Māori Law Review

Paerau v Trustees of Te Komiti 1B2B2 Ahu Whenua Trust - Te Komiti 1B2B2 Ahu Whenua Trust

Māori Land Court (2017) 147 Taitokerau MB 241 (147 TTK 241)

30 March 2017

The respondent trustees sought an award of costs for two proceedings brought unsuccessfully by the applicant.  Costs were awarded at 60% of actual costs.

Download Paerau v Trustees of Te Komiti 1B2B2 Ahu Whenua Trust - Te Komiti 1B2B2 Ahu Whenua Trust (573 KB PDF).

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Proprietors of Wakatū v Attorney-General

Supreme Court [2017] NZSC 17

28 February 2017

The Supreme Court, by majority, allowed the second appellant's appeal in part. The Court declared that the Crown owed fiduciary duties to the customary owners of the Nelson tenths reserves. The second appellant, as a descendant of some of these owners, is entitled to pursue in the High Court claims to determine the extent to which the duties owed were breached and appropriate remedies.

The appeals from the first and third appellants were dismissed by majority. The Court ruled that the Incorporated Proprietors of Wakatu and Te Kahui Ngahuru Trust lacked standing to bring the claims on behalf of the class of customary owners.

The cross appeal from the Attorney-General, disputing the standing of the second appellant to make a claim, was unanimously dismissed.

The second appellant's claim is remitted to the High Court for remaining issues of liability, loss and remedy. The Attorney-General was ordered to pay costs of $55,000 to the second appellant. Costs awards in the Court of Appeal and High Court were set aside.

Download Proprietors of Wakatū v Attorney-General (2 MB PDF). read more

Re Tipene

High Court [2016] NZHC 3199

22 December 2016

This is the first case where the High Court applied the tests for customary marine title under the Marine and Coastal Area (Takutai Moana) Act 2011.  The case concerned an area of 200m in radius between two islands off the south-west coast of Rakiura (Stewart Island).  The Court found customary marine title exists over that area. The applicant had authority to bring the application on behalf of the applicant group. The holder of the customary marine title order will be determined later.

Download Re Tipene (953 KB PDF). read more

Fisher v Potroz – Mohakatino Parininihi

Māori Land Court (2016) 361 Aotea MB 146 (361 AOT 146)

30 November 2016

Rehearing of previous decision on the status of land, which declared that the respondent Trust was the sole owner. New submissions, including reliance on a 1945 succession order, suggested that the applicants should be granted ownership. The Court declared that this order was erroneous, and directed the Registrar to file an application for its amendment. Land remains under the ownership of the respondents.

Download Fisher v Potroz – Mohakatino Parininihi (553 KB PDF). read more

Māori Land Court (2017) 135 Waikato Maniapoto MB 121 (135 WMN 121)

15 February 2017

Applicant seeks that an occupation order, in favour of her late mother and sister, be succeeded to by recently-constituted whānau trust. Application dismissed.

Download Brightwell - Okauia B3B1 Block (202 KB PDF). read more

Hikaka v Ngawhare - Komene 4A2

Māori Land Court (2016) 356 Aotea MB 76 (356 AOT 76)

22 July 2016

Application to vary a trust order granted. Trust renamed and new trustees appointed.

Download Hikaka v Ngawhare - Komene 4A2 (235 KB PDF).
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Application for an urgent inquiry concerning the Marine and Coastal Area (Takutai Moana) Act 2011

Waitangi Tribunal (Wai 2577, #2.5.5)

16 March 2017

Fifteen applicants, representing various hapū and whānau, sought an urgent inquiry into the Marine and Coastal Area (Takutai Moana) Act (Te Kapotai) claim, on the grounds that the Act confers control and authority over the takutai moana to the Crown and local government. All applications were dismissed. Alternative remedies are available. The applicants were invited to submit further evidence for their claims to be heard later.

Download Application for an urgent inquiry concerning the Marine and Coastal Area (Takutai Moana) Act 2011 (817 KB PDF). read more

Te Kōti Mana Nui – Supreme Court

Leave to appeal declined - breach of trustee duties - disgorgement of profits - Adlam v Savage & Ors [2017] NZSC 11 - Meredith Clement

Court of Appeal – Te Kōti Pīra

Judicial Review - Waitangi Tribunal must recommend return of land or clearance - Attorney-General v Haronga [2016] NZCA 626 -  Eru Kapa-Kingi

High Court – Te Kōti Matua

Crime - arrest order to enforce injunction - Horowhenua 11 (Lake) Part Reservation Trust v Taueki [2017] NZHC 4 - Toni Love

Māori Appellate Court – Te Kōti Pīra Māori

2016 Māori Appellate Court Judgments - index

Māori Land Court - Te Kōti Whenua Māori

Injunction – dismissed – commercial user authorised by co-owner – Fredricsen v Hikuwai - Wainui D Block (2016) 143 Taitokerau MB 135 (143 TTK 135) - Toni Love

