Muru v Maungatautari Ecological Island Trust - Wani Wani 1 Block
[2017] Māori Appellate Court 248 (2017 APPEAL 248)
21 August 2017
Application to appeal a costs decision dismissed. There was no error in the decision of the lower court and 60% contribution to costs is reasonable.
Download Muru v Maungatautari Ecological Island Trust - Wani Wani 1 Block (146 KB PDF).
Naera v Fenwick - Whakapoungakau 24
Māori Land Court (2017) 168 Waiariki MB 257 (168 WAR 257)
31 August 2017
Update of a previous interim judgement for discovery by consent to allow compliance with the order.
Download Naera v Fenwick - Whakapoungakau 24 (189 KB PDF). read more
Cutforth v Dudley - Omapere Taraire E and Rangihamama X3A Ahu Whenua Trust
Māori Land Court (2017) 157 Taitokerau MB 7 (157 TTK 7)
16 August 2017
Application to appoint a new trustee and reappoint existing trustees granted for three out of the four trustees. Appointment adjourned for the fourth trustee pending consideration by the beneficiaries of that person's past conviction for attempting to pervert the course of justice.
Download Cutforth v Dudley - Omapere Taraire E and Rangihamama X3A Ahu Whenua Trust (219KB PDF). read more
Walters v Miller - Oranui 10 (Māori Reservation)
Māori Land Court (2017) 167 Waiariki MB 176 (167 WAR 176)
10 August 2017
Application seeking a rehearing of an order replacing trustees dismissed.
Download Walters v Miller - Oranui 10 (Māori Reservation) (252 KB PDF). read more
Niao - Matata 39A Sec 2B No 2B No 2A
Māori Land Court (2017) 163 Waiariki MB 22 (163 WAR 22)
15 May 2017
Application seeking, by injunction, to prevent an owner exercising voting rights. Dismissed.
Download Niao - Matata 39A Sec 2B No 2B No 2A (168 KB PDF). read more
Smith v Smith - Estate of Francis Guthrie-Smith
Māori Land Court (2017) 70 Tairāwhiti MB 161 (70 TRW 161)
31 August 2017
Application seeking a rehearing of previous decision dismissed.
Download Smith v Smith - Estate of Francis Guthrie-Smith (229 KB PDF).
Hauiti v Tamati - Puhunga A7D1
Māori Land Court (2017) 68 Tairawhiti MB 100 (68 TRW 100)
8 June 2017
Application for a permanent injunction against the respondent requiring her to move out of the house on Puhunga A7D1 and prohibiting her from entering the land dismissed.
Download Hauiti v Tamati- Puhunga A7D1 (334 KB PDF).
Biddle v Karaitiana - Waipahihi 4H Block
Māori Land Court (2017) 163 Waiariki MB 149 (163 WAI 149)
7 June 2017
Application seeking a judgment sum and damages relating to a contractual dispute dismissed because the Court has no jurisdiction.
Download Biddle v Karaitiana - Waipahihi 4H Block (278 KB PDF).
Butler v Matchitt - Matangareka 3B Ahu Whenua Trust
Māori Land Court (2017) 163 Waiāriki MB 10 (163 WAR 10)
16 May 2017
Application seeking leave to appeal an injunction freezing the bank accounts of Matangareka 3B Ahu Whenua Trust denied. The interests of justice and of the parties would not be served by allowing the appeal to be heard.
Download Butler v Matchitt - Matangareka 3B Ahu Whenua Trust (239KB PDF). read more
Royal v Waerea- The Mere Royal Whānau Trust
Māori Land Court (2017) 162 Waiariki MB 117 (162 WAR 117)
11 May 2017
Application for a review of trust granted. Applications for a claim founded on tort and for the removal of a trustee dismissed.
Download Royal v Waerea- The Mere Royal Whānau Trust (250 KB PDF).
Insley v Huritu - Awanui Haparapara No 4B
Māori Land Court (2017) 167 Waiariki MB 194 (167 WAR 194)
10 August 2017
Application for appointment of replacement trustees. Court held proposed trustees should be appointed.
Download Insley v Huritu - Awanui Haparapara No 4B (247 KB PDF).
Aupouri - Waitekaha A4
Māori Land Court (2017) 68 Tairawhiti MB 94 (68 TRW 94)
9 June 2017
Preliminary decision concerning an application to constitute an ahu whenua trust over Waitekaha A4 block. Registrar directed to conduct another meeting of owners to try and generate more interest in this block and accurately record the outcome of the meeting.
Download Aupouri - Waitekaha A4 (488 KB PDF).
