Te Kanawa v Earle - Pukehina M Section 1B No 3
Māori Land Court (2018) 193 Waiariki MB 151 (193 WAR 151)
30 July 2018
Application for recovery of land dismissed.
Download Te Kanawa v Earle - Pukehina M Section 1B No 3 (268 KB PDF). read more
Ngāi Te Hapu Inc v Bay of Plenty Regional Council
Environment Court [2017] NZEnvC 073
17 May 2017
Interim decision granting consent for the abandonment of the MV Rena and permitting any future discharge of contaminants from the vessel subject to conditions of consent. Parties directed to consult on the appropriate conditions of consent.
Download Ngāi Te Hapu Inc v Bay of Plenty Regional Council (28 KB PDF). read more
Committee of Management of Mangatawa Papamoa Blocks Incorporation Lot 1 DPS 65413
Māori Land Court (2018) 164 Waikato Maniapoto MB 69 (164 WMN 69)
21 June 2018
Application for rehearing granted. Earlier partition orders set aside to reflect the changed commercial position of the applicant Incorporation from the situation when it sought partition of its land.
Download Committee of Management of Mangatawa Papamoa Blocks Incorporation Lot 1 DPS 65413 (305 KB) read more
Incorporating Māori approaches to ecosystem management in marine management - Toni Love
Alienation - failure to give notice - decisions set aside - transfer already registered - Karena v Whitfield - Omahu 4C Section 6 [2018] Māori Appellate Court MB 170 (2018 APPEAL 170) - Craig Linkhorn
Trusts - trustee election - validation of proxies and voting not unfair - Donnelly v Deputy Registrar - Ohinepoutea B [2018] Māori Appellate Court MB 219 (2018 APPEAL 219) - Toni Love
2018 Māori Appellate Court Judgments - index
Jurisdiction - inherent power to correct not exercised - recusal not warranted - Maruera v Te Rūnanga o Ngāti Maru (Taranaki) Trust (2018) 385 Aotea MB 168 (385 AOT 7) - Carolyn Southey-Jensen
Chief Judge's powers - succession - adoption - Taurua - Estate of Piatarihi Taurua [2018] Chief Judge's MB 108 (2018 CJ 108) - Carolyn Southey-Jensen
Chief Judge's powers - succession - error interpreting will - Pace - Margaret Rose Karaka [2018] Chief Judge's MB 86 (2018 CJ 86) - Carolyn Southey-Jensen
Rehearing - application dismissed - no grounds - Mikaere v Mikaere - Manaia No 6 (2018) 162 Waikato Maniapoto MB 168 (162 WMN 168) - Annelise Samuels
Trusts - breach of trust - removal of trustees - repayment ordered - Matchitt v Butler - Matangareka 3B (2018) 189 Waiariki MB 74 (189 WAR 74) - Carolyn Southey-Jensen
Trusts - distribution - trustee liability - owner ballot - Takarangi v Owens - Hautu 2B1B2A No 3 (2018) 383 Aotea MB 50 (383 AOT 50) - Carolyn Southey-Jensen
Trusts - appointment of further trustee to overcome impasse - Rika v Williams - Torere Section 33 (2018) 189 Waiariki MB 139 (189 WAR 139) - Carolyn Southey-Jensen
Trusts - trustee appointment - trust order variation - McGuckin - Whitianga Papa Tupu Ora Whenua Trust (2018) 385 Aotea MB 20 (385 AOT 20) - Carolyn Southey-Jensen
Trusts - removal of trustees - insufficient evidence - role of marae committee - Priestly v Tawa - Tuaropaki A (2018) 191 Waiariki MB 234 (191 WAR 234) - Carolyn Southey-Jensen
Maori reservations - limited inquiry granted - Harawira - Te Tii A Maori Reservation (Waitangi Marae) (2018) 173 Taitokerau MB 245 (173 TTK 245) - Annelise Samuels
2018 Māori Land Court Judgments - index
Waitangi Tribunal procedure - remedies - urgent inquiry refused - no imminent risk - Ngāti Rangi settlement - Rangataua and Umumore blocks (Wai 836, #2.54) - Meredith Clement
Waitangi Tribunal procedure - urgent inquiries - urgency dormant - The Ngati Te Ata (Minhinnick) Claim (Wai 2568, ##2.5.6) - Meredith Clement
Waitangi Tribunal procedure - urgent inquiries - urgency criteria not met - The Patuharakeke Hapū Lands and Resources Claim (Wai 745, #2.162; 1308 #2.21) - Meredith Clement
Waitangi Tribunal procedure - urgent inquiries - urgency abandoned by applicants - Whangapoua Forest (Wai 475, #2.67) - Meredith Clement
Whakatōhea mandate inquiry report - recognising a mandate to negotiate a settlement - Dr Carwyn Jones
Download the Māori Law Review July 2018 (568 KB PDF)
This article was written by Toni Love and was drawn from a report written for the Sustainable Seas National Science Challenge.