Injunction - application seeking interim injunction pending review into corporation's affairs dismissed - Ruwhiu v Commissioner of Inland Revenue - Maunga Hikurangi Kaporeihana (2016) 143 Taitokerau MB 159 (143 TTK 159) - Toni Love

Injunction - interim injunction ordered - preventing alteration of land - Rainey - Taemaro 2B (2016) 143 Taitokerau MB 171 (143 TTK 171)

Injunction - no possessory right - dismissed - Taueki - Horowhenua 11 (Lake) (2016) 363 Aotea MB 114 (363 AOT 114) - Toni Love

Injunction – interim injunction granted - order to prevent further alteration of land - Kool v Joyce - Tapui Residue (2016) 143 Taitokerau MB 145 (143 TTK 145) - Toni Love

Costs – awarded against respondent in receipt of special aid - Rolleston v Moore - Lot 1 Deposited Plan South Auckland 52401 and Ongaonga No 1C No 1 Block (2016) 133 Waikato Maniapoto MB 39 (133 WMN 39) - Toni Love

Status of land - no change from Māori freehold - access to finance issue not proved - Walker - Mangaroa 3A1 Lot 31 (2016) 55 Takitimu MB 131 (55 TKT 131) - Toni Love

Vesting orders – shares gifted between whānau - Clarkson - Mangaraire B No 2 (2016) 55 Takitimu MB 161 (55 TKT 161) - Toni Love

Vesting orders – trust disestablished, Māori land interests vested equally between two successors - insufficient evidence to prove legal incapacity of successor - Murphy-Peehi - Te Uta Murphy-Peehi Family Trust (2016) 362 Aotea MB 121 (362 AOT 121) - Toni Love

Alienation - confirmed - beneficiary support - Cooper - Te Pupuri Whenua Trust o Puke Te Ao Trust (2016) 363 Aotea MB 89 (363 AOT 89) - Toni Love

Trusts - estate administration - independent trustee appointed - valuation ordered - Smith v Smith - Waipaoa 5A2 and other lands - Estate of Francis Guthrie-Smith (2016) 64 Tairawhiti MB 15 (64 TRW 15) - Toni Love

Trusts - disclosure of proposed project - trustees to report - Naera v Fenwick - Whakapoungakau 24 Block (2016) 154 Waiariki MB 254 (154 WAR 254) - Toni Love

Trusts - seeking directions - mishandling of trust funds - adjourned - Kemp v Matenga - Ngatarawa and Ohiti Waitio Land Trust (2016) 55 Takitimu MB 142 (55 TKT 142) - Toni Love

Trusts - trustee appointment - granted despite minor opposition - Wipaki v Apatu - Awarua o Hinemanu Trust (2016) 56 Takitimu MB 54 (56 TKT 54) - Toni Love

Trusts – injunction application dismissed - new trustees appointed - Taurua - Te Tii Waitangi (2016) 143 Taitokerau MB 117 (143 TTK 117) - Martha Reilly

Succession – provisional judgment determining those entitled to succeed - Williams - Blewett Porou Williams (2016) 362 Aotea MB 112 (362 AOT 112) - Toni Love

Occupation orders – granted - support from trustees overrides respondent concerns - Baker - Waipuka 2S2 Block (2016) 56 Takitimu MB 49 (56 TKT 49) - Toni Love

Occupation orders - granted - sufficient degree of support from owners - Taka - Koparakore A32 A2 B3B (2016) 55 Takitimu 134 (55 TKT 134) - Toni Love

2017 Māori Land Court Judgments - index

2016 Māori Land Court Judgments - index

Legislation - Ngā Whakaturetanga

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

Sir Edward Taihakurei Durie student essay competition 2016

Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 and Lex Aotearoa - Tyson Hullena

Print version

Download the Māori Law Review February 2017 (714 KB PDF)

[2017] NZSC 11

17 February 2017

Application to appeal a decision ordering a disgorgement of profits dismissed.

Download  Adlam v Savage & Ors (421 KB PDF).

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Horowhenua 11 (Lake) Part Reservation Trust v Taueki 

High Court [2017] NZHC 4

10 January 201 7

Applicant seeks arrest order against the liable party, claiming a lack of compliance with previous orders; namely, an injunction ordering his removal from the block. Arrest order authorised but implementation delayed for a period.

Download Horowhenua 11 (Lake) Part Reservation Trust v Taueki (172 KB PDF). read more

Māori Land Court (2016) 64 Tairawhiti MB 15 (64 TRW 15)

22 December 2016

Application about estate administration. Independent trustee appointed and expert valuation and review of estate ordered.

Download Smith v Smith - Waipaoa 5A2 and other lands - Estate of Francis Guthrie-Smith (190 KB PDF). read more

Māori Land Court (2016) 143 Taitokerau MB 135 (143 TTK 135)

21 December 2016

Application seeking permanent injunction preventing co-owner of land from entering into arrangements concerning the land without consent from other co-owners dismissed.

