Māori Law Review

Māori Land Court (2019) 57 Te Waipounamu MB 27 (57 TWP 27)

1 July 2019

Application seeking an injunction to restrain the sole administrator's powers in relation to the estate's accounts granted. The Court found that the balance of convenience and overall justice favoured the granting of an interim injunction. The administrator of the estate is prohibited from dealing with the estate property and is restrained from making any distributions.

Download Hutana - Estate of Te Whe Ariki Hutana (319 KB PDF). read more

Te Kōti Matua – High Court

Judicial review - appointment of Waitangi Tribunal members to an inquiry - Mutu v Chairperson of the Waitangi Tribunal [2019] NZHC 647 - Anna Dawson

Procedure - leave to appeal out of time refused - Ngāti Pāoa representation issue - SKP Incorporated v Auckland Council [2019] NZHC 900 - Te Kooanga Awatere-Reedy

Procedure - fixture - adjournment refused - Te Ara Rangatū O Te Iwi O Ngāti Te Ata Waiohua Incorporated v The Attorney-General [2019] NZHC 1205 - Zoe Rose-Curnow

Te Kōti Pīra Māori – Māori Appellate Court

Jurisdiction - General land owned by Māori - supervision of post-settlement land trusts - Moke v Ngāti Tarāwhai Iwi Trust [2019] Māori Appellate Court MB 265 (2019 APPEAL 265) - Craig Linkhorn; comment on Moke v Ngāti Tarāwhai Iwi Trust - Tom Bennion

Trusts - breach of natural justice - conflict of interest - trustee removal - Pook v Matchitt - Matangareka 3B [2019] Māori Appellate Court MB 167 (2019 APPEAL 167) - Reto Blattner de-Vries

2019 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Injunctions - mandatory interim injunction - rights adversely affected - Myoak Holdings Ltd v Te Huia – Waipuka 2T Roadway (2019) 75 Tākitimu MB 90 (75 TKT 90) - Te Kooanga Awatere-Reedy

Trusts - whānau trust - partial termination refused - no trustee consent -Eru - Awanui Haparapara 9 Block (2019) 211 Waiariki MB 103 (211 WAR 103) - Te Kooanga Awatere-Reedy

Trusts - trustee removal - trustee appointments - Cameron – Lot 1 Deposited Plan 15331 (part Claim 61) (2019) 54 Te Waipounamu MB 130 (54 TWP 130) - Te Kooanga Awatere-Reedy

Trusts - variation - trustee replacement - Nepia - Ruaohinetu 21 (2019) 84 Tairawhiti MB 283 (84 TRW 283) - - Reto Blattner de-Vries

Māori Reservations - trustee appointment - marae area - further evidence required - marae charter - Raukawa v Lux - Opape 3A No 1E (2019) 210 Waiāriki MB 114 (210 WAR 114) - Reto Blattner de-Vries

Māori Reservations - failure to protect funds - no relief from trustee liability - recipient liability - Tata v Katipa - Waiwhakaata 3E4C Lot 2A (2018) 170 Waikato Maniapoto MB 123 (170 WMN 123) - Reto Blattner de-Vries

Succession - adoption - whāngai able to succeed - insufficient consents to support family arrangement - Riley - Estate of Matekino Raikuku (2019) 186 Taitokerau MB 285 (186 TTK 285) - Reto Blattner de-Vries

2019 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims Part III (Wai 898, 2019)

Waitangi Tribunal procedure - urgent inquiry declined - local government electoral law - claim not ready to proceed - Decision of the Deputy Chairperson on application for an urgent hearing (Wai 2880, #2.5.4) - Meredith Clement

Pūnaha whakawā – Criminal justice

He Waka Roimata - Te Uepū Hāpai i te Ora (the Safe and Effective Justice advisory group) - Craig Linkhorn with Anna Dawson

Print version

Download the Māori Law Review June 2019 (494 KB PDF)

Mutu v Chairperson of the Waitangi Tribunal

High Court [2019] NZHC 647

1 April 2019

The High Court dismissed an application seeking judicial review of decisions by a panel of the Waitangi Tribunal and by the Chairperson of the Tribunal about the status of the Tribunal's further inquiry into remedies recommendations sought on behalf of Ngāti Kahu.

Download Mutu and Renata v Chairperson of the Waitangi Tribunal (462KB PDF). read more

High Court [2019] NZHC 1205

30 May 2019

The plaintiffs applied to adjourn the allocated hearing of their case. The Court refused to adjourn the hearing. There had already been a number of delays. The planned fixture would go ahead.

