Hona - Estate of Hiriweteri Toby
Māori Land Court (2017) Chief Judge's MB 428 (2017 CJ 428)
15 November 2017
Application granted seeking to amend a succession order to include a person in the class of those entitled to succeed.
Download Hona - Estate of Hiriweteri Toby (354 KB PDF). read more
Whakatōhea Mandate Inquiry Report
Waitangi Tribunal Wai 2662, 2018 (pre-publication version)
17 April 2018
In this report, the Tribunal determined that the Crown breached Treaty principles in entering settlement negotiations with a body representing the iwi Whakatōhea. In particular, the Tribunal found that the Crown's recognition of mandate conferred on that group "was not fair, reasonable, and made in good faith".
Download The Whakatōhea Mandate Inquiry Report (1.4 MB PDF). read more
Goldsmith - Lot 72B 3G2 Parish of Matata
Māori Land Court (2017) 175 Waiariki MB 99 (175 WAR 99)
27 November 2017
Determination that there was insufficient support to appoint a person as trustee.
Download Goldsmith - Lot 72B 3G2 Parish of Matata (258 KB PDF). read more
Pook v Gage - The Proprietors of Mangaroa and Other Blocks Incorporated
Māori Land Court (2017) 168 Waiariki MB 200 (168 WAR 200)
28 August 2017
Application for directions as to whether the term of appointment for committee of management members is three years or five years. Correct term is three years.
Download Pook v Gage - The Proprietors of Mangaroa and Other Blocks Incorporated (220 KB PDF). read more
Hei - Maraehako C3D
Māori Land Court (2017) 174 Waiariki MB 274 (174 WAR 274)
22 November 2017
Determination that the three highest polling nominees should be appointed trustees of this ahu whenua trust.
Download Hei - Maraehako C3D (273 KB PDF). read more
Carlton v Dodd - June Dodd Whānau Trust
Māori Land Court (2017) 377 Aotea MB 248 (377 AOT 248)
29 November 2017
Termination of a whānau trust and determination as to how the assets of the trust should be distributed.
Download Carlton v Dodd - June Dodd Whānau Trust (342 KB PDF). read more
Taipana - Taonui Ahuaturanga 3A2 Part
Māori Land Court (2017) 377 Aotea MB 282 (377 AOT 282)
30 November 2017
Interim judgment identifying an application for an occupation order would need amendment as the family trust proposed had no legal interest in the land.
Download Taipana - Taonui Ahuaturanga 3A2 Part (303 KB PDF). read more
The Māori Trustee v Smith - Waipaoa 5A2
Māori Land Court (2017) 72 Tairāwhiti MB 57 (72 TRW 57)
17 November 2017
Reasons for removal of trustees, vesting of shares, and the grant of an injunction.
Download The Māori Trustee v Smith - Waipaoa 5A2 (546 KB PDF). read more
Katene-Griffith - Katene Whanau Trust
Māori Land Court (2017) 47 Te Waipounamu MB 4 (47 TWP 4)
07 November 2017
Application seeking to partially terminate a whānau trust granted.
Download Katene-Griffith - Katene Whanau Trust (290 KB PDF). read more
Taka v Watene - Koparakore A32A2B3B
Māori Land Court (2017) 34 Tākitimu MB 163 (34 TKT 163)
30 November 2017
Applicant held to be the owner of a house and granted an 80 year occupation order over the house site.
Download Taka v Watene - Koparakore A32A2B3B (427 KB PDF). read more
Baker v Samuels-Thomas - Matauri X
Māori Land Court (2018) 174 Taitokerau MB 51 (174 TTK 51)
31 May 2018
Application for permanent injunction against occupation of and building of a dwelling granted. Order made requiring reinstatement of the land.
Download Baker v Samuels-Thomas - Matauri X (314 KB PDF). read more
Canada - the year in review - 2017 - Kevin Hille (free)
Injunction - dismissed - beneficial interest - Mitchell v Mitchell [2017] NZHC 1759 - Toni Love
Judicial recusal - apparent bias - prior role as barrister - Rudd v Hurunui - Horowhenua 11 Part Reservation [2018] Māori Appellate Court MB 123 (2018 APPEAL 123) - Toni Love
Injunction - trespass by ouster - planning instruments - Faulkner v Hoete - Motiti North C No 1 [2018] Māori Appellate Court MB 17 (2018 APPEAL 17) - Toni Love
Procedure - rehearing application out of time - Karena v Te Koau A Ahu Whenua Trust [2018] Māori Appellate Court MB 154 (2018 APPEAL 154) - Toni Love
Procedure - standing - adduce further evidence - appeal dismissed - Charters v Rika - Arataua 4C [2018] Māori Appellate Court MB 142 (2018 APPEAL 142) - Toni Love
Succession - double event - interpretation of survive - Williams - Estate of Blewett Porou Williams [2018] Māori Appellate Court MB 47 (2018 APPEAL 47) - Toni Love
2018 Māori Appellate Court Judgments - index
2017 Māori Appellate Court Judgments - index
Ownership - equitable interests - constructive trust rejected - Broad v Massey - Otarihau 2B1C (2018) 169 Taitokerau MB 138 (169 TTK 138) - Annelise Samuels
Status of land - land remains Māori freehold land - Western Bay of Plenty District Council - Rangiuru 1A 7B 8B1 Residue (2018) 181 Waiariki MB 157 (181 WAR 157) - Carolyn Southey-Jensen
Succession - determination of entitlement - estoppel - Charteris v Rowe - Estate of David Charteris (2018) 181 Waiariki MB 108 (181 WAR 108) - Carolyn Southey-Jensen
Trusts - trustee removal - enforcement of trust obligations - White v Franks - Te Komiti 1A1 Ahu Whenua Trust (2018) 167 Taiokerau MB 292 (167 TTK 292) - Carolyn Southey-Jensen
Trusts - review and enforcement of obligations of trust - dismissed - Rudd - Horowhenua 11 Part Reservation Trust (2017) 372 Aotea MB 171 (372 AOT 171) - Toni Love
Roadway - variation - reversion to earlier order - Eruera - Kōkōhinau Block (2018) 179 Waiariki MB 249 (179 WAR 249) - Carolyn Southey-Jensen
Landlocked land - access - easement granted - Tuson - Mangamuka West 3B2A (2018) 168 Taitokerau MB 17 (168 TTK 17) - Annelise Samuels
2018 Māori Land Court Judgments - index
2017 Māori Land Court Judgments - index
Māori interests in natural resource management - 2017 in review by Anna Brenstrum, Annie O'Connor and Dave Randal
Durability of the Treaty settlement process: Ngāti Whātua, tikanga, and overlapping claims - Cate Barnett
Download the Māori Law Review April 2018 (546 KB PDF)
Kevin Hille reviews developments affecting the rights of indigenous peoples in Canada in 2017. read more
Faulkner v Hoete - Motiti North C No 1
Māori Appellate Court [2018] Māori Appellate Court MB 17 (2018 APPEAL 17)
31 January 2018
Appeal dismissed from a decision granting an injunction to prevent a house being built on an airstrip.