Download Fredricsen v Hikuwai - Wainui D Block (212 KB PDF).

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Māori Land Court (2016) 143 Taitokerau MB 159 (143 TTK 159)

22 December 2016

Applications seeking investigation into corporation's affairs and seeking interim injunction to the Commissioner of Inland Revenue dismissed.

Download Ruwhiu v Commissioner of Inland Revenue - Maunga Hikurangi Kaporeihana (219 KB PDF). read more

Rainey - Taemaro 2B

Māori Land Court (2016) 143 Taitokerau MB 171 (143 TTK 171)

22 December 2016

Applicant seeks injunction prohibiting respondent from occupying or utilising land. Interim injunction granted preventing respondent from undertaking further work (illegal use and erection of buildings) on land, but not an order to vacate.

Download Rainey - Taemaro 2B (178 KB PDF).

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Māori Land Court (2016) 55 Takitimu MB 131 (55 TKT 131)

7 December 2016

Application to change status of land from Māori freehold to General land dismissed. The applicant could not provide evidence that he had difficulties obtaining finances necessary to develop land.

Download Walker - Mangaroa 3A1 Lot 31 (293 KB PDF). read more

Māori Land Court (2016) 55 Takitimu MB 161 (55 TKT 161)

9 December 2016

Successful application to gift shares of land between whānau. The impact of this gift on the applicant's financial obligations was considered inconsequential by the Court.

Download Clarkson - Mangaraire B No 2 (304 KB PDF). read more

Māori Land Court (2016) 362 Aotea MB 121 (362 AOT 121)

9 December 2016

Application to disestablish family Trust and vest those interests in the two successors (divided equally) granted. The respondent, daughter of one named successor, opposes the order, stating that the interests would be better managed if vested into a separate family Trust, due to her mother's previous imprudent financial decisions. The court found that this was not enough to deem her incapable of managing her own affairs under the Personal and Property Rights Act 1988.

Download Murphy-Peehi - Te Uta Murphy-Peehi Family Trust (236 KB PDF). read more

Cooper - Te Pupuri Whenua Trust o Puke Te Ao Trust

Māori Land Court (2016) 363 Aotea MB 89 (363 AOT 89)

13 December 2016

Applicants seek confirmation of alienation concerning proposed Pekapeka to north Ōtaki expressway. Evidence of valuation of land demonstrated that the instrument of alienation has been adequately considered.

Download Cooper - Te Pupuri Whenua Trust o Puke Te Ao Trust (211 KB PDF).

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Māori Land Court (2016) 55 Takitimu 134 (55 TKT 134)

8 December 2016

Successful application seeking occupation order on Māori freehold land.

Download Taka - Koparakore A32 A2 B3B (327 KB PDF).

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Māori Land Court (2016) 362 Aotea MB 112 (362 AOT 112)

8 December 2016

Application seeking clarification concerning grandchildren entitled to succeed. Court issues provisional judgment directing applicants to compile full list of surviving natural grandchildren.

Download Williams - Blewett Porou Williams (257 KB PDF).

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Māori Land Court (2016) 56 Takitimu MB 49 (56 TKT 49)

21 December 2016

Application seeking an occupation order for the purpose of a dwelling granted. Trustees have the right to 'transfer' land interests under the Māori Purposes Act 1943.

Download Baker - Waipuka 2S2 Block (265 KB PDF).

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Māori Land Court (2016) 133 Waikato Maniapoto MB 39 (133 WMN 39)

21 December 2016

This decision sets an amount of compensation for damage to fencing. It also discusses and awards costs against the respondents despite their being in receipt of special aid.

Download Rolleston v Moore - Lot 1 Deposited Plan South Auckland 52401 and Ongaonga No 1C No 1 Block (297 KB PDF). read more

Māori Land Court (2016) 143 Taitokerau MB 117 (143 TTK 117)

20 December 2016

Application for injunction against Inland Revenue Department dismissed. Application to remove trustees adjourned. Elected trustees appointed to replace four removed trustees.

Download Taurua - Te Tii Waitangi (221 KB PDF). read more

Māori Land Court (2016) 143 Taitokerau MB 145 (143 TTK 145)

21 December 2016

Application seeking injunction preventing respondent from undertaking further earthworks upon Māori freehold land granted.

Download Kool v Joyce - Tapui Residue (170 KB PDF). read more

Bennett - Estate of Ronald Clifford Bennett

Māori Land Court (2017) 156 Waiariki MB 250 (156 WAR 250)

10 February 2017

Determination that the deceased's partner owned a house on Māori freehold land and that the house was a fixture, but not the property of the land's owners. The Court declined a second application about income from the deceased's land interests ruling that it fell within the High Court's jurisdiction under the Family Protection Act 1955.

Download Bennett - Estate of Ronald Clifford Bennett (241 KB PDF). read more