Māori Law Review

Māori Land Court (2019) 76 Tākitimu MB 54 (76 TKT 54)

7 June 2019

The applicant sought to transfer by gift, his shares in Waitangi A1A1 to his whanaunga. Application granted. The Court record confirmed that the shares in the land were transferred to the applicant via his father. The property was the sole property of the applicant and his brother. There was no reason to decline the application.

Download Reedy v Atkins - Waitangi A1A1 (362 KB PDF). read more

Māori Land Court (2019) 403 Aotea MB 276 (403 AOT 276)

29 July 2019

Application seeking a review of trust. The applicant claimed the trustees had acted imprudently over a lease of land. There was no breach of trust. The trustees acted prudently and reasonably by obtaining legal advice and obtaining a reasonable rental.

Download Jones v Ratahi - Ngātitara 26B (343 KB PDF). read more

Māori Land Court (2019) 183 Waikato Maniapoto MB 45 (183 WMN 45)

16 July 2019

An application seeking an occupation order granted with conditions.

Download Faulkner - Ohuki 1C Sec2 (277 KB PDF). read more

Māori Land Court (2019) 216 Waiariki MB 54 (216 WAR 54)

23 July 2019

Application for a rehearing of an application to create an ahu whenua trust granted. The applicant did not receive sufficient notice of the court sitting or of the meeting of owners discussing the establishment of the trust.

Download Phillips v Paul - Mangorewa Kaharoa 6E3 No 2 Papakainga 15A2A (291 KB PDF). read more

Māori Land Court (2019) 402 Aotea MB 230 (402 AOT 230)

11 July 2019

Application seeking a review of Rakato B Residue Trust and seeking removal of trustees. The applicant was dissatisfied with the response of the trustees to her request to build on the land and their general conduct as trustees. The Court confirmed the review and dismissed the application to remove the trustees, but directed an election be held within six months. While the trustees are not meeting the trust order requirements for dealing with beneficiary concerns, this can be improved through better administration.

Download Puohotaua v Cribb (399 KB PDF). read more

Māori Land Court (2019) 407 Aotea MB 47 (407 AOT 47)

23 October 2019

Application seeking an injunction in advance of determining an application about recent trustee elections and a trust's beneficiary register. Injunction refused.

Download Te Korowai Tiaki o Te Hauāuru Incorporated Society v Te Rūnanga o Ngāti Tama Trust (319 KB PDF). read more

Māori Land Court (2019) 223 Waiariki MB 182 (223 WAR 182)

13 November 2019

Application seeking removal of the trustees of a whānau trust. The Court invited the current trustees to resign, finding the trustees had failed to carry out their duties satisfactorily by allowing personal conflict to interfere with their management and they had failed to protect trust assets by not defending litigation brought against them.

Download Biddle v Biddle-Bassett - Te Atuareretahi and other blocks (159 KB PDF). read more

Decision on application for an urgent hearing

Waitangi Tribunal (Wai 2698, #2.5.10)

13 Mahuru (September) 2019

This application for an urgent inquiry into education issues was declined due to a lack of urgency.

Download Decision on application for an urgent hearing (816 KB). read more

Ngāti Whātua Ōrākei Whai Maia Ltd v Auckland Council & Panuku Development Ltd

Environment Court [2019] NZEnvC 184

14 November 2019

A consent authority can take account of the fact that mana whenua interests will be of differing degrees of connection in assessing effects and setting conditions.

Download Ngāti Whātua Ōrākei Whai Maia Ltd v Auckland Council & Panuku Development Ltd (25 MB PDF).