The Challenge's objective is to enhance utilisation of New Zealand's marine resources within environmental and biological constraints.
Toni's report canvasses incorporating Māori approaches to risk, caution and cumulative impacts in Ecosystem Based Management in the marine management regime. The report also considers incorporation of Treaty of Waitangi principles and specific Māori cultural concepts, discussing their effectiveness in light of important recent cases. Finally, the report identifies challenges associated with statutory incorporation of Māori concepts. read more
Maruera v Te Rūnanga o Ngāti Maru (Taranaki) Trust
Māori Land Court (2018) 385 Aotea MB 7 (385 AOT 7)
31 May 2018
Application seeing to reopen earlier ordered terms of trust to remove clauses. Dismissed. No grounds to reopen and the interests of finality of justice prevailed. A further application that the judge should recuse himself was also declined as being made without foundation.
Download Maruera v Te Rūnanga o Ngāti Maru (Taranaki) Trust (402 KB PDF). read more
McGuckin - Whitianga Papa Tupu Ora Whenua Trust
Māori Land Court (2018) 385 Aotea MB 20 (385 AOT 20)
6 June 2018
Application for appointment of trustees and variation of trust order granted.
Download McGuckin - Whitianga Papa Tupu Ora Whenua Trust (391 KB PDF). read more
Matchitt v Butler - Matangareka 3B
Māori Land Court (2018) 189 Waiariki MB 74 (189 WAR 74)
12 June 2018
Application for review of trust. The Court found breaches of trust for failure to manage conflicting interests, unauthorised payments and failure to act prudently in trust investments. The trustees were removed from office and ordered to repay sums expended in breach of trust with limited relief from liability.
Download Matchitt v Butler - Matangareka 3B (673KB PDF). read more
Karena v Whitfield - Omahu 4C Section 6
Māori Appellate Court [2018] Māori Appellate Court MB 170 (2018 APPEAL 170)
23 April 2018
Appeal allowed (out of time) from decisions confirming alienation and decisions of the lower court set aside. While the Court did not have jurisdiction to unwind registration of the subsequent transfer in the land transfer system, there was a failure to give proper notice and an impact on the preferred class of alienees.
Download Karena v Whitfield - Omahu 4C Section 6 (341 KB PDF). read more
Donnelly v Deputy Registrar - Ohinepoutea B
Māori Appellate Court [2018] Māori Appellate Court MB 219 (2018 APPEAL 219)
02 May 2018
An appeal from a decision appointing trustees on the ground that the voting process was unfair. Appeal dismissed. The Court below had grounds to be satisfied from the election of its appointees to the trustee positions.
Download Donnelly v Deputy Registrar - Ohinepoutea B (478 KB PDF). read more
Taurua - Estate of Piatarihi Taurua
Māori Land Court [2018] Chief Judge's MB 108 (2018 CJ 108)
28 May 2018
Preliminary decision made in favour of amendment to succession orders because a legally adopted child was omitted. Orders to issue after a 14 day objection period.
Download Taurua - Estate of Piatarihi Taurua (335 KB PDF). read more
Pace - Margaret Rose Karaka
Māori Land Court [2018] Chief Judge's MB 86 (2018 CJ 86)
18 May 2018
Application granted to amend a succession order made on an erroneous interpretation of the will.
Download Pace - Margaret Rose Karaka (407 KB PDF). read more
Puna - Rotopounamu 1B3A2C
Māori Land Court (2018) 70 Tākitimu MB 143 (70 TKT 143)
31 July 2018
An application for removal of trustees did not require determination of whether there should be removal for cause as the trustees agreed they should resign. This decision sets out why the applications for directions and removal of trustees arose.