Download Faulkner v Hoete - Motiti North C No 1 (291 KB PDF). read more
Karena v Te Koau A Ahu Whenua Trust
Māori Appellate Court [2018] Māori Appellate Court MB 154 (2018 APPEAL 154)
28 March 2018
The Court dismissed an appeal from a decision where the lower Court decided a rehearing application should not be granted. The Appellate Court restated the applicable principles for rehearing applications filed out of time.
Download Karena v Te Koau A Ahu Whenua Trust when available (593 KB PDF) read more
Rudd v Hurunui - Horowhenua 11 Part Reservation
Māori Appellate Court [2018] Māori Appellate Court MB 123 (2018 APPEAL 123)
8 March 2018
Application to appeal decisions of the Māori Land Court about the operation of the Horowhenua 11 Part
Reservation Trust allowed.
Download Rudd v Hurunui - Horowhenua 11 Part Reservation (348 KB PDF) read more
Charters v Rika - Arataua 4C
Māori Appellate Court [2018] Māori Appellate Court MB 142 (2018 APPEAL 142)
7 March 2018
Application to appeal a decision appointing three trustees to the Arataua 4C Ahu Whenua Trust dismissed.
Download Charters v Rika - Arataua 4C (289 KB PDF) read more
Williams - Estate of Blewett Porou Williams
Māori Appellate Court [2018] Māori Appellate Court MB 47 (2018 APPEAL 47)
23 February 2018
Appeal allowed about a succession order determining a class of beneficiaries. The will maker's intention was to provide for his grandchildren and descendants.
Download Williams - Estate of Blewett Porou Williams (332 KB PDF) read more
Broad v Massey - Otarihau 2B1C
Māori Land Court (2018) 169 Taitokerau MB 138 (169 TTK 138)
13 March 2018
A determination that shares in a block were a gift, were not held on trust and should not be subject to a remedial constructive trust.
Download Broad v Massey - Otarihau 2B1C here (391 KB PDF).
Western Bay of Plenty District Council - Rangiuru 1A 7B 8B1 Residue
Māori Land Court (2018) 181 Waiariki MB 157 (181 WAR 157)
26 February 2018
Determination that the status of land remains Māori freehold land.
Download Western Bay of Plenty District Council - Rangiuru 1A 7B 8B1 Residue (268 KB PDF). read more
Rudd - Horowhenua 11 Part Reservation Trust
Māori Land Court (2017) 372 Aotea MB 171 (372 AOT 171)
19 July 2017
Reserved decision concerning an application for review and enforcement of obligations of trust dismissed.
Download Rudd - Horowhenua 11 Part Reservation Trust (209 KB PDF). read more
Tuson - Mangamuka West 3B2A
Māori Land Court (2018) 168 Taitokerau MB 17 (168 TTK 17)
23 February 2018
In this preliminary decision the Court granted access to Mangamuka West 3B2A on the basis that the land was landlocked. An easement was granted subject to an approved plan and compensation being settled. The orders were to lie in court for one month and finalised then if no objections received.
Download Tuson - Mangamuka West 3B2A (2.1 MB PDF).
Charteris v Rowe - Estate of David Charteris
Māori Land Court (2018) 181 Waiariki MB 108 (181 WAR 108)
21 February 2018
Application to determine beneficial entitlement dismissed. The High Court has already determined those beneficially entitled to succeed.
Download Charteris v Rowe - Estate of David Charteris (314 KB PDF). read more
Manahi v The Māori Trustee - Kapenga A5
Māori Land Court (2018) 184 Waiariki MB 168 (184 WAR 168-180)
12 April 2018
Two applications were made to the Court regarding the sale and purchase of Kapenga A5. The first application sought to restrain the sale and the second sought a recall of previous orders issued by the Court and requested a new judgment be issued to include a determination that showed the Māori Tustee had the power to execute the sale. Both applications were declined by the Court.
Download Manahi v The Māori Trustee - Kapenga A5 (304 KB PDF). read more
White v Franks - Te Komiti 1A1 Ahu Whenua Trust
Māori Land Court (2018) 167 Taitokerau MB 292 (167 TTK 292)
21 February 2018
An application to remove trustees was dismissed. An order was made to enforce trust obligations against a trustee.
Download White v Franks - Te Komiti 1A1 Ahu Whenua Trust (293 KB PDF)