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Decision on application for an urgent hearing

Waitangi Tribunal (Wai 2892, #2.5.5)

23 Mahuru (September) 2019

A decision on the application for an urgent inquiry into Wai 2892, the Wairoa Deed of Settlement (Callaghan) Claim. The claim concerns the Wairoa settlement process and the alleged failure of the Crown to protect the rights and interests of Ngai Te Rātakō. Urgency declined due to the Tribunal's lack of jurisdiction and the failure of the applicant to explore alternate remedies

Download Decision on application for an urgent hearing (816 KB). read more

Te Kōti Pīra Māori – Māori Appellate Court

Costs - awarded in light of special aid - special aid different from legal aid regime - Taueki v Horowhenua 11 (Lake) Māori Reservation Trust [2019] Māori Appellate Court MB 652 (2019 APPEAL 652) - Sam Taylor

Ownership - estate assets - house a fixture - rehearing ordered - Tihi v Nuku - Ruatoki B Sections 23, 25, 26B, 27, 31, 32, 33B2C2, 38 and 79 and Ruatoki C Sections 11, 12, 15, 17, 18B2, 21, 22B, 23 [2019] Māori Appellate Court MB 531 (2019 APPEAL 531) - Te Kooanga Awatere-Reedy

Procedure - resolution by consent - conditional partition order - matter referred back on technical issues - Clark v Trustees of Opehuia Whānau trust - Kapenga A No 5 [2019] Māori Appellate Court MB 361 (2019 APPEAL 361) - Reto Blattner de-Vries

2019 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Injunction - no jurisdiction - general land - no trust - Kidwell v Karaitana - Waipuka 3A3A (2019) 78 Tākitimu MB 7 (78 TKT 7) - Craig Linkhorn

Injunction - permanent injunction granted - trespass - Brown v Robson - Pukepoto No 8B No 12 (2019) 192 Taitokerau MB 177 (192 TTK 177) - Sam Taylor

Procedure - strike out - restraint on meritless proceedings premature - Karena v Steedman - Te Koau A (2019) 76 Tākitimu MB 183 (76 TKT 183) - Sam Taylor

Chief Judge's powers - amendment of succession and whānau trust order - error of fact - Phillips - Estate of Edith Iritana Phillips [2019] Chief Judge’s MB 981 (CJ MB 981) - Te Kooanga Awatere-Reedy

Chief Judge's powers - clear and unambiguous statement to gift - no constructive trust - Cotter v Cotter - Tutaekuri B13 [2019] Chief Judge's MB 951 (2019 CJ 951) - Reto Blattner de-Vries

Chief Judge's powers - occupation order amended - Johanson v Williams - Tokaipuritia Williams [2019] Chief Judge's MB 995 (2019 CJ 995) - Reto Blattner de-Vries

Special aid fund - refused - need for valuation and surveyor not "special" in partition application - Matchitt - Te Kaha 65 (2019) 215 Waiariki MB 204 (215 WAR 204) - Sam Taylor

Alienation - sale to close whānau - no opposition - Williams - Matapouri 45 Block (2019) 199 Taitokerau MB 286 (199 TTK 286) - Te Kooanga Awatere-Reedy

Alienation - share transfer - capacity - Nikora - 1 D2 Parish (2019) 185 Waikato Maniapoto MB 129 (185 WMN 129) - Reto Blattner de-Vries

Partition - refused - reasonable alternative available - shareholding insufficient for area sought - Takotohiwi - Rangitaiki Parish 28B 18A 1 (2019) 212 Waiariki MB 142 (212 WAR 142) - Sam Taylor

Partition - granted - sufficient notice - high degree of support - best overall use and development - independence - Bloor v Griggs - Ngapuketurua 6C2B Te Maipi 7C No 7C and Te Maipi 7C No 2 Blocks (2019) 80 Takitimu MB 152 (80 TKT 152) - Sam Taylor

Succession - rehearing declined - on-going applications - Hutana - Estate of Te Whe Ariki Hutana (2019) 58 Te Waipounamu MB 78 (58 TWP 78) - Te Kooanga Awatere-Reedy

Succession - inconsistency between will and written instructions - will clear - interests vested equally - McLeod v McIver - Succession to Harai McIver (2019) 401 Aotea MB 58 (401 AOT 58) - Sam Taylor