Download Puna - Rotopounamu 1B3A2C (574 KB PDF). read more
Mikaere v Mikaere - Manaia No 6
Māori Land Court (2018) 162 Waikato Maniapoto MB 168 (162 WMN 168)
31 May 2018
Application for rehearing dismissed. The Court was satisfied there was no risk of a miscarriage of justice and no merit to the grounds raised by the applicants.
Download Mikaere v Mikaere - Manaia No 6 (295 KB PDF).
Priestly v Tawa - Tuaropaki A
Māori Land Court (2018) 191 Waiariki MB 234 (191 WAR 234)
2 July 2018
Application for removal of trustees dismissed on the basis of insufficient evidence.
Download Priestly v Tawa - Tuaropaki A (283 KB PDF). read more
Application for an urgent hearing by Roimata Minhinnick on behalf of Te Iwi 0 Ngati Te Ata Waiohua Inc
Waitangi Tribunal (Wai 2568, #2.5.6)
27 March 2018
An urgent inquiry was declined without prejudice to a renewed application in future. The reason was because the matter was dormant.
Download application for an urgent hearing by Roimata Minhinnick on behalf of Te Iwi 0 Ngati Te Ata Waiohua Inc (416 KB PDF). read more
Rika v Williams - Torere Section 33
Māori Land Court (2018) 189 Waiariki MB 139 (189 WAR 139)
13 June 2018
Application for appointment of trustee granted.
Download Rika v Williams - Torere Section 33 (302 KB PDF). read more
The Patuharakeke Hapū Lands and Resources Claim
Waitangi Tribunal (Wai 745, #2.162; 1308 #2.21)
12 April 2018
Application for an urgent hearing declined. This was brought on behalf of Patuharakeke concerning settlement negotiations with Te Rūnanga o Ngāti Whātua (TRoNW). The requirements for an urgent inquiry were not met.
Download The Patuharakeke Hapū Lands and Resources Claim. read more
Ngāti Rangi settlement - Rangataua and Umumore blocks
Waitangi Tribunal (Wai 836, #2.54)
28 June 2018
An application for an urgent remedies hearing concerning lands in the Rangataua and Umumore blocks was declined. There is no imminent risk of the properties being removed from the Tribunal's jurisdiction.
Request Ngāti Rangi settlement - Rangataua and Umumore blocks from the Waitangi Tribunal (487 KB PDF). read more
The Whangapoua Forest Claim
Waitangi Tribunal (Wai 475, #2.67)
20 April 2018
Application for urgent remedies recommendations abandoned without prejudice to future steps.
Download The Whangapoua Forest Claim. read more
Harawira - Te Tii A Maori Reservation (Waitangi Marae)
Māori Land Court (2018) 173 Taitokerau MB 245 (173 TTK 245)
29 May 2018
Inquiry into the administration of a reservation partially granted.
Download Harawira - Te Tii A Maori Reservation (Waitangi Marae) (287 KB PDF).
