Cookson-Ua v Morehu
High Court [2017] NZHC 1960
17 August 2017
Application for judicial review of decisions denying the applicant's applications for registration as members of Ngāti Rangiteaorere declined.
Download Cookson-Ua v Morehu (513 KB PDF).
Gemmell v Hemana - Mohaka A4
Māori Land Court (2017) 61 Tākitimu MB 239 (61 TKT 239)
15 August 2017
The Court was asked to investigate a dispute about repayment of money. The Court issued directions requiring an update on intended proceedings to recover money and a further report on trust administration.
Download Gemmell v Hemana - Mohaka A4 (257 KB PDF).
McDonald- Pakiri G
Māori Land Court (2017) 155 Taitokerau MB 117 (155 TTK 117)
18 July 2017
The judge was asked to step down from hearing two applications on the basis he was biased. None of the grounds advanced were made out. The judge reviewed the law of apparent bias in dismissing the application. He also made observations about professional and personal connections that flow from the size of Māori Land Court bench and the comparatively small number of lawyers who appear in that Court.
Download McDonald- Pakiri G (163 KB PDF).
Karena v Te Koau A Trust - Te Koau A
Māori Land Court (2017) 61 Tākitimu MB 25 (61 TKT 25)
19 July 2017
Application for a rehearing outside the 28-day limit, based on the argument that it was not reasonable for the application to be made in 28 days and that the court had erred on grounds of fact and law. Application dismissed, the rehearing application could have been made sooner and there was no miscarriage of justice in this case.
Nee Harland v Prentice - Mana Ahuriri Incorporated Society
Māori Land Court (2017) 59 Takitimu MB 227 (59 TTK 227)
12 June 2017
Applicant seeking a rehearing after his original application was dismissed. The grounds were that he was not given the opportunity to be heard and that he was misunderstood by the Court. Application for rehearing dismissed, there was no miscarriage of justice as the applicant had opportunities to be heard and the Court understood his application.
Download Nee Harland v Prentice - Mana Ahuriri Incorporated Society (348 KB PDF). read more
Love v Trustees of the George Love Whānau Trust- George Love Whānau Trust
Māori Land Court (2017) 45 Te Waipounamu MB 142 (45 TWP 142)
11 July 2017
The applicant sought to partially terminate a whānau trust because of family conflict. The application was refused.
Download Love v Trustees of the George Love Whānau Trust- George Love Whānau Trust (228 KB PDF).
Awanui Haparapara 4B Ahu Whenua Trust v Huritu - Awanui Haprapara No 4B Block
Māori Land Court (2017) 167 Waiariki MB 194 (167 WAR 194)
10 August 2017
Application objecting to the appointment of two trustees to the Awanui Haparapara 4B Ahu Whenua Trust dismissed. The trustees were broadly acceptable to the beneficiaries and had the necessary ability, experience and knowledge to fulfil their role.
Download Awanui Haparapara 4B Ahu Whenua Trust v Huritu - Awanui Haprapara No 4B Block when available. read more
Bayne v Ngati Rehua Ngati Wai Ki Aotea Trust Board - Ngati Rehua Ngati Wai Ki Aotea Trust Board
Māori Land Court (2017) 157 Taitokerau MB 27 (157 TTK 27)
17 August 2017
In 2015 the Court dismissed Ms Bayne's injunction application. The Ngāti Rehua Ngāti Wai ki Aotea Trust Board was awarded 70 percent of its actual costs opposing the application.
Download Bayne v Ngati Rehua Ngati Wai Ki Aotea Trust Board - Ngati Rehua Ngati Wai Ki Aotea Trust Board (184 KB PDF).
Hunuhunu - Estate of Wiremu Witariana Hona
Māori Land Court (2017) 166 Waiariki MB 229 (166 WAR 229)
26 July 2017
Application to determine applicable legislation and entitlement to succession. The Māori Affairs Act 1953 and Māori Affairs Amendment Act 1967 applied.