Trusts - removal of trustee - vote of no confidence insufficient - Amaru v Dickinson - Puketapu 3C7B1 (2019) 399 Aotea MB 202 (399 AOT 202) - Sam Taylor

Trusts - trustee removal - resignation - McGregor v McGregor - John Henry McGregor and Pirihia Maraenui Tapine Whānau Trust (2019) 402 Aotea MB 281 (402 AOT 281) - Sam Taylor

Trusts - whānau trust - partial termination dismissed - lack of support - detriment - no evidence of trustee breach - Watene v Hemi - Aramiro and Section 1 Survey Office Plan 61863 (2019) 181 Waikato Maniapoto MB 21 (181 WMN 21) - Sam Taylor

Incorporations - meeting procedure - postponed - proxies - nominations - Matchitt v Patchell - Torere 64 Incorporation (2019) 212 Waiariki MB 155 (212 WAR 155) - Sam Taylor

Māori Reservations - trustee appointment - election process criticised - Otimi v Fa'uhiva - Hauhungaroa 1A3 (2019) 401 Aotea MB 102 (401 AOT 102) - Sam Taylor

2019 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Māori rights in water - stage two of the National Freshwater and Geothermal Resources Claim (Wai 2358, 2019) - Toni Love

Waitangi Tribunal procedure - urgent inquiry declined - alternate remedies - ambiguity in representation - Ngāti Whātua Deed of Settlement (Wai 1308, #2.56; Wai 745, #2.197) - Meredith Clement

Ngā Whakaturetanga - Legislation

Te Ture Whenua Māori (Succession, Dispute Resolution, and Related Matters) Amendment Bill - introduction - Craig Linkhorn

Print version

Download the Māori Law Review October 2019 (477 KB PDF)

Student Editor 2020

We are recruiting for our student editor role in 2020. Applications close on 22 November 2019. Go here for details.

Sir Edward Taihakurei Durie student essay competition 2019

Rhianna Morar is the winner of the 2019 Sir Edward Taihakurei Durie student essay competition sponsored by the Māori Law Review. Her essay, about the Courts' interpretative approach to tikanga Māori will be published in the February 2020 issue of the Review.

Māori Appellate Court [2019] Māori Appellate Court MB 652 (2019 APPEAL 652)

29 October 2019

A judgment determining whether costs should be awarded to the Second Respondent given that the Appellant was in receipt of special aid. The exceptional circumstances test laid out in section 45 of the Legal Services Act 2011 does not apply where the unsuccessful party is in receipt of Māori Land Court special aid.

Download Taueki v Horowhenua 11 (Lake) Māori Reservation Trust (296 KB PDF). read more

Māori Appellate Court [2019] Māori Appellate Court MB 531 (2019 APPEAL 531)

26 September 2019

Appeal from an order determining ownership of a house. The Court quashed the lower court's order and ordered a rehearing. The executors had no rights at law to sell the house to meet the debt incurred by one of the executors.

Download Tihi v Nuku - Ruatoki B Sections 23, 25, 26B, 27, 31, 32, 33B2C2, 38 and 79 and Ruatoki C Sections 11, 12, 15, 17, 18B2, 21, 22B, 23 (229 KB PDF). read more

Māori Land Court (2019) 76 Tākitimu MB 183 (76 TKT 183)

21 June 2019

Strike out granted in response to an application seeking review of trust and trustee removal. However, the trustees' application seeking restraint orders for meritless litigation were refused as premature.

Download Karena v Steedman - Te Koau A (484 KB PDF). read more

Clark v Trustees of Opehuia Whānau trust - Kapenga A No 5

[2019] Māori Appellate Court MB 361 (2019 APPEAL 361)

19 July 2019

The Court issued a preliminary partition order after it was satisfied that the parties had reached an appropriate compromise. The matter was referred back to the Māori Land Court to undertake matters relating to the partition order.

Download Clark v Trustees of Opehuia Whānau trust - Kapenga A No 5 (209 KB PDF).

read more

Kidwell v Karaitana - Waipuka 3A3A 

Māori Land Court (2019) 78 Tākitimu MB 7 (78 TKT 7)

30 August 2019

Application seeking an injunction to remove occupiers of land. Application dismissed for lack of jurisdiction. An injunction was not available in the circumstances. The land was not administered by trustees so the issues were not covered by Part 12 of Te Ture Whenua Māori Act 1993.

Download Kidwell v Karaitana - Waipuka 3A3A (272 KB PDF).

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Māori Land Court (2019) 185 Waikato Maniapoto MB 129 (185 WMN 129)

24 September 2019

Application for an order to vest a transfer of shares dismissed. The Court found that the applicant did not have the mental capacity to agree to a transfer of shares to her son or, alternatively, she no longer consented to such a transfer.

Download Nikora - 1 D2 Parish (465 KB PDF) read more

Takotohiwi - Rangitaiki Parish 28B 18A 1

Māori Land Court (2019) 212 Waiariki MB 142 (212 WAR 142)

20 May 2019

Application for partition dismissed. The applicant sought to partition whānau trust shares from the Rangitaiki Parish 28B 18A 1 & Rangitaiki 29S 2B 2B 3F1 (Aggregated) block. Despite the applicant having the support of the beneficiaries and of the trustees of the ahu whenua trust that administers the Block, a partition was not necessary as there were reasonable alternatives available.

Download Takotohiwi - Rangitaiki Parish 28B 18A 1(290 KB PDF). read more

Māori Land Court (2019) 199 Taitokerau MB 286 (199 TTK 286)

10 September 2019

Two applications seeking to vest interests by way of sale granted. The Court found that there was no opposition to the proposed transfer, written consents had been provided by the adult children of one of the owners, and the land was being transferred to close whānau.

Download Williams - Matapouri 45 Block (257 KB PDF). read more

Māori Land Court (2019) 188 Waikato Maniapoto MB 142 (188 WMN 142)

15 October 2019

Application seeking a permanent injunction for the removal of a gate and to prevent any party from blocking the use of a roadway adjourned. The Court required further evidence.

Download Donaldson - Whaanga 1D 1D Roadway (959 KB PDF). read more

Māori Land Court [2019] Chief Judge's MB 995 (2019 CJ 995)

13 September 2019

Application seeking review or cancellation of orders granting an occupation order granted in part.  While there was an error in the Court record regarding the occupation order, there was no error regarding the vesting orders.

Download Johanson v Williams - Tokaipuritia Williams (538 KB PDF). read more

The Stage 2 Report on the National Freshwater and Geothermal Resources Claim

Waitangi Tribunal (Wai 2358, 27 August 2019, pre-publication version)

The Waitangi Tribunal has released its report on the second stage of its inquiry into claims about national freshwater and geothermal resources.

Download The Stage 2 Report on the National Freshwater and Geothermal Resources Claim (5.04 MB PDF). read more

Māori Land Court (2019) 58 Te Waipounamu MB 78 (58 TWP 78)

23 August 2019

Application for rehearing declined. The Court found that a number of the issues raised by the applicant were part of on-going applications before the Court. Other issues concerned the merits of the decision and therefore should be dealt with on appeal.

Download Hutana - Estate of Te Whe Ariki Hutana (94 KB PDF) read more

Māori Land Court [2019] Chief Judge’s MB 981 (2019 CJ 981)

12 September 2019

Application to amend a succession and whānau trust order granted. The Court found that there was an error of fact concerning mental capacity and resulting competency to sign a deed of arrangement.

Download Phillips - Estate of Edith Iritana Phillips (335 KB PDF) read more

Māori Land Court (2019) 80 Takitimu MB 152 (80 TKT 152)

30 October 2019

An oral decision granting, with conditions, an application to partition land.

Download Bloor v Griggs - Ngapuketurua 6C2B Te Maipi 7C No 7C and Te Maipi 7C No 2 Blocks (162 KB PDF). read more