Download Te Ara Rangatū O Te Iwi O Ngāti Te Ata Waiohua Incorporated v The Attorney-General (610 KB PDF).

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Moke v Ngāti Tarāwhai Iwi Trust 

Māori Appellate Court [2019] Māori Appellate Court MB 265 (2019 APPEAL 265)

25 June 2019

The Māori Appellate Court has ruled that the Māori Land Court has concurrent jurisdiction with the High Court to determine disputes involving trusts over General land owned by Māori. The context involved a dispute with trustees who held land as a result of a settlement of historical claims under the Treaty of Waitangi. The lower Court had ruled it had no jurisdiction to determine the dispute. The Appellate Court reversed this and reinstated the proceeding.

Alongside the case note below, Māori Law Review consultant editor Tom Bennion discusses the significance of this decision here.

Download Moke v Ngāti Tarāwhai Iwi Trust (334 KB PDF). read more

Moke v Ngāti Tarāwhai Iwi Trust 

Māori Appellate Court [2019] Māori Appellate Court MB 265 (2019 APPEAL 265)

25 June 2019

The Māori Appellate Court has ruled that the Māori Land Court has concurrent jurisdiction with the High Court to determine disputes involving trusts over General land owned by Māori. We have reported the decision here. Māori Law Review consultant editor Tom Bennion discusses the implications of this decision. read more

SKP Incorporated v Auckland Council

High Court [2019] NZHC 900

24 April 2019

Application seeking to extend time for the filing of an appeal against a decision of the Environment Court dismissed. A representation issue was involved. The more appropriate route was to seek a rehearing before the Environment Court.

Download SKP Incorporated v Auckland Council (495 KB PDF).

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He Waka Roimata - transforming our criminal justice system

Te Uepū Hāpai i te Ora

9 June 2019

Te Uepū Hāpai i te Ora, the Safe and Effective Justice advisory group, has released its first report entitled He Waka Roimata (a vessel of tears). The report reflects submissions the group received on the criminal justice system in Aotearoa.

Download He Waka Roimata (5.4 MB, PDF). read more

Pook v Matchitt - Matangareka 3B

Māori Appellate Court [2019] Māori Appellate Court MB 167 (2019 APPEAL 167)

12 April 2019

The Court decided two related appeals from lower Court decisions removing trustees and ordering repayment of amounts received in breach of trust. The first appeal was allowed. The lower Court erred in finding that the first appellant was not entitled to relief and that she was deserving of removal. The second appeal was dismissed. The second appellants had clearly breached their trustee duties. They should have known that their participation in decisions benefiting each other (siblings) was a conflict.

Download Pook v Matchitt - Matangareka 3B (671 KB PDF).

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Myoak Holdings Ltd v Te Huia – Waipuka 2T Roadway

Māori Land Court (2019) 75 Tākitimu MB 90 (75 TKT 90)

10 April 2019

Application seeking an injunction granted. The measures adopted by the respondents adversely affected the rights of the applicant and other users.

Download Myoak Holdings Ltd v Te Huia – Waipuka 2T Roadway (315 KB PDF)

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Raukawa v Lux - Opape 3A No 1E

Maori Land Court (2019) 210 Waiāriki MB 114 (210 WAR 114)

11 April 2019

Application seeking appointment of nominees elected following a meeting of the beneficiaries. The notice of the general meeting was sufficient as it was clear that there was going to be an election of trustees and a discussion of the redefinition of beneficiaries. Decision adjourned for further evidence to be provided on the trustees suitability for appointment and on the proposal to consolidate the marae area.

Download Raukawa v Lux - Opape 3A No 1E (406 KB PDF).

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Cameron – Lot 1 Deposited Plan 15331 (part Claim 61)

Māori Land Court (2019) 54 Te Waipounamu MB 130 (54 TWP 130)

15 April 2019

Applications to remove and replace trustees granted, application for appointment of trustees dismissed. The election and voting process from the 2017 AGM was not in accordance with the trust order and the Court declined to appoint the elected trustees.

Download Cameron – Lot 1 Deposited Plan 15331 (part Claim 61) (318 KB PDF)

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Māori Land Court (2019) 211 Waiariki MB 103 (211 WAR 103)

30 April 2019

Application seeking partial termination of a whānau trust refused.  The applicants sought a shareholding in the block so that they could apply for an occupation order. The Court found that there was no benefit to granting the order as the trustees of the whānau trust and the governing ahu whenua trust over the block declined to support applications for an occupation order.

