High Court – Te Kōti Matua
Injunction - dismissed - beneficial interest - Mitchell v Mitchell [2017] NZHC 1759 - Toni Love
Māori Appellate Court – Te Kōti Pīra Māori
Injunction - appeal granted - no notice - Reihana v Benedito - Punakitere [2018] Māori Appellate Court MB 32 (2018 APPEAL 32) - Toni Love
2018 Māori Appellate Court Judgments - index
2017 Māori Appellate Court Judgments - index
Māori Land Court - Te Kōti Whenua Māori
Rehearing - succession orders remain - no whakapapa link - Kerehoma v Haeta-Kuku - Estate of Kenneth James Haeta-Kuku (2017) 65 Tākitimu MB 23 (65 TKT 23) - Toni Love
Trusts - trustee - liability for amounts received in breach - ineligibility for reappointment - Rātima v Sullivan - Tataraakina C Trust (2017) 64 Tākitimu MB 121 (64 TKT 121) - Toni Love
Trusts - trustee removal - ineligibility period - Rātima v Sullivan - Tataraakina C Trust (2015) 41 Tākitimu MB 102 (41 TKT 102) - Annelise Samuels
Trusts - review of trust, enforcement of trustee obligations, removal of trustees - Broadman - Waimarama 3A 4B Sec 5 Block (2018) 66 Tākitimu MB 207 (66 TKT 207) - Toni Love
Trusts - conflict of interest - contracts rescinded - Matchitt v Butler - Mangatareka 3B (2017) 177 Waiariki MB 170 (177 WAR 170) - Toni Love
Māori Reservation - recommendation - urupā - Maori Trustee - Waerenga-a-Hika Māori Cemetery (2017) 73 Tairāwhiti MB 16 (73 TKT 16) - Toni Love
2018 Māori Land Court Judgments - index
2017 Māori Land Court Judgments - index
Resource Management - Ngā Whakahaere Rauemi
Māori interests in natural resource management - 2017 in review by Anna Brenstrum, Annie O'Connor and Dave Randal
Print version
Download the Māori Law Review March 2018 (434 KB PDF)
Mitchell v Mitchell
High Court [2017] NZHC 1759
28 July 2017
Application for an interim injunction dismissed.
Download Mitchell v Mitchell (592 KB PDF). read more
Rātima v Sullivan - Tataraakina C Trust
Māori Land Court (2017) 64 Tākitimu MB 121 (64 TKT 121)
29 November 2017
Determination as to the extent of the potential and actual liability of the former trustees of Tataraakina C Trust finds that trustees must repay the trust for amounts received in breach of their duties or losses caused to the trust.
Download Rātima v Sullivan - Tataraakina C Trust (874 KB PDF). read more
Matchitt v Butler - Mangatareka 3B
Māori Land Court (2017) 177 Waiariki MB 170 (177 WAR 170)
14 December 2017
Contracts were rescinded. Entering into the contracts was a serious and flagrant breach of the requirement to be free from conflicts.
Download Matchitt v Butler - Mangatareka 3B (313 KB PDF). read more
Kerehoma v Haeta-Kuku - Estate of Kenneth James Haeta-Kuku
Māori Land Court (2017) 65 Tākitimu MB 23 (65 TKT 23)
19 December 2017
Rehearing concerning orders made for succession to Māori land interests. The original orders should remain. There is no whakapapa link between the deceased and the applicant and as such she cannot succeed to land interests.
Download Kerehoma v Haeta-Kuku - Estate of Kenneth James Haeta-Kuku (325 KB PDF). read more
Maori Trustee - Waerenga-a-Hika Māori Cemetery
Māori Land Court (2017) 73 Tairāwhiti MB 16 (73 TRW 16)
19 December 2017
Recommendation that Waerenga-a-Hika Māori Cemetery be owned by the descendants of Hokinga and that the land be set aside as a Māori reservation for the purpose of an urupā for the common use and benefit of Te Aitanga a Mahaki.
Download Maori Trustee - Waerenga-a-Hika Māori Cemetery (445 KB PDF). read more
Reihana v Benedito - Punakitere 4J2B2B, 4J2B2C, 4J2B2D, 4J2B2E, 4J2B2F, 4J2B2G, 4J2B2H1 and 4J2B2H2 Blocks
Māori Appellate Court [2018] Māori Appellate Court MB 32 (2018 APPEAL 32)
31 January 2018
Appeal against a permanent injunction granted due to a lack of proper notice. Rehearing ordered.
Download Reihana v Benedito - Punakitere 4J2B2B, 4J2B2C, 4J2B2D, 4J2B2E, 4J2B2F, 4J2B2G, 4J2B2H1 and 4J2B2H2 Blocks (449 KB PDF). read more
Anna Brenstrum, Annie O'Connor and Dave Randal from Buddle Findlay review legal developments from 2017 relating to Māori interests in natural resources. read more
Broadman - Waimarama 3A 4B Sec 5 Block
Māori Land Court (2018) 66 Tākitimu MB 207 (66 TKT 207)
22 February 2018
Determination as to whether annual accounts and general meetings have been prepared and held, whether payments made to trustees were lawful, whether the “attendance fee” to owners was prudent, and whether the trustees can remain in office. The trustees have failed to act prudently and impartially sufficient to warrant their removal. It was both unreasonable and naive for them to believe their conduct was permissible under the trust order or the general law.
Download Broadman - Waimarama 3A 4B Sec 5 Block (332 KB PDF). read more
Rātima v Sullivan - Tataraakina C Trust
Māori Land Court (2015) 41 Tākitimu MB 102 (41 TKT 102)
9 July 2015
Determination that actions of trustees amounted to a breach of trust sufficient to warrant their removal and deem them ineligible for re-election for a period.
Download Rātima v Sullivan - Tataraakina C Trust (531 KB PDF).
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