Carroll - Himatangi 7 Block
Māori Land Court (2017) 369 Aotea MB 107 (369 AOT 107)
8 May 2017
Application for review of Himatangi 7 Whanau Trust. Appointment of elected trustees approved and review of trust completed.
Download Carroll - Himatangi 7 Block (283 KB PDF). read more
Deputy Registrar - Moteo Estate Trust
Māori Land Court (2017) 58 Tākitimu MB 137 (58 TKT 137)
11 April 2017
Application for review of trust dismissed and application for relief adjourned. Although there were no breaches to justify removal, the fees charged by the trustees were excessive, unjustified and they must be held to account.
Download Deputy Registrar - Moteo Estate Trust (422 KB PDF).
Amoroa - Omuriwaka Māori Reservation
Māori Land Court (2017) 163 Waiariki MB 93 (163 WAR 93)
30 May 2017
Application seeking review and dissolution of a Māori Reservation Trust on the basis that the trustees were not meeting their trustee duties. Adjourned to allow a meeting to take place.
Download Amoroa - Omuriwaka Māori Reservation (242 KB PDF).
Application for an urgent inquiry concerning the Crown's approach to the negotiation of the Ahuriri Hapū Deed of Settlement
Waitangi Tribunal (Wai 2573, #2.5.5; Wai 2574, #2.5.4)
9 March 2017
Applicants representing Ngāti Pārau, Ngati Tu and Ngai Te Ruruku sought an urgent inquiry into the Crown's approach to the negotiation of the Ahuriri Hapū Deed of Settlement. The Tribunal granted an urgent inquiry.
Download Application for an urgent inquiry concerning the Crown's approach to the negotiation of the Ahuriri Hapū Deed of Settlement (1209 KB PDF). read more
Application for an urgent inquiry concerning the Crown’s actions in relation to the settlement of Ngāti Ruapani’s historical Treaty of Waitangi claims
The Waitangi Tribunal (Wai 2566, #2.5.2)
20 September 2016
The Waitangi Tribunal declined to inquire urgently into the Crown’s actions allowing Waikaremoana Tribal Authority to seek a mandate to negotiate a settlement of Ngāti Ruapani claims.
Download Application for an urgent inquiry concerning the Crown’s actions in relation to the settlement of Ngāti Ruahine’s historical Treat of Waitangi claims (3,156 KB).
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Application for an urgent inquiry concerning proposed legislative changes to the Children, Young Persons and their Families Act 1989
Waitangi Tribunal (unregistered claim)
9 February 2017
The Waitangi Tribunal declined to inquire urgently into proposed legislative changes to the Children, Young Persons and their Families Act 1989. The Tribunal ruled that it did not have jurisdiction to do so, given that the Bill relating to the legislative changes was introduced to the House of Representatives prior to the application being filed.
Download Application for an urgent inquiry concerning proposed legislative changes to the Children, Young Persons and their Families Act 1989 (434 KB PDF) once available. read more
Application for an urgent inquiry concerning the Crown’s overlapping claims settlement process regarding the Kaweka and Gwavas Crown Forest Licensed Lands
The Waitangi Tribunal (Wai 2542, #2.5.10)
17 August 2016
The Waitangi Tribunal granted an urgent inquiry concerning the Crown’s overlapping claims process in relation to the Kaweka and Gwavas Crown Forest Licensed Lands offered to He Toa Takitini (HTT) under the Heretaunga Tamatea Deed of Settlement.
Download Application for an urgent inquiry concerning the Crown’s overlapping claims settlement process regarding the Kaweka and Gwavas Crown Forest Licensed Lands (566 KB) read more
Toni Love reports on progress of the proposed reform of Māori land legislation before the dissolution of the 51st Parliament ahead of the 2017 General Election. read more
Application for an urgent inquiry concerning the Tribunal’s jurisdiction to hear the Wai 2560 claim given the introduction of the Rangitāne Tū Māi Rā (Wairarapa Tamaki nui-ā-Rua) claims Settlement Bill into the House of Representatives.
The Waitangi Tribunal (Wai 2560, #2.5.4)
4 November 2016
Following previous decisions, the applicants sought an urgent hearing on whether the Tribunal's jurisdiction to hear the Wai 2560 claims was suspended. The Waitangi Tribunal dismissed the application.
A link to Application for an urgent inquiry concerning the Tribunal’s jurisdiction to hear the Wai 2560 claim given the introduction of the Rangitāne Tū Māi Rā (Wairarapa Tamaki nui-ā-Rua) claims Settlement Bill into the House of Representatives will be provided once available.