Download - Eru - Awanui Haparapara 9 Block (290 KB PDF) read more

Tata v Katipa - Waiwhakaata 3E4C Lot 2A

Māori Land Court (2018) 170 Waikato Maniapoto MB 123 (170 WMN 123)

19 October 2018

The Court determined an application to enforce trustee obligations and an application to appoint nominees as trustees. The Court found that there had been a breach of trustee duty, along with a lack of cohesion, process and accountability. Trustees in office at the relevant time were jointly and severally liable for the breach of trustee duties. Another person was liable to repay funds (recipient liability). The trustee nominees who were found liable were not appointed as trustees.

Download Tata v Katipa - Waiwhakaata 3E4C Lot 2A (692 KB PDF).  read more

Riley - Estate of Matekino Raikuku

Maori Land Court (2019) 186 Taitokerau MB 285 (186 TTK 285)

23 April 2019

A succession application could not be determined by a proposed family arrangement because relevant consents were not obtained. Further, only those not formally adopted out (legally adopted) could succeed to the deceased's Māori land interests as their links to the deceased had not been severed at law.

Download Riley - Estate of Matekino Raikuku (306 KB PDF).

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Waitangi Tribunal (Wai 898, 2019)

The Waitangi Tribunal has released the third part of its report on Te Rohe Pōtae Claims in pre-publication format. This forms part of the final report on the district inquiry into Te Rohe Pōtae (The King Country). Parts 1 and 2 focus on; The Treaty of Waitangi, Old Land Claims, Crown Purchasing, War and Confiscation, Aukati, Te Putake o te Ohaki Tapu, Main Trunk Railway, Native Land Court (1886-1907), Crown Purchasing (1890-1905). Part 3 addresses claims about land policy and legislation after 1900.

See also Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims Part I  and Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims Part II.

Download Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims Part III – Pre-publication version (4 MB PDF). read more

Nepia - Ruaohinetu 21

Māori Land Court (2019) 84 Tairawhiti MB 283 (84 TRW 283)

24 April 2019

Application seeking to vary the terms of the ahu whenua trust granted in part. Application seeking to replace trustees granted.

Download Nepia - Ruaohinetu 21 (226 KB PDF).

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Decision of the Deputy Chairperson on application for an urgent hearing

Waitangi Tribunal (Wai 2880, #2.5.4)

18 June 2019

An application for an urgent inquiry into local government electoral law settings was declined. The claim was not ready to proceed urgently. There is an upcoming kaupapa inquiry into claims about electoral law.

Request Decision of the Deputy Chairperson on application for an urgent hearing. read more

Te Kōti Matua – High Court

Declaratory judgments - fiduciary relationship and constructive trust alleged - refused - earlier judgments conclusive - Winitana v Attorney-General [2019] NZHC 380 - Toni Love

Injunction - failure to comply - arrest orders delayed - Māori Trustee v Smith [2019] NZHC 322 - Toni Love

Injunction - enforcement - arrest orders deferred - Police involvement - Māori Trustee v Smith [2019] NZHC 1022 - Toni Love

Injunction - stay of enforcement refused - issues addressed previously - Māori Trustee v Smith [2019] NZHC 1122 - Toni Love

Injunction - refused - arrest orders delayed further - enforcement - Court Sheriff - Māori Trustee v Smith [2019] NZHC 1220 - Toni Love

Procedure - strike out application dismissed - Paul v New Zealand Māori Council [2019] NZHC 784 - Toni Love

Lawyers - disqualification from acting - solicitor unable to discharge duty to both parties or to the court - Mitchell & Ors v Mitchell [2018] NZHC 2665 - Toni Love

Te Kōti Pīra Māori – Māori Appellate Court

Injunction - refused - Ngakoti v Department of Conservation - Ngaiotonga A3 [2019] Māori Appellate Court MB 213 (2019 APPEAL 213) - Te Kooanga Awatere-Reed

Trusts - trustee removal - process invalid - Smith v Smith - Nuki o Te Hapū Tahawai ki Rataroa Whānau Trust [2019] Māori Appellate Court MB 110 (2019 APPEAL 110) - Reto Blattner de-Vries

2019 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Chief Judge's powers - succession - cancellation declined - not erroneous - Noble - Estate of Rameka Korewha Ngamanu (2019) Chief Judge's MB 132 (2019 CJ 132) - Reto Blattner de-Vries

