2018 – Page 8 – Māori Law Review

Roadway – variation – reversion to earlier order – Eruera

Eruera - Kōkōhinau Block

Māori Land Court (2018) 179 Waiariki MB 249 (179 WAR 249)

12 February 2018

Variation of a roadway order granted.

Download Eruera - Kōkohinau Block (266 KB PDF).

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Trusts - conflict of interest - contracts rescinded - Matchitt v Butler - Mangatareka 3B (2017) 177 Waiariki MB 170 (177 WAR 170) - Toni Love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)

Injunction – dismissed – beneficial interest – Mitchell

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

Trusts – trustee – liability for amounts received in breach – ineligibility for reappointment – Rātima

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

Trusts – conflict of interest – contracts rescinded – Matchitt

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

Rehearing – succession orders remain – no whakapapa link – Kerehoma

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

Māori Reservation – recommendation – urupā – Maori Trustee

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

Appeal – granted – no notice – Reihana

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

Māori interests in natural resource management: 2017 in review

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

Trusts – review of trust, enforcement of trustee obligations, removal of trustees – Broadman

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

Trusts – trustee removal – ineligibility period – Ratima

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).

Supreme Court – Te Kōti Mana Nui

Habeas corpus - sovereignty claim - no prospect of success - Te Tangata Whenua (Warren) v Chief Executive of Dept of Corrections [2017] NZSC 189 - Meredith Clement

Court of Appeal – Te Kōti Pīra

Judicial review - appeal dismissed - use of conservation land - decision gave effect to Treaty principles - Ngāi Tai ki Tāmaki Tribal Trust v Minister of Conservation [2017] NZCA 613 - James Watson

High Court – Te Kōti Matua

Trespass - appeal - defence of honest belief unavailable - Crockenberg v New Zealand Police [2017] NZHC 2704 - Toni Love

Māori Appellate Court – Te Kōti Pīra Māori

2017 Māori Appellate Court Judgments - index

Māori Land Court - Te Kōti Whenua Māori

Trusts - recovery of rental income - Nicholls v Nicholls - Koromatua 3A (2017) 154 Waikato-Maniapoto MB 128 (154 WMN 128) - Toni Love

Trusts - trustee removal - enforcement of obligations of trust - Tamaki - Paremata Mokau A7A1 (Mokau Marae) (2017) 163 Taitokerau MB 256 (163 TTK 256) - Toni Love

Costs - no award - no successful party - Dennett v Te Tumu Paeroa - Rotohokahoka D North 2A (2017) 178 Waiariki MB 24 (178 WAR 24) - Toni Love

2018 Māori Land Court judgments - index

2017 Māori Land Court Judgments - index

Sir Edward Taihakurei Durie student essay competition 2017

Durability of the Treaty settlement process: Ngāti Whātua, tikanga, and overlapping claims - Cate Barnett

Print version

Download the Māori Law Review February 2018 (444 KB PDF)

Habeas corpus – sovereignty claim – no prospect of success – Te Tangata Whenua (Warren)

Te Tangata Whenua (Warren) v Chief Executive of Dept of Corrections

New Zealand Supreme Court [2017] NZSC 189; BC201762670

13 December 2017

The Supreme Court dismissed an attempt to appeal a habeas corpus decision of the High Court.

Download Te Tangata Whenua (Warren) v Chief Executive of Dept of Corrections ( KB PDF). read more

Costs – no award – no successful party – Dennett

Dennett v Te Tumu Paeroa - Rotohokahoka D North 2A

Māori Land Court (2017) 178 Waiariki MB 24 (178 WAR 24)

21 December 2017

Application for for an award of costs dismissed.

Download Dennett v Te Tumu Paeroa - Rotohokahoka D North 2A (283 KB PDF).

Trusts – recovery of rental income – Nicholls

Nicholls v Nicholls - Koromatua 3A

Māori Land Court (2017) 154 Waikato-Maniapoto MB 128 (154 WMN 128)

21 December 2017

Application for recovery of rental income granted.

Download Nicholls v Nicholls - Koromatua 3A (418 KB PDF).

2018 Māori Land Court judgments – index

This table lists the 2018 judgments of the Māori Land Court and contains links to reports about the decisions.

For other years: 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2019, 2020, 2021, 2022, 2023. For the 2018 Māori Appellate Court judgments index. read more

Trusts – trustee removal – enforcement of obligations of trust – Tamaki

Tamaki - Paremata Mokau A7A1 (Mokau Marae)

Māori Land Court (2017) 163 Taitokerau MB 256 (163 TTK 256)

12 December 2017

Trustees should not be removed, obligations of trust should be enforced, and an election to vote for Marae trustees is not required.

Download Tamaki - Paremata Mokau A7A1 (Mokau Marae) (268 KB PDF). read more

2018 Māori Appellate Court judgments – index

This table lists the 2018 judgments of the Māori Appellate Court and contains links to reports about the decisions.

For other years: 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2019, 2020, 2021, 2022, 2023. For the 2018 Māori Land Court judgments index.

Sir Edward Taihakurei Durie student essay competition 2017 – durability of the Treaty settlement process: Ngāti Whātua, tikanga, and overlapping claims

Sir Edward Taihakurei Durie student essay competition 2017

The Durability of the Treaty Settlement Process: Ngāti Whātua, Tikanga, and the Overlapping Claims Policy

Cate Barnett

Court of Appeal – Te Kōti Pīra

High Court – Te Kōti Matua

Trespass - appeal - defence of honest belief unavailable - Crockenberg v New Zealand Police [2017] NZHC 2704 - Toni Love

Land valuation - appeal - decision quashed - Ngāti Whakaue Education Endowment Trust Board v Rotorua District Lakes Council [2017] NZHC 60 - Toni Love

Māori Appellate Court – Te Kōti Pīra Māori

2017 Māori Appellate Court Judgments - index

Māori Land Court - Te Kōti Whenua Māori

Injunctions - attempt to halt Treaty settlement refused - Maruera v Te Rūnanga o Ngāti Maru (Taranaki) Trust (2017) 378 Aotea MB 118 (378 AOT 118) - Toni Love

Alienation - no lease created - no vacant possession - Timoti v Te Are – Torere 33 (2017) 171 Waiariki MB 83 (171 WAR 83) - Anna Dawson

Trusts - appointment of trustees - Pacey v Barns - Matata Parish 39A 2B 2B 2A (2017) 178 Waiariki MB 32 (178 WAR 32) - Toni Love

2017 Māori Land Court Judgments - index

Judicial review – appeal dismissed – use of conservation land – decision gave effect to Treaty principles – Ngāi Tai Ki Tamaki Tribal Trust

Ngāi Tai ki Tāmaki Tribal Trust v Minister of Conservation

Court of Appeal [2017] NZCA 613

19 December 2017

This case was an unsuccessful appeal from a High Court decision refusing to set aside a decision on behalf of the Minister of Conservation to grant concessions to operate ferry and touring services on Rangitoto and Motutapu islands.

Download Ngāi Tai ki Tāmaki Tribal Trust v Minister of Conservation (469 KB PDF).