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An application concerning the Crown's recognition of the Rangitane 0 Wairapapa and Rangitane 0 Tamaki Nui-a-Rua historical Treaty claims, in particular the Crown's intention to settle Wai 1950 through its settlement with the Rangitane Settlement Negotiations Trust.
Waitangi Tribunal (Wai 2560, #2.5.2)
20 September 2016
The Waitangi dismissed an application for an urgent hearing concerning the Crown's intention to settle a particular claim (Wai 1950) as part of a settlement of historical claims between the Crown and the Rangitane Settlement Negotiations Trust.
Download An application concerning the Crown's recognition of the Rangitane 0 Wairapapa and Rangitane 0 Tamaki Nui-a-Rua historical Treaty claims, in particular the Crown's intention to settle Wai 1950 through its settlement with the Rangitane Settlement Negotiations Trust (2507 KB PDF). read more
Judicial review - membership of tribal organisation - post-settlement governance - Cookson-Ua v Morehu [2017] NZHC 1960 - Toni Love
Resource management - sites of value to mana whenua - Independent Māori Statutory Board v Auckland Council [2017] NZHC 356 - Toni Love
Fiduciary duty - trustee breach of fiduciary duty of loyalty - Staite v Kusabs [2017] NZHC 416 - Toni Love
2017 Māori Appellate Court Judgments - index
Procedure - bias - recusal application dismissed - McDonald - Pakiri G (2017) 155 Taitokerau MB 117 (155 TTK 117) - Craig Linkhorn
Procedure - rehearing application out of time - dismissed - Karena v Te Koau A Trust - Te Koau A (2017) 61 Tākitimu MB 25 (61 TKT 25) - Nopera Dennis-McCarthy
Procedure - rehearing application - dismissed - Nee Harland v Prentice - Mana Ahuriri Incorporated Society (2017) 59 Takitimu MB 227 (59 TTK 227) - Nopera Dennis-McCarthy
Costs - 70% of actual costs awarded - Bayne v Ngati Rehua Ngati Wai Ki Aotea Trust Board- Ngati Rehua Ngati Wai Ki Aotea Trust Board (2017) 157 Taitokerau MB 27 (157 TTK 27) - Isabella Wilson
Succession - governing legislation - Māori Affairs Act 1953 - Hunuhunu - Estate of Wiremu Witariana Hona (2017) 166 Waiariki MB 229 (166 WAR 229)
Trusts - partial termination of whānau trust - dismissed - Love v Trustees of the George Love Whānau Trust- George Love Whānau Trust (2017) 45 Te Waipounamu MB 142 (45 TWP 142) - Isabella Wilson
Trusts - review - breach of duties - trustees removed - trust partially terminated - Pullar - Aperahama Sullivan Whānau Trust (2017) 61 Takitimu MB 45 (61 TKT 45) - Nopera Dennis-McCarthy
Trusts - trustee removal - enforcement of obligations - further hearing - Scott – Paremata Mokau A7A1 (Mokau Marae) (2017) 155 Taitokerau MB 135 (155 TTK 135) - Toni Love
Trusts - gift - life interest or beneficiary of trust - Chambers - Akuaku A11B and others (2017) 44 Te Waipounamu MB 135 (44 TWP 135) - Nopera Dennis-McCarthy
Trusts - trustee appointment - objection to proposed trustees dismissed - Awanui Haparapara 4B Ahu Whenua Trust v Huritu - Awanui Haprapara No 4B Block (2017) 167 Waiariki MB 194 (167 WAR 194) - Nopera Dennis-McCarthy
Trusts - investigation sought - further evidence - interim judgment - Gemmell v Hemana - Mohaka A4 (2017) 61 Tākitimu MB 239 (61 TKT 239) - Isabella Wilson
2017 Māori Land Court Judgments - index
Download the Māori Law Review August 2017 (375 KB PDF)
Staite v Kusabs
High Court [2017] NZHC 416
13 March 2017
Declaration made that a former trustee (now deceased) breached a fiduciary duty of loyalty to two trusts in conduct relating to a lease to a third trust.
Download Staite v Kusabs (1.1 MB PDF). read more
Independent Māori Statutory Board v Auckland Council
High Court [2017] NZHC 356
7 March 2017
This appeal was against Auckland Council planning decisions to delete provisions from the proposed Auckland Unitary Plan relating to sites of value for mana whenua (SVMWs). The appeal was dismissed.
Download Independent Māori Statutory Board v Auckland Council (380 KB PDF). read more