Download Hunuhunu- Estate of Wiremu Witariana Hona (139 KB PDF).
Chambers - Akuaku A11B and others
Māori Land Court (2017) 44 Te Waipounamu MB 135 (44 TWP 135)
10 July 2017
Application seeking to transfer (by way of gift) the applicant's Māori land interests to a trust granted with an offer of an alternative order. The alternative order would vary the trust to include the applicant's descendants, which was more consistent with the kaupapa of the Te Ture Whenua Māori Act 1993.
Download Chambers - Akuaku A11B and others (192 KB PDF) read more
Scott – Paremata Mokau A7A1 (Mokau Marae)
Māori Land Court (2017) 155 Taitokerau MB 135 (155 TTK 135)
27 July 2017
Applications seeking an inquiry into the administration of the Māori reservation on Paremata Mokau A7A1 block, and seeking the removal and replacement of the trustees were set down for a further hearing to enable further submissions on the issues.
Download Scott – Paremata Mokau A7A1 (Mokau Marae) (264 KB PDF). read more
Pullar - Aperahama Sullivan Whānau Trust
Māori Land Court (2017) 61 Takitimu MB 45 (61 TKT 45)
25 July 2017
Application seeking a review and partial termination of the Aperahama Whānau Trust due to breach of duties by trustees. Application granted, the trustees had breached their duties in a manner sufficient to warrant their removal and the trust should be partially terminated.
Download Pullar - Aperahama Sullivan Whānau Trust (439 KB PDF). read more
Judicial review - application granted - water take consent extension - Ngāti Tama Ki Te Waipounamu Trust v Tasman District Council [2017] NZHC 1081 - Toni Love
Arbitration - mana whenua - settlement proceeds - adjustment - Leef v Bidois [2017] NZHC 36 - Toni Love
Burial - administrator - disinterment request - breach of tikanga - Biddle v Pooley [2017] NZHC 338 - Toni Love
Natural resource management - restoration - Treaty principles properly considered - Lake Horowhenua - Hokio Trusts v Manawatu-Wanganui Regional Council [2017] NZHC 1355 - Toni Love
Natural resource management - district plan provision - wāhi tapu - Te Rūnanga o Ngāi Tahu v Christchurch City Council [2017] NZHC 541 - Toni Love
Injunction - appeal dismissed - Rahui v Runanga 2C2B1 Ahu Whenua Trust - Runanga No 2C No 2B No1 [2017] Māori Appellate Court MB 150 (2016 APPEAL 150) - Toni Love
Injunction - appeal allowed - permanent injunction would be oppressive - Flight v Fletcher - Waipapa 1D 2B 3B [2017] Māori Appellate Court MB 96 (2016 APPEAL 96) - Toni Love
Procedure - appeal application dismissed - directions and time - Smith v Māori Trustee - Waipaoa 5A2 [2017] Māori Appellate Court MB 143 (2016 APPEAL 143) - Toni Love
Procedure - rehearing directed on appeal - Samuel v Samuel - Te Urupiki Samuel [2017] Māori Appellate Court MB 147 (2016 APPEAL 147) - Toni Love
Māori Incorporations - licence to occupy not a long term lease - Bratton v Le Lievre - Muriwhenua Incorporation [2017] Māori Appellate Court 131 (2017 APPEAL 131)
2017 Māori Appellate Court Judgments - index
Chief Judge's powers - succession order amended - Reihana - Estate of Ngapipi Rewiti Panapa (2017) Chief Judge's MB 238 (2017 CJ 238) - Toni Love
Chief Judge's powers - application to cancel trust orders - trust orders amended to be conditional on Family Court judgment - Yates v Nathan - Neville David Nathan Whanau Trust (2016) Chief Judge's MB 223 (2016 CJ 223) - Martha Reilly
Chief Judge's powers - beneficial interests in Lake Waikaremoana - Morrel v Wairoa - Waikaremoana Māori Trust Board (2017) Chief Judge's MB 342 (2017 CJ 342) - Nopera Dennis-McCarthy
Chief Judge's powers - succession order amended - Penney v Kemp - Wiremu Parata Kingi (2017) Chief Judge's MB 257 (2017 CJ 257) - Nopera Dennis-McCarthy
Chief Judge's powers - amendment sought of order declaring Māori Customary land dismissed - Bristol v Ngāti Rangi Trust - Rangiwaea-Tāpiri (2017) Chief Judge's MB 269 (2017 CJ 269) - Nopera Dennis-McCarthy
Procedure - directions to trustee administrators of estate - partition - Bartlett- Part Lot 1 Deposited Plan 696 (2017) 61 Takitimu MB 34 (61 TKT 34) - Isabella Wilson
Alienation - gift of shares - preliminary decision - Paenga - Wharekahika A18 (2017) 68 Tairāwhiti MB 150 (68 TRW 150) - Isabella Wilson
Charging orders - appointment of receiver rejected - Roberts v McKenzie - Tokaanu Māori Township 2nd Residue Trust (2017) 371 Aotea MB 133 (371 AOT 133) - Nopera Dennis-McCarthy
Trusts - appointment of trustee - misconduct alleged - trustee appointed - Mariu - Owhaoko B and D Trust (2017) 372 Aotea MB 86 (372 AOT 86)
Trusts - removal of trustees - breach of duties - dismissed - Karena v Trustees of Owhaoko C Trust - Owhaoko C Trust (2017) 59 Takitimu MB 288 (59 TKT 288) - Nopera Dennis-McCarthy
Trusts - trustee appointment - objection dismissed - Elers - Ngapakihi 2A2B (Raetihi Marae) (2017) 372 Aotea MB 75 (372 AOT 75) - Nopera Dennis-McCarthy
Trusts - removal of trustee - misconduct - dismissed - Kauikia-Stevens v Tume - Te Wirihana Tawake Whānau Trust (2016) 354 Aotea MB 36 (354 AOT 36) - Martha Reilly
Trusts - review of trust - interlocutory application dismissed - Povey v Sherard - Otakanini Māori Reservation (Haranui Marae) (2017) 155 Taitokerau MB 4 (155 TTK 4) - Isabella Wilson
Succession - entitlement to succeed - Māori Affairs Act 1953 - Cowan - Estate of Hami Wharepouri Te Awa Waetford (2017) 371 Aotea MB 157 (371 AOT 157) - Nopera Dennis-McCarthy
2017 Māori Land Court Judgments - index
Criminal law - disproportionate Māori re-offending rates - no appropriate strategy - Tū Mai Te Rangi! - Dr Carwyn Jones
Download the Māori Law Review July 2017 (436 KB PDF)
Ngāti Tama Ki Te Waipounamu Trust v Tasman District Council
High Court [2017] NZHC 1081
23 May 2017
Successful judicial review application about a decision granting an extension of the lapse date of a water take consent to Kahurangi Virgin Waters Ltd.
Download Ngāti Tama Ki Te Waipounamu Trust v Tasman District Council (561 KB PDF). read more
Hokio Trusts v Manawatu-Wanganui Regional Council
High Court [2017] NZHC 1355
21 June 2017
Appeal against an Environment Court decision, itself dismissing an appeal from Independent Commissioners for the Manawatu-Wanganui Regional Council granting resource consents for restoration activities at Lake Horowhenua. The appeal concerned the treatment of evidence and was dismissed.
Download Hokio Trusts v Manawatu-Wanganui Regional Council (490 KB PDF). read more
Te Rūnanga o Ngāi Tahu v Christchurch City Council
High Court [2017] NZHC 541
24 March 2017
Appeal seeking deletion of a provision in the Christchurch Replacement District Plan granted.