Chief Judge's powers - succession order cancelled - previous lawful order - Brown - Motatau 2 Section 23A1B [2019] Chief Judge's MB 311 (2019 CJ 311) - Reto Blattner de-Vries

Chief Judge's powers - vesting order amended - erroneous joint tenancy - Deputy Registrar – Lot 1 DP 150873 Part Waikoukou No 406 [2019] Chief Judge’s MB 264 (2019 CJ 264) - Te Kooanga Awatere-Reedy

Chief Judge's powers - vesting - insufficient evidence to cancel order - Rudolph - Paihia 2F2B2 [2019] Chief Judge's MB 327 (2019 CJ 327) - Reto Blattner de-Vries

Chief Judge's powers - succession - amendment granted - administrative error - Knight - Estate of Rewiti Te Rakaherea (2019) Chief Judge's MB 74 (2019 CJ 74) - Reto Blattner de-Vries

Chief Judge's powers - succession order - grounds not set out - Smallman - Te Rangi Kaiamokura (2019) Chief Judge's MB 66 (2019 CJ 66) - Te Kooanga Awatere-Reedy

Chief Judge's powers - vesting order - agreed price paid - Wharehinga v Henry – Rangatira A No 96 [2019] Chief Judge’s MB 15 (2019 CJ 15) - Te Kooanga Awatere-Reedy

Succession - gift and not trust under will - beneficiary not whāngai - partial succession to hapū land interests - Vincent v Kennedy - Estate of Carol Fleet (2019) 185 Taitokerau MB 148 (185 TTK 148) - Te Kooanga Awatere-Reedy

Trusts - trustee appointment - flaw in process but not erroneous - Tanerau-King - Mangamaunu 1A Part Section 19 (2019) 53 Te Waipounamu MB 220 (53 TWP 220) - Reto Blattner de-Vries

Trusts - trustee removal declined - trustee duties - Kauika-Stevens v Tawake - Rangitatau 1D5A1 Reserve (Tākirau Marae) (2019) 396 Aotea MB 215 (396 AOT 215) - Reto Blattner de-Vries

Trusts - relief from personal liability - good faith actions - replacement trustees appointed - Broadman - Waimarama 3A 4B Sec 5 (2019) 75 Tākitimu MB 83 (75 TKT 83) - Reto Blattner de-Vries

Trusts - ahu whenua trust over multiple Māori reservation blocks - Luke v Grey - Wairau Block XII Sections A1 & F and Block XII Cloudy Bay Survey District Sections 20, 22 & 24 (2019) 53 Te Waipounamu MB 187 (53 TWP 187) - Mihiata Pirini

Occupation order - refused - lack of trustee consent - Insley v Insley - Awapuni Haraparapara No 2B No 1B Section 2 (2018) 202 Waiariki MB 187 (20 WAR 187) - Carolyn Southey-Jensen

2019 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Waitangi Tribunal procedure - application for urgent hearing refused - no short term solution - Decision on application for urgent hearing - The Alcohol Healthcare Claim (Wai 2624, #2.5.3) - Meredith Clement

Ngā Whakahaere Rauemi - Resource Management

Māori interests in natural resource management - 2018 in review - Ana Coculescu and Chelsea Easter

Print version

Download the Māori Law Review May 2019 (499 KB PDF)

Māori Land Court (2019) 75 Tākitimu MB 83 (75 TKT 83)

10 April 2019

The Court granted relief from personal liability after unauthorised payments of trustee fees and payments to beneficial owners. Replacement trustees were appointed.

Download Broadman - Waimarama 3A 4B Sec 5 (294 KB PDF). read more

1 May 2019

Appeal dismissed from a decision refusing an injunction to prevent a drop of 1080 poison on the Ngaiotonga A3 block.

Download - Ngakoti v Department of Conservation - Ngaiotonga A3 (222 KB PDF). read more

Mitchell & Ors v Mitchell

High Court [2018] NZHC 2665

19 October 2018

Application granted to restrain a lawyer and his law firm from acting as counsel in a case. The lawyer could not discharge his duties to his former and present clients, or to the court.

Download Mitchell & Ors v Mitchell (461 KB PDF).

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Smith v Smith - Nuki o Te Hapū Tahawai ki Rataroa Whānau Trust

Māori Appellate Court [2019] Māori Appellate Court MB 110 (2019 APPEAL 110)

26 March 2019

Successful appeal from decisions to replace the trustees of Ngā Uri o Ngāti Pakahi Trust and the Nuki o Te Hapū Tahawai ki Rataