - an inquiry plan for the backlog of historical claims - Nicholas Coyle
Not one more acre: opportunity and compromise in Te Ture Whenua Māori Reform - Monique van Alphen Fyfe
Download the Māori Law Review February 2016 (776 KB PDF)
Indigenous Law, the State and Legal Pluralism - Professor Bruce Duthu will deliver this seminar on 25 February 2016
New Zealand Māori Council v Durie
New Zealand Māori Council v Federation of Māori Authorities Inc
High Court and Court of Appeal [2015] NZHC 489, [2015] NZHC 1376, [2015] NZHC 2019, [2015] NZHC 2063, [2015] NZCA 552
16 March, 17 June, 15 August and 28 August (High Court)
6 October 2015 (Court of Appeal)
The High Court considered costs issues from earlier litigation and reappointed Sir Edward Taihakurei Durie as a trustee. The Court of Appeal upheld a High Court decision that the power to appoint trustees is vested in the Māori Appointor alone and is not delegable to any third party entity. The Court of Appeal made observations about the more than $2 million of legal costs paid from the trust property for this largely unproductive litigation remarking that it is unacceptable to use trust funds to pay legal costs of this magnitude.
Download New Zealand Māori Council & Ors v Foulkes & Ors [2015] NZHC 489, [2015] NZHC 1376, [2015] NZHC 2019, [2015] NZHC 2063, [2015] NZCA 552. read more
Thompson - Estate of Walter William Wihongi
Māori Land Court (2015) 117 Taitokerau MB 245 (117 TTK 245)
2 December 2015
The owner of a house on Māori freehold land applied for an occupation order to protect her ability to continue living there. This was while the Court was deciding succession to that land. The applicant did not meet the criteria for an occupation order. However, the Court recognised her interest in the land and granted her occupation rights.
Download Thompson - Estate of Walter William Wihongi (215 KB PDF) here. read more
Wikitera v Anderson - Rangitoto Tuhua 70B No 1B Block
Māori Land Court (2015) 106 Waikato Maniapoto MB 201 (106 WMN 201)
11 September 2015
A stay of the proceeding was granted because the lease the subject of the dispute contains a dispute resolution clause.
Download Wikitera v Anderson - Rangitoto Tuhua 70B No 1B Block (235 KB PDF) here. read more
Tahere v Trustees of Rangihamama X3A - Rangihamama X3A and Omapere Taraire E
Māori Land Court (2015) 118 Taitokerau MB 194 (118 TTK 194)
21 December 2015
Application for stay of proceedings dismissed.
Download Tahere v Trustees of Rangihamama X3A - Rangihamama X3A and Omapere Taraire E (207 KB PDF) here. read more
Initiation, Consultation, and Consent: Chapter 3 of Report into Claims concerning Proposed Reforms to Te Ture Whenua Māori Act 1993 (Pre-publication)
Waitangi Tribunal (Wai 2478, 2016)
5 February 2016
The Waitangi Tribunal inquired urgently into claims about the Crown's process of consultation and proposed reforms to Te Ture Whenua Māori Act 1993. The Tribunal has issued a chapter of its forthcoming report in advance. This chapter considers the process followed by the Crown in initiating and pursuing the law reform exercise. The Tribunal found that the Crown’s process was flawed because Māori were not properly informed. The Tribunal said that in order to not breach the principles of the Treaty of Waitangi, properly informed and broad-based support for the proposed reforms should be obtained.
Download Initiation, Consultation, and Consent: Chapter 3 of Report into Claims concerning Proposed Reforms to Te Ture Whenua Māori Act 1993 (Pre-publication) (1.3 MB PDF). read more
Cooper v Cooper - Motatau 2 Section 22D
Māori Land Court (2015) 118 Taitokerau MB 184 (118 TTK 184)
17 December 2015
Application seeking an interim injunction declined in the context of a succession application.
Download Cooper v Cooper - Motatau 2 Section 22D (182 KB PDF) here. read more
Makoare - Opanake 2K2K
Māori Land Court (2015) 112 Taitokerau MB 178 (112 TTK 178)
16 September 2015
An application to change the status of land from Māori freehold land to General land to facilitate the land's sale was dismissed.
Download Makoare - Opanake 2K2K (169 KB PDF) here. read more
Mane - Waihou A8C1B1
Māori Land Court (2015) 117 Taitokerau MB 215 (117 TTK 215)
12 November 2015
The Court determined that interests in gifted land relating to a homestead were subject to obligations of trust while other interests were gifted absolutely. An existing trust was to be reconstituted as a whānau trust.
Download Mane - Waihou A8C1B1 (293 KB PDF) here. read more
Morgan v Taiaroa - Estate of Hoani Taiaroa
Māori Land Court (2015) 344 Aotea MB 176 (344 AOT 176)
30 November 2015
An application for succession by whāngai resulted in creation of a life interest.
Download Morgan v Taiaroa - Estate of Hoani Taiaroa (244 KB PDF) here. read more
Matauri Bay Properties Limited v Proprietors of Matauri X Incorporation - Lot 1 DP 451540 & 71
Māori Land Court (2015) 117 Taitokerau MB 39 (117 TTK 39)
13 November 2015
Application granted for confirmation of alienation of land.
Download Matauri Bay Properties Limited v Proprietors of Matauri X Incorporation - Lot 1 DP 451540 & 71 (614 KB PDF) here. read more
Taia v Taia - Taia Whanāu Trust
Māori Land Court (2015) 117 Taitokerau MB 260 (117 TTK 260)
4 December 2015
Application to remove trustees granted, application to partially terminate the trust dismissed, and application to review trust adjourned.
Download Taia v Taia - Taia Whanāu Trust (217 KB PDF) here. read more
Taurua - Te Tii Waitangi A
Māori Land Court (2015) 117 Taitokerau MB 260 (117 TTK 260)
4 December 2015
Application seeking an urgent injunction to remove control of the trust from the respondent trustees and to remove four of those trustees adjourned.
Download Taurua - Te Tii Waitangi A (234 KB PDF) here. read more
Vercoe v Keepa - Ruatoki B92 and Ruatoki B13A 2A
Māori Land Court (2015) 131 Waiariki MB 31 (131 WAR 31)
12 November 2015
Application granted to remove a trustee and enforce trust obligations.
Download Vercoe v Keepa - Ruatoki B92 and Ruatoki B13A 2A (303 KB PDF) here. read more
Barnes v Adlam - Matata Parish 39A 2A Ahu Whenua Trust
Māori Land Court (2015) 127 Waiariki MB 184 (127 WAR 184)
10 September 2015
Amendments were proposed to modernise the terms of trust for two trusts. Several issues were considered including whether persons could be trustees of both trusts. The issues were progressed and the court issued directions despite ongoing litigation about trustee actions dealing with the trust property.
Download Barnes v Adlam - Matata Parish 39A 2A Ahu Whenua Trust (293 KB PDF). read more