Download Te Rūnanga o Ngāi Tahu v Christchurch City Council [2017] NZHC 541 (631 KB PDF). read more
Leef v Bidois
High Court [2017] NZHC 36
25 January 2017
This case is about a mana whenua dispute between two hapū (Pirirakau and Ngāti Taka) in relation to a settlement with the Crown about the historical claims of Ngāti Ranginui. The Court decided that a decision, made in arbitration, to allocate settlement proceeds in favour of Pirirakau to the exclusion of Ngāti Taka, should be subject to adjustment.
Download Leef v Bidois and Ors (689 KB PDF). read more
Biddle v Pooley
High Court [2017] NZHC 338
06 March 2017
The High Court refused two applications: the first seeking disinterment and disposal of the deceased's body in accordance with what the administrator of his estate said were his wishes; and the second seeking possession of taonga belonging to the deceased.
Download Biddle v Pooley (293 KB PDF). read more
Bratton v Le Lievre - Muriwhenua Incorporation
[2017] Māori Appellate Court 131 (2017 APPEAL 131)
8 June 2017
Appeal dismissed from a decision holding that the applicant did not have a prior right to occupy. The licence to occupy is not a long-term lease because the right of renewal clause is not an automatic right in favour of the applicant. Overall there was no error of law.
Download Bratton v Le Lievre - Muriwhenua Incorporation (239 KB PDF).
Paenga - Wharekahika A18
Māori Land Court (2017) 68 Tairāwhiti MB 150 (68 TRW 150)
13 June 2017
The applicant wanted to gift shares in land and sought exemption from the requirement to file a special valuation as well as orders to transfer shares. The matter was held over pending receipt of more whakapapa information.
Download Paenga - Wharekahika A18 (803 KB PDF).
Penney v Kemp - Wiremu Parata Kingi
Māori Land Court (2017) Chief Judge's MB 257 (2017 CJ 257)
13 June 2017
Application for amendment to a succession order granted after the applicant successfully proved that a mistake had been made by the Court.
Download Penney v Kemp - Wiremu Parata Kingi (367 KB PDF) here. read more
Mariu - Owhaoko B and D Trust
Māori Land Court (2017) 372 Aotea MB 86 (372 AOT 86)
12 July 2017
Application granted to appoint a replacement trustee. The nominated replacement trustee was broadly acceptable to the beneficiaries and had the necessary ability, experience and knowledge to act as a trustee. Allegations that past misconduct disqualified the person were not appropriately before the Court by way of evidence.
Download Mariu - Owhaoko B and D Trust (215 KB PDF). read more
Karena v Trustees of Owhaoko C Trust - Owhaoko C Trust
Māori Land Court (2017) 59 Takitimu MB 288 (59 TKT 288)
30 June 2017
The respondent sought a review of the Owhaoko C Trust and removal of the current trustees on the basis that they had breached their duties relating to the trust. The applicant trustees sought to strike out that review and removal application. The application for review and removal was dismissed. The trustees had breached their duty to be diligent and prudent but there was not sufficient evidence to show that that they should be removed.
Download Karena v Trustees of Owhaoko C Trust - Owhaoko C Trust (436 KB PDF). read more
Kauikia-Stevens v Tume - Te Wirihana Tawake Whānau Trust
Māori Land Court (2016) 354 Aotea MB 36 (354 AOT 36)
31 May 2016
Application to have a trustee removed on grounds of misconduct dismissed.
Download Kauikia-Stevens v Tume - Te Wirihana Tawake Whānau Trust (256 KB PDF).
Bristol v Ngāti Rangi Trust - Rangiwaea-Tāpiri
Māori Land Court (2017) Chief Judge's MB 269 (2017 CJ 269)
13 June 2017
Application to amend 2001 Court order determining that Part 8 Rangipo North (now known as Rangiwaea-Tāpiri) was Māori Customary land belonging to Ngāti Rangi dismissed due to insufficient evidence of a legal interest by the applicants in the land.
Download Bristol v Ngāti Rangi Trust - Rangiwaea-Tāpiri (435 KB, PDF). read more