Māori Land Court (2017) 145 Taitokerau MB 4 (145 TTK 4)
10 February 2017
The applicant was refused an interim injunction to prevent dealings in the land while their application to have the status of land declared Māori customary land. Submissions from objectors prove that the applicant defaulted on a loan from the mortgagee, and repeated untenable applications disentitle them to equitable relief. Application dismissed.
Download Doney - Lot 2 DP 29547 (200 KB PDF). read more
Tito v Tito - Mangakahia 2B2 No 2A1A Ahu Whenua Trust
Māori Land Court (2017) 146 Taitokerau MB 135 (146 TTK 135)
17 February 2017
An application seeking an urgent injunction was dismissed. The Court ruled that it did not have jurisdiction to make such an order, though the balance of convenience lay with the respondents if there had been jurisdiction.
Download Tito v Tito - Mangakahia 2B2 No 2A1A Ahu Whenua Trust (183 KB PDF). read more
Monschau v Bamber - Tahorakuri A No1 Section 33A2 Block
Māori Land Court (2017) 157 Waiariki MB 173 (157 WAR 173)
22 February 2017
Following a successful appeal to the Māori Appellate Court, establishing their right to bring a claim about division of the proceeds of use of the land, the applicants successfully sought recovery of money paid to the respondents by a third party tenant prior to formation of an ahu whenua trust in 2011.
Download Monschau v Bamber - Tahorakuri A No1 Section 33A2 Block (132 KB PDF). read more
Whitfield - Omahu 4C section 6
Māori Land Court (2017) 56 Takitimu MB 233 (56 TKT 233)
8 February 2017
Application for the sale and purchase of Omahu 4C section 6 to an individual from beyond the preferred class of alienees.
Download Whitfield - Omahu 4C section 6 (2017) 56 Takitimu MB 233 (56 TKT 233) (303 KB PDF) here.
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Rudolph v Rudolph - Rotokakahi A3C1B
Māori Land Court (2017) 146 Taitokerau MB 143 (146 TTK 143)
20 February 2017
The applicant sought a rehearing of an order constituting an Ahu Whenua trust. The applicant also sought a permanent injunction preventing the trustees from evicting him from trust land, following an interim injunction granted on 25 August 2016. The application was dismissed and the interim injunction cancelled.
Download Rudolph v Rudolph - Rotokakahi A3C1B (218 KB PDF). read more
Nee Harland v Prentice - Mana Ahuriri Incorporated Society
Māori Land Court
16 February 2017
The applicant unsuccessfully sought a determination of whether the committee members of an incorporated society were the most appropriate representatives for the Ahuriri hapū.
Download Nee Harland v Prentice - Mana Ahuriri Incorporated Society (369 KB PDF).
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Smith v Smith - Waipaoa 5A2 and other lands
Māori Land Court (2017) 64 Tairawhiti MB 270 (64 TRW 270)
9 February 2017
The applicants and respondents had previously been ordered to nominate two trustees for the relevant estate and convene a meeting between them. Due to a dispute regarding the suitability of the nominated trustees, the meeting had not occurred. The Court held that both parties needed to convene a meeting with the trustees in order to assess the future of the estate.
Download Smith v Smith - Waipaoa 5A2 and other lands (217KB, PDF). read more
Wikitoria Kiriona v Hiromina Ratima Pakai or Hiromina Mabel Renata (Deceased) Poukawa 12B, 13B, 11E3B2D
Māori Land Court (2017) Chief Judge’s MB 35 (2017 CJ 35) 960 KB
2 February 2017
Application for exercise of the Chief Judge's powers to vary a succession order and vest interests in six children.
Download Wikitoria Kiriona v Hiromina Ratima Pakai or Hiromina Mabel Renata (Deceased) (963 KB PDF).
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McLeod v Nga Uri A Maata Ngapo - Charitable Trust Harataunga West 2B2A1 Block
Māori Land Court [2017] Chief Judge's MB 46 (2017 CJ 46)
8 February 2017
This application did not meet exceptional circumstances required to invoke s 45 of the Act. It sought change to an order constituting a Māori reservation.
Download McLeod v Nga Uri A Maata Ngapo - Charitable Trust Harataunga West 2B2A1 Block (474 KB PDF). read more
Sade - Miriama Mahanga Whanau Trust
Māori Land Court (2017) 146 Taitokerau MB 75 (146 TTK 75)
16 February 2017
Successful application for the partial termination of the Miriama Mahanga Whanau Trust. Applicant's interests removed from trust and vested in own name. Vary trust order granted to remove reference to applicant as a beneficiary. Order granted to remove applicant as trustee.
Download Sade - Miriama Mahanga Whanau Trust (192 KB PDF). read more
Naera v Fenwick - Whakapoungakau 24 Block
Māori Land Court (2016) 154 Waiariki MB 254 (154 WAR 254)
20 December 2016
The applicants sought disclosure of documents relating to a proposed project. Application granted. Company and trustees ordered to disclose all documents in their possession relating to the project. Trustees ordered to file full report of any activities concerning the project.
Download Naera v Fenwick - Whakapoungakau 24 Block (156 KB PDF). read more
Sir Edward Taihakurei Durie student essay competition 2016
Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 and Lex Aotearoa
The Māori Law Review is pleased to publish Tyson Hullena's prize winning essay about Te Awa Tupua (Whanganui River Claims Settlement) Act 2017. read more
Taueki - Horowhenua 11 (Lake)
Māori Land Court (2016) 363 Aotea MB 114 (363 AOT 114)
22 December 2016
Application seeking injunction to prevent trustees from inflicting further damage on land dismissed. The applicants have no distinct possessory right to entitle them to injunctive relief. Application for damages adjourned.
Download Taueki - Horowhenua 11 (Lake) (158 KB PDF). read more
Wipaki v Apatu - Awarua o Hinemanu Trust
Māori Land Court (2016) 56 Takitimu MB 54 (56 TKT 54)
21 December 2016
Applicants seek appointment as replacement trustees over Awarua o Hinemanu Trust and the amalgamation of two trusts. Replacement trustees appointed and application for amalgamation of trusts adjourned until next hui-ā-tau.
Download Wipaki v Apatu - Awarua o Hinemanu Trust (187 KB PDF). read more
Kemp v Matenga - Ngatarawa and Ohiti Waitio Land Trust
Māori Land Court (2016) 55 Takitimu MB 142 (55 TKT 142)
7 December 2o16
Applicants seek directions from the Court about alleged mishandling of trust funds. Case adjourned awaiting further details concerning trust policies and evidence to support allegations.
Download Kemp v Matenga - Ngatarawa and Ohiti Waitio Land Trust (187 KB PDF). read more
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
Māori Appellate Court – Te Kōti Pīra Māori
2016 Māori Appellate Court Judgments - index
Status of land - breach of natural justice - rehearing - White v Potroz - Mohakatino Parininihi No 1c West 3A2 [2016] Māori Appellate Court 143 (2016 APPEAL 143) - Toni Love
Procedure - amendment of order to reflect what court decided - proper route - Tatere v Te Aute Trust Board - Mangatainoka No 1BC No 2C, Tamaki 2A2A (Balance) [2016] Māori Appellate Court MB 329 (2016 APPEAL 329) - Toni Love
Māori Land Court - Te Kōti Whenua Māori
2016 Māori Land Court Judgments - index
Status of land - change of status to General land allowed - no preferred class of alienees - Farquhar - Palmerston North Māori Reserve Trust (2016) 358 Aotea MB 19 (358 AOT 19) - James Greenland
Status of land - land remains Māori freehold land - Cross - Horowhenua 9A6B1 (2016) 349 Aotea MB 28 (349 AOT 28) - Indiana Shewen
Legislation - Ngā Whakaturetanga
Te Ture Whenua Māori Bill – Te Pire mō Te Ture Whenua Māori - Select Committee report on Bill - Craig Linkhorn
Deputy Registrar v Pacey - Te Murera Ruka
Māori Land Court (2016) 2016 Chief Judge’s MB 963 (2016 CJ 963)
13 January 2017
Application seeking cancellation of a succession order. Order amended to determine ownership and vest land interests to those entitled.
Download Deputy Registrar v Pacey - Te Murera Ruka (307 KB PDF).
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Deputy Registrar - Estate of Joseph Smith I
Māori Land Court (2017) 2017 Chief Judge's MB 1 (2017 CJ 1)
24 January 2017
Successful application to amend a succession order and vest land interests in seven children of the deceased.
Download Deputy Registrar - Estate of Joseph Smith I (246 KB PDF). read more
Flutey - Papatupu 2A No 2
Māori Land Court (2017) 363 Aotea MB 258 (363 AOT 258)
18 January 2017
Following an interim judgement dated 31 August 2016, where the applicant was awarded 26.5% of net proceeds from the use of her land, the Court awarded a final amount of 4.27% against the respondents. Further submissions filed by respondent failed to prove that the applicant was not entitled to the proceeds claimed.
Download Flutey - Papatupu 2A No 2 (264 KB PDF). read more
Bishop - James Carroll and Arahia Ngatai-Rangiwhetu Whānau Trust
Māori Land Court (2017) 56 Tākitimu MB 94 (56 TKT 94)
18 January 2017
Partial termination of a trust granted with shares divided equally between five whāngai children. Associated change of name and reduction in number of trustees.
Download Bishop - James Carroll and Arahia Ngatai-Rangiwhetu Whānau Trust (314 KB PDF). read more
Oneroa v Ko Te Tarewa Whānau Trust - Waitangi A1A2 Trust
Māori Land Court (2017) 64 Tairawhiti MB 102 (64 TRW 102)
17 January 2017
Application to vary trust order approved to remove obsolete clauses.
Download Oneroa v Ko Te Tarewa Whānau Trust - Waitangi A1A2 Trust (172 KB PDF). read more