Land transfer - caveat preventing dealings - Crown agent proprietor - Accident Compensation Corporation v Stafford [2018] NZHC 218 - Toni Love
Breach of natural justice - no notice - Wade - Whakarewarewa Lot 29 Māori Reservation (Wāhiao Meeting House) [2018] Māori Appellate Court MB 283 (2018 APPEAL 283) - Toni Love
2018 Māori Appellate Court Judgments - index
Procedure - interrogatories - discovery - Kingsnorth v Crawford - Moutaruhe 5D Block (2018) 185 Waiariki MB 106 (185 WAR 106-112) - Carolyn Southey-Jensen
Equity - succession claim opposing survivorship - Tuwhangai v Boon – Kawhia U 2B Block (2018) 160 Waikato Maniapoto MB 113 (160 WMN 113) - Carolyn Southey-Jensen
Representation of Māori – review of earlier order – Whakatōhea – Edwards - Whakatōhea (2018) 183 Waiariki 169-194 (183 WAR 169) - Annelise Samuels
Representation of Māori – advice on effect of order declined – no jurisdiction – Whakatōhea – Edwards - Whakatōhea (2018) 181 Waiariki 121 (181 WAR 121) - Annelise Samuels
Chief Judge's powers - succession - exclusion - Rangi v Larkins - Estate of Hakaraia Muru Waata (2018) Chief Judge's MB 25 (2018 CJ 25) - Carolyn Southey-Jensen
Costs - application dismissed - costs should lie where they fall - Edwards v Tatere - Mangatainoka No 1BC No 2C1, Tamaki 2A1C Part (Lot DP7840) and Tamaki 2A2A (Balance) also known as Ngawapurua and Rua Roa Trusts (2018) 186 Waiariki MB 44-60 (186 WAR 44) - Annelise Samuels
Māori incorporations - partition - change of status - easement - Management Committee of Mangatawa Papamoa Blocks Incorporation - Lot 1 DPS 65413 and Part Mangatawa Papamoa SO 452445 (2018) 156 Waikato Maniapoto MB 77 (156 WMN 77) - Toni Love
Māori Incorporations - term of appointment - Pook v Gage - Mangaroa Block and Others (2018) 186 Waiariki MB 32-38 (186 WAR 32) - Annelise Samuels
Trusts - review of trust - standing - Russell v Burns - Ōnuku 886 2B2 Ahu Whenua Trust (49 Waipounamu MB 34-44) (2018) 39 Te Waipounamu MB 43 (39 TWP 34) - Carolyn Southey-Jensen
Trusts - distribution - trustee liability - owner ballot - Takarangi v Owens - Hautu 2B1B2A No 3 (2018) 383 Aotea MB 50 (383 AOT 50) - Carolyn Southey-Jensen
Trusts - investigatory trust terminated by operation of the law - ahu whenua trust constituted over block - Nicholas - Poike 8E (2018) 162 Waikato Maniapoto MB 90 (162 WMN 90) - Te Kooanga Awatere-Reedy
Trusts - constitution of a whānau trust - Anderson v Anderson - Estate of Barlow Nathaniel Hahona Anderson & Estate of Ora Hanna Anderson (2018) 185 Waiariki MB 287 (185 WAR 287-303) - Carolyn Southey-Jensen
Trusts - intention to create a whānau trust - preliminary judgment - Mane - Waihou A8C1B1 (2018) 169 Taitokerau MB 108 (169 TTK 108) - Annelise Samuels
Trusts - whānau trust constituted - previous findings upheld - Mane - Waihou A8C1B1 (2018) 171 Taitokerau MB 291 ( 171 TTK 291)
2018 Māori Land Court Judgments - index
Whakatōhea mandate inquiry report - recognising a mandate to negotiate a settlement - Dr Carwyn Jones
Māori interests in natural resource management - 2017 in review by Anna Brenstrum, Annie O'Connor and Dave Randal
Download the Māori Law Review June 2018 (389 KB PDF)
Nicholas - Poike 8E
Māori Land Court (2018) 162 Waikato Maniapoto MB 90 (162 WMN 90)
24 May 2018
Applications seeking termination of the Poike 8E Investigatory Trust ("PIT") and a review of trust, variation of trust order, and appointment of trustees dismissed as the PIT had expired by operation of law. Application constituting an ahu whenua trust granted.
Download Nicholas - Poike 8E (456 KB PDF). read more
Wade - Whakarewarewa Lot 29 Māori Reservation (Wāhiao Meeting House)
Māori Appellate Court [2018] Māori Appellate Court MB 283 (2018 APPEAL 283)
10 May 2018
Appeal from an order appointing trustees granted because of a failure to observe the principles of natural justice.
Download Wade - Whakarewarewa Lot 29 Māori Reservation (Wāhiao Meeting House) (542 KB PDF). read more
Edwards - Whakatōhea
Māori Land Court (2018) 181 Waiariki MB 121 (181 WAR 121)
21 February 2018
This decision is connected with an application for review of an order made in 1994 determining the most appropriate representatives of Whakatōhea for the purposes of negotiating a Treaty settlement. As part of that application, an advisory ruling was sought from the Court on the effect of the 1994 order. Funding to commission an expert witness was also sought. Both applications were dismissed. There was no jurisdiction in this case for the advisory pathway proposed.
Download Edwards - Whakatohea (247 KB PDF). read more