Matchitt v Patchell - Torere 64 Incorporation
Māori Land Court (2019) 212 Waiariki MB 155 (212 WAR 155)
20 May 2019
Application seeking directions from the Court on meeting procedure for an upcoming annual meeting for the Torere 64 Incorporation.
Download Matchitt v Patchell - Torere 64 Incorporation (298 KB PDF). read more
Amaru v Dickinson - Puketapu 3C7B1
Māori Land Court (2019) 399 Aotea MB 202 (399 AOT 202)
29 April 2019
Application to appoint four trustees to the Puketapu 3C7B1 Reservation Trust and to remove one trustee. The Court appointed the four trustees but dismissed the application to remove one of the trustees, noting that there was insufficient evidence to warrant removal.
Download Amaru v Dickinson - Puketapu 3C7B1 (263 KB PDF). read more
Watene v Hemi - Aramiro and Section 1 Survey Office Plan 61863
Māori Land Court (2019) 181 Waikato Maniapoto MB 21 (181 WMN 21)
7 June 2019
An application to partially terminate the Phyllis May Watene Whānau Trust was dismissed. There was a lack of support for the application, insufficient evidence regarding trustees failing in their duties, and potential detriment to the Trust.
Download Watene v Hemi - Aramiro and Section 1 Survey Office Plan 61863 (422 KB PDF). read more
McLeod v McIver - Succession to Harai McIver
Māori Land Court (2019) 401 Aotea MB 58 (401 AOT 58)
11 June 2019
An application for succession to the deceased's interests in accordance with her will and a hand-written note. There was an inconsistency between the deceased's will and her written instructions regarding her shares in the Wainui No 2B Sec 1 Block. The Court considered the will to be clear and unambiguous and as such, it vested the deceased's interests in all of her children equally.
Download McLeod v McIver - Succession to Harai McIver (310 KB PDF). read more
Otimi v Fa'uhiva - Hauhungaroa 1A3
Māori Land Court (2019) 401 Aotea MB 102 (401 AOT 102)
20 June 2019
In the course of determining an application to appoint trustees, the Court considered submissions about the election process for trustees for Poukura Marae. The two primary concerns related to the integrity of the vote due to insufficient voting forms and the absence of procedures to determine whether individuals voting were beneficiaries. The Court found that the election was conducted appropriately and the court had no function in the circumstances to determine the membership of the hapū. The trustees elected from the meeting were appointed.
Download Otimi v Fa'uhiva - Hauhungaroa 1A3 (382 KB PDF). read more
Cotter v Cotter - Tutaekuri B13
Māori Land Court [2019] Chief Judge's MB 951 (2019 CJ 951)
6 September 2019
Application seeking to cancel a vesting order concerning Tutaekuri B13 declined. The Court found that the vesting of shares was clearly a gift. No constructive trust existed as the evidence did not establish there was unjust enrichment or unconscionable conduct on the part of the transferees.
Download Cotter v Cotter - Tutaekuri B13 (471 KB PDF).
Matchitt - Te Kaha 65
Māori Land Court (2019) 215 Waiariki MB 204 (215 WAR 204)
27 June 2019
Application for funding from the Court's Special Aid fund refused. Sought for counsel costs and for an expert valuer and surveyor. The case was not too distinguishable from other partition applications where a grant of special aid was not required to complete the court process.
Download Matchitt - Te Kaha 65 (299 KB PDF). read more
Brown v Robson - Pukepoto No 8B No 12
Māori Land Court (2019) 192 Taitokerau MB 177 (192 TTK 177)
27 June 2019
An application seeking a permanent injunction against the respondent to vacate Pukepoto No 8 No 12, Pukepoto 8B4B, and Pukepoto 8B4A blocks granted. The whānau trust applying had standing to exclude others from the land if consent to occupy was not granted.
Download Brown v Robson - Pukepoto No 8B No 12 (273 KB PDF). read more
McGregor v McGregor - John Henry McGregor and Pirihia Maraenui Tapine Whānau Trust
Māori Land Court (2019) 402 Aotea MB 281 (402 AOT 281)
17 July 2019
An application seeking the removal of two trustees for failing to meet their duties as responsible trustees. The Court afforded those two trustees an opportunity to resign within 10 working days.
Download McGregor v McGregor - John Henry McGregor and Pirihia Maraenui Tapine Whānau Trust (260 KB PDF). read more
Targeted amendments to Te Ture Whenua Māori Act 1993 have been proposed. The Bill's clauses address succession, dispute resolution, changes to the powers exercised by the Māori Land Court as well as extensions to the Court's ability to award housing tenure to occupiers of Māori land. read more
Decision on applications for an urgent hearing.
Waitangi Tribunal (Wai 1308, #2.56; Wai 745, #2.197)
13 Mahuru (September) 2019
A decision on an application for an urgent inquiry in relation to the Crown's actions in settlement negotiations with Te Rūnanga o Ngāti Whātua. Application declined.
Download Decision on applications for an urgent hearing (816 KB). read more
Procedure - intervenor - tikanga Māori - Ngāti Whātua Ōrākei Trust v Attorney-General [2019] NZHC 2363 - Toni Love
Judicial review - interim relief - impact of proposed settlement on mana whenua interests - Ngāti Mutunga o Wharekauri Iwi Trust v The Minister for Treaty of Waitangi Negotiations [2019] NZHC 1942 - Zoe Rose-Curnow
2019 Māori Appellate Court judgments - index
Succession - de facto partner - intestate - applicant to seek advice - Hallett - Succession to Sheryl Marie Te Moana (2019) 399 Aotea MB 138 (399 AOT 138) - Te Kooanga Awatere-Reedy
Succession - de facto partner - intestate - claim falls within High Court jurisdiction - Carmont - Estate of El-Alamein Harawira (2019) 195 Taitokerau MB 103 (195 TTK 103) - Reto Blattner de-Vries
Succession - tamaiti whāngai - declined - not integrated into whānau - Ututaonga – Estate of Maraea Ututaonga (2019) 199 Taitokerau MB 281 (199 TTK 281) - Te Kooanga Awatere-Reedy
Succession - house ownership - not owned by whānau trust - excluded from vesting - Herewini - Te Tii Mangonui A3 (2019) 192 Taitokerau MB 170 (192 TTK 170) - Reto Blattner de-Vries
Succession - whānau trust - trustee suitability - historical conviction - whānau support - Tautari - Estate of Wairuaora Hinerupe Fairburn (2019) 200 Taitokerau MB 1 (200 TTK 1) - Te Kooanga Awatere-Reedy
Trusts - trustee duties - court directions sought by responsible trustee - Hemana - Rotopounamu 1B3A2C (2019) 77 Tākitimu MB 220 (77 TKT 220) - Reto Blattner de-Vries
Trusts - trustee duties - resignation - orders removing trustees - indemnity - Witana v Tau - Omapere Taraire E (2019) 191 Taitokerau MB 1 (191 TTK 1) - Reto Blattner de-Vries
Trusts - trustee removal - trustee resignation valid once submitted - Insley - Awanui Haparapara No 4B Trust (2019) 211 Waiāriki MB 68 (211 WAR 68) - Te Kooanga Awatere-Reedy
Trusts - trustee removal - resignation instead - Vaimoso - Maurihoro B Block (2019) 185 Waikato Maniapoto MB 145 (185 WMN 145) - Te Kooanga Awatere-Reedy
Trusts - trustee removal - conflict of interest - failure to carry out duties - Bamber - Tahorakuri A No 1 Sec 33A 2 Block (2019) 218 Waiāriki MB 292 (218 WAR 292) - Te Kooanga Awatere-Reedy
Partition - declined - reasonable alternatives - impractical to partition - Kahukiwa v Ross - Waikite No 3A (2019) 217 Waiāriki MB 68 (217 WAR 68) - Reto Blattner de-Vries
Partition - declined - occupation order reasonable alternative - Angell - Part Nukuroa 2A3C2 and Lot 2 DP37299 (2019) 198 Taitokerau MB 231 (198 TTK 231) - Te Kooanga Awatere-Reedy
Easement - regularising existing situation - Committee of Management of Mangatawa Papamoa Blocks Inc - Asher Block Lot C (2019) 187 Waikato Maniapoto MB 67 (187 WMN 67) - Reto Blattner de-Vries
2019 Māori Land Court judgments - index
Waitangi Tribunal procedure - urgent inquiry declined - failure to meet criteria - alternate remedies - Decision on applications for an urgent hearing (Wai 2578, #2.5.19; Wai 2693, #2.5.11; Wai 2886, #2.5.3) - Meredith Clement
Waitangi Tribunal procedure - urgent inquiry declined - failure to meet criteria - no further developments - Ngati Rehua-Ngatiwai ki Aotea - Decision on applications for an urgent hearing (Wai 2556, #2.5.7; Wai 2576, #2.5.7) - Meredith Clement
Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019 - Carwyn Jones and Te Kooanga Awatere-Reedy
Entries are welcomed for the 2019 Sir Edward Taihakurei Durie student essay competition sponsored by the Māori Law Review. For more information and details on how the competition operates go here. Entries close at 5 p.m. on Friday 4 October 2019.
Download the Māori Law Review September 2019 (505 KB PDF)
Ngāti Whātua Ōrākei Trust v Attorney-General
High Court [2019] NZHC 2363
19 September 2019
Ngāti Kuri Trust Board and Ngāi Te Rangi Settlement Trust obtained leave (on a limited basis) to be intervenors in a proceeding brought by the Ngāti Whātua Ōrākei Trust. The case concerns whether the Crown must act in accordance with tikanga Māori in applying policy about overlapping claims in settlement negotiations.
Download Ngāti Whātua Ōrākei Trust v Attorney-General (472 KB PDF).
Ngāti Mutunga o Wharekauri Iwi Trust v The Minister for Treaty of Waitangi Negotiations
High Court [2019] NZHC 1942
9 August 2019
Unsuccessful application for interim relief by Ngāti Mutunga o Wharekauri (Ngāti Mutunga). The iwi sought a declaration that the Minister of Treaty Negotiations should not confirm a deed of settlement of historical claims between the Crown and Moriori as the proposed settlement dealt with lands over which Ngāti Mutunga claim mana whenua.
Download Ngāti Mutunga o Wharekauri Iwi Trust v The Minister for Treaty of Waitangi Negotiations (415 KB PDF).
Vaimoso - Maurihoro B Block
Māori Land Court (2019) 185 Waikato Maniapoto MB 145 (185 WMN 145)
27 August 2019
Application for removal of trustees. Before determination, the two trustees resigned without admission of liability. The Court accepted these resignations and reduced the number of trustees.
Download Vaimoso - Maurihoro B Block (384 KB PDF). read more
Tautari - Estate of Wairuaora Hinerupe Fairburn
Māori Land Court (2019) 200 Taitokerau MB 1 (200 TTK 1)
11 September 2019
Application for succession and application constituting whānau trust granted. The Court considered the suitability of one of the trustees due to a historical dishonesty conviction. The Court found that she had the necessary ability to carry out this role and that her whānau clearly supported her.
Download Tautari - Estate of Wairuaora Hinerupe Fairburn (88 KB PDF). read more
Bamber - Tahorakuri A No 1 Sec 33A 2 Block
Māori Land Court (2019) 218 Waiariki MB 292 (218 WAR 292)
3 September 2019
Two applications seeking the removal of trustees and two corresponding applications to strike out the removal applications. The Court granted one of the applications and dismissed both applications for strike out. The Court held that the applicant trustee's inability to work with the trustees was enough to be considered as a failure to carry out his duties satisfactorily. Moreover, the Court found that the trustee was in a position where there was an untenable conflict of interest due to his being a trustee of two trusts (one trust holds the assets the other trust is seeking to recover).
Download Bamber - Tahorakuri A No 1 Sec 33A 2 Block (415 KB PDF).
Insley - Awanui Haparapara No 4B Trust
Māori Land Court (2019) 211 Waiāriki MB 68 (211 WAR 68)
17 April 2019
Application to remove trustees dismissed. Letters of resignation were valid once they had been submitted to the registry or to the trustees. Accordingly, there was no need for the removal application to proceed.
Download Insley - Awanui Haparapara No 4B Trust (371 KB PDF). read more
Ututaonga – Estate of Maraea Ututaonga
Māori Land Court (2019) 199 Taitokerau MB 281 (199 TTK 281)
10 September 2019
Application to succeed to the estate of the deceased as a tamaiti whāngai declined. The Court found that the applicant was not a tamaiti whāngai.
Download Ututaonga – Estate of Maraea Ututaonga (72 KB PDF). read more
Hallett - Succession to Sheryl Marie Te Moana
Māori Land Court (2019) 399 Aotea MB 138 (399 AOT 138)
12 April 2019
Application to succeed to the deceased's estate adjourned for two months in order for the applicant to seek legal advice. Failing that, the application for succession will be granted in terms of intestacy.
Download Hallet - Succession to Sheryl Marie Te Moana (297 KB PDF). read more
Hemana - Rotopounamu 1B3A2C
Māori Land Court (2019) 77 Tākitimu MB 220 (77 TKT 220)
15 August 2019
Application for directions granted. The Court was satisfied that the approach by Mr Hemana was legitimate and in the best interests of the beneficial owners. The Court directed Mr Hemana to take the appropriate steps in gauging the views of the owners.
Download Hemana - Rotopounamu 1B3A2C (380 KB PDF). read more
Witana v Tau - Omapere Taraire E
(2019) 191 Taitokerau MB 1 (191 TTK 1)
11 June 2019
Two applications seeking trustee removal and a reimbursement order for the costs of holding a second special general meeting. The Court found that there had been a breach of trustee duty sufficient to warrant removal for one trustee but not the other. The Court found that the costs incurred from the second special general meeting should be indemnified from the trust fund. The Court removed one of the majority trustees as the only trustee of the majority who made a clear and unequivocal statement as to resignation.
Download Witana v Tau - Omapere Taraire E (535 KB PDF).
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Herewini - Te Tii Mangonui A3
Māori Land Court (2019) 192 Taitokerau MB 170 (192 TTK 170)
27 June 2019
Application sought to determine that the Rapine and Rangimarie Herewini Whānau Trust owns a house situated on Te Tii Mangonui A3. The Court determined that the house was not owned by the Whānau Trust but by the estate of Rangimarie Herewini. The interests in Te Tii Mangonui A3 were excluded from the original vesting of the deceased's interests in the Whānau Trust.
Download Herewini - Te Tii Mangonui A3 (282 KB PDF).
Carmont - Estate of El-Alamein Harawira
Māori Land Court (2019) 195 Taitokerau MB 103 (195 TTK 103)
6 August 2019
Application seeking a life interest in the deceased's estate declined; an order cannot be made where the claim falls within the jurisdiction of the High Court.
Download Carmont - Estate of El-Alamein Harawira (71 KB PDF).
Kahukiwa v Ross - Waikite No 3A
Māori Land Court (2019) 217 Waiāriki MB 68 (217 WAR 68)
6 August 2019
Application seeking a partition order to allow the whānau to utilise their share of the land and facilitate the building of their own thermal bath for whānau use. Dismissed. While there was sufficient notice and support for the application, the partition of the land was not necessary and there were more appropriate alternatives. Partition would also be highly impractical requiring partial demolition of buildings located on the land.
Download Kahukiwa v Ross - Waikite No 3A (283 KB PDF). read more