2017 – Page 7 – Māori Law Review

Māori interests in natural resource management: 2016 in review

Annie O'Connor, Dave Randal and Alanna Garland Duignan from Buddle Findlay review legal developments from 2016 relating to Māori interests in natural resources.

Chief Judge’s powers – no jurisdiction – Antonovich

Antonovich - Te Moananui David Moses in Matakana 1B2H2

Māori Land Court [2017] Chief Judge's MB 195 (2017 CJ 195)

30 March 2017

Application to amend vesting order made in 1965 due to mistake, error or omission in presentation of the facts of the case to the Court. Application dismissed due to insufficient evidence and lack of jurisdiction.

Download Antonovich - Te Moananui David Moses in Matakana 1B2H2 when available. read more

Chief Judge’s powers – refusal to amend earlier exercise of powers – Metua

Korohiko Metua Smith (deceased) - Smith/Walker

Māori Land Court [2017] Chief Judge's MB 198 (2017 CJ 198)

30 March 2017

The applicant sought to reopen and amend an earlier order resulting from the exercise of the Chief Judge's powers. The court declined to do so. The matter raised now was previously considered and determined.

Download Korohiko Metua (516 KB PDF) when available.

Succession – vesting – land confirmed as Māori Freehold land – no grant of administration – Rangihuna

Rangihuna – Marangairoa A44A

Māori Land Court (2017) 66 Tairawhiti MB 151 (66 TRW 151)

4 April 2017

Succession of interests on determining the status of Marangairoa A44A as Māori Freehold land.

Download Rangihuna – Marangairoa A44A (147 KB PDF).

Waitangi Tribunal procedure – urgent inquiries – declined – The Taurewa Forest Deed of Settlement Claim

Application for an urgent inquiry into the actions of the Crown during the ratification of the Deeds of Settlement concerning Central North Island Forests Land.

Waitangi Tribunal (Wai 2562, #2.5.3)

1 February 2017

The Waitangi Tribunal dismissed an application for an urgent inquiry into the actions of the Crown during the ratification of the Deeds of Settlement concerning Central North Island Forests Land. The applicants claimed there was insufficient support during the ratification process.

Download Application for an urgent inquiry into the actions of the Crown during the ratification of the Deeds of Settlement concerning Central North Island Forests Land (637 KB). read more

Status of land – application for change to general land to facilitate sale – application granted – Skudder

Skudder - Tahorakuri A No 1 Sec 8B and Lot 1 Deposited Plan South Auckland 63822

Māori Land Court (2017) 160 Waiariki MB 242 (160 WAR 242)

11 April 2017

Application for a change in status of land from Maori Freehold land to General land, due to the applicant's ill-health and poor financial and physical condition of the land. Application granted, on the condition that part of the land was set aside as a Māori reservation and the section where the house was located was retained as Māori Freehold land.

Download Skudder - Tahorakuri A No 1 Sec 8B and Lot 1 Deposited Plan South Auckland 63822 (219KB, PDF). read more

Status of land – change of status – dismissed – no compelling evidence – McBride

McBride- Aorangi 14B1

Māori Land Court

1 March 2017

Application seeking to change the status of Aorangi 14B1 from Māori freehold to General land.

Download McBride - Aorangi 14B1 (123 KB PDF).

Trusts – review and variation – trust order approved with changes – Huriwai

Huriwai- Hinetiraha A2C Ahu Whenua Trust

Māori Land Court (2017) 66 Tairawhiti MB 157 (66 TRW 157)

4 April 2017

Applicant seeks an order to vary a trust deed to recognise the proposed division of the land into three areas.

Download Huriwai- Hinetiraha A2C Ahu Whenua Trust (209 KB PDF).

Costs – 70% of incurred costs awarded – unnecessary delays in proceedings – Flutey

Flutey - Papatupu 2A No 2

Māori Land Court (2017) 366 Aotea MB 263 (366 AOT 263)

15 March 2017

Costs decision following judgment in which the applicant successfully sought entitlement to proceeds acquired from the use of her land. The respondents were ordered to pay 70% of costs incurred to the applicant.

Download Flutey v The Executors of the Estate of Jim Huirua Sullivan - Papatupu 2A No (283 KB PDF). read more

Trusts – trustee appointment – debtor to trust ineligible – Severne

Deputy Registrar v Severne - Okahukura 8M2C2C2B

Māori Land Court (2017) 365 Aotea MB 174 (365 AOT 174)

15 February 2017

Application by Mr Howell and Ms Gardiner for appointment as responsible trustees of the Okahukura 8M2C2C2B Trust. Mrs Gardiner appointed, application from Mr Howell dismissed.

Download Deputy Registrar v Severne - Okahukura 8M2C2C2B (193 KB, PDF). read more

Succession – whāngai interests – tikanga of Ngā Rauru – McCallum

McCallum v The Māori Trustee of Whanganui — Estate of Ngapiki Waaka Hakaraia

Māori Land Court (2017) Chief Judge’s MB 144 (2017 CJ 144)

10 March 2017

Rehearing of a succession order; original decision upheld.

Download McCallum v The Māori Trustee of Whanganui — Estate of Ngapiki Waaka Hakaraia (PDF, 200 KB) read more

Trusts – partial termination – whānau trust – Panapa

Panapa - Ngawhare rāua ko Merepapuha Raukura Maika Te Rangipuawhe Whānau Trust

Māori Land Court (2017) 159 Waiariki MB 277 (159 WAR 277)

29 March 2017

Application granted allowing partial termination of a whānau trust and vesting in another.

Download Panapa - Ngawhare rāua ko Merepapuha Raukura Maika Te Rangipuawhe Whānau Trust (228 KB, PDF). read more

Succession – court has no jurisdiction to determine validity of will – Pine

Pine - Estate of Waina Nicholson

Māori Land Court (2017) 58 Tākitimu MB 123 (58 TKT 123)

23 March 2017

This was an application for the deceased's interests to be vested in her siblings. During the hearing a will was produced giving the deceased's niece the sole right to her interests. Held that the Court does not have the ability to determine the validity of a will. The niece was given three months to file for a grant of probate from the High Court. The application was dismissed so that could occur.

Download Pine - Estate of Waina Nicholson (273KB, PDF). read more

Injunction – trespass by ouster – Motiti – Hoete

Hoete v Faulkner – Motiti North C No 1 Block

Māori Land Court (2017) 136 Waikato Maniapoto MB 278 (136 WMN 278)

14 March 2017

Application seeking a permanent injunction ordering respondent to move her house off the centre line of an airstrip granted and a partition application adjourned.

Download Hoete v Faulkner- Motiti North C No 1 Block (309 KB PDF).
read more

Roadway – rehearing – application to cancel roadway dismissed – Diamondaras

Diamondaras v Rice- Rangiuru Part No 2A Roadway

Māori Land Court (2017) 159 Waiariki MB 94 (159 WAR 94)

20 March 2017

This case was a rehearing from an earlier decision cancelling a roadway and vesting the land in an adjacent landowner. On rehearing the earlier orders were annulled and the roadway remain open.

Download Diamondaras v Rice- Rangiuru Part No 2A Roadway (225 KB PDF).

Supreme Court – Te Kōti Mana Nui

Fiduciary duty - Crown owed fiduciary duties to owners of Nelson tenths reserves - Proprietors of Wakatū v Attorney-General [2017] NZSC 17 - Martha Reilly

Court of Appeal – Te Kōti Pīra

Leave to bring a second appeal declined - no jurisdiction to rehear merits - Hill v Māori Trustee [2016] NZCA 487 - Toni Love

High Court – Te Kōti Matua

Takutai Moana – customary marine title recognised – Rakiura – status of applicant – Re Tipene [2016] NZHC 3199 - Andrew Irwin

Arbitration - mana whenua - appeal dismissed - Ngāti Hurungaterangi & Ors v Ngāti Wahiao [2016] NZHC 1486 - Toni Love

Arbitration - mana whenua - leave to appeal - sufficient public and private interest - Ngāti Hurungaterangi & Ors v Ngāti Wahiao [2016] NZHC 3156 - Toni Love

Māori Appellate Court – Te Kōti Pīra Māori

2016 Māori Appellate Court Judgments - index

Māori Land Court - Te Kōti Whenua Māori

Status of land - rehearing - succession order - respondents retain equitable title - Fisher v Potroz – Mohakatino Parininihi (2016) 361 Aotea MB 146 (361 AOT 146) - Martha Reilly

Occupation orders - whānau trust - dismissed - Brightwell - Okauia B3B1 Block (2017) 135 Waikato Maniapoto MB 121 (135 WMN 121) - Martha Reilly

Trusts - vary whānau trust order – trust renamed - new trustees appointed - Hikaka v Ngawhare - Komene 4A2 (2016) 356 Aotea MB 76 (356 AOT 76) - Martha Reilly

2017 Māori Land Court Judgments - index

2016 Māori Land Court Judgments - index

Waitangi Tribunal - Te Rōpū Whakamana i Te Tiriti o Waitangi

Waitangi Tribunal procedure – urgent inquiries - the Marine and Coastal Area (Takutai Moana) Act (Te Kapotai) claim - Martha Reilly

Legislation - Ngā Whakaturetanga

Te Ture Whenua Māori Bill – Te Pire mō Te Ture Whenua Māori - Select Committee report on Bill - Craig Linkhorn

Print version

Download the Māori Law Review March 2017 (671 KB PDF)

Appeal – leave to bring a second appeal declined – no jurisdiction to rehear merits – Hill

Hill v Māori Trustee

Court of Appeal [2016] NZCA 487

3 October 2016

Application for leave to bring a second appeal of the District Court decision finding the applicant liable for breaches of lease declined.

Download Hill v Māori Trustee (359 KB PDF). read more

Arbitration – mana whenua – appeal dismissed – Ngāti Hurungaterangi

Ngāti Hurungaterangi & Ors v Ngāti Wahiao

High Court [2016] NZHC 1486

1 July 2016

Application to appeal an arbitral award dismissed and each of the questions of law for which leave was given were answered in the negative.

Download Ngāti Hurungaterangi & Ors v Ngāti Wahiao (1.13 MB PDF). read more

Arbitration – mana whenua – leave to appeal – sufficient public and private interest – Ngāti Hurungaterangi

Ngāti Hurungaterangi & Ors v Ngāti Wahiao

High Court [2016] NZHC 3156

20 December 2016

Ngāti Wahiao sought to appeal a High Court judgment dismissing an appeal of an arbitral award and Ngāti Whakaue sought leave to appeal on identical questions, with the difference being only in the identity of the tribunal being appealed. An order was granted in favour of Ngāti Whakaue as each question involves a question of law which is capable of bona fide and serious argument and there is a sufficient private and public interest to justify an appeal.

Download Ngāti Hurungaterangi & Ors v Ngāti Wahiao (421 KB PDF). read more

Injunction – application for stay – recovery of Māori Freehold Land – Waipaoa 5A2

Māori Trustee v Smith - Waipaoa 5A2

Māori Land Court (2017) 65 Tairāwhiti MB 215 (65 TRW 215)

9 March 2017

The applicant sought a stay of an earlier order in recovery of land proceedings to protect a position pending an appeal against the earlier orders. The application was dismissed.

Download The Māori Trustee v Smith - Waipaoa 5A2 (PDF, 192 KB). read more

Interest in land – licence to occupy house site – ownership of destroyed house – Skipper

Skipper v Skipper - Awanui Haparapara 9

Māori Land Court (2017) 159 Waiariki MB 3 (159 WAR 3)

20 March 2017

Dismissal of an application seeking determination of the ownership of a house (now destroyed) and transfer of a licence to occupy the site the house had stood on. All relevant rights had expired.

Download Skipper v Skipper - Awanui Haparapara 9 (238 KB PDF).

Costs – proceeding for recovery of land – equivalent to District Court scale

Trustees in the Section 3 Block XIII Tautuku Trust v Cairns - Part 3 Section 3 Block XIII Tautuku Survey District

Māori Land Court (2017) 42 Te Waipounamu MB 284 (42 TWP 284)

9 March 2017

Determination of costs based on previous successful application for recovery of land. Costs awarded on a basis equivalent to the District Court scale.

Download Trustees in the Section 3 Block XIII Tautuku Trust v Cairns - Part 3 Section 3 Block XIII Tautuku Survey District (PDF, 180 KB) read more

Chief Judge’s powers – succession – whāngai – McCallum

McCallum v The Māori Trustee of Whanganui - Will of Ngapiki Waaka Hakaraia

Māori Land Court (2017) 541 Aotea MB 144 (541 AOT 144)

10 March 2017

The Court declined the application. The issue was whether the person was a whāngai child of the life tenant of the estate (now deceased) and therefore entitled to challenge relevant succession orders made.

Download McCallum v The Māori Trustee of Whanganui - Will of Ngapiki Waaka Hakaraia (668 KB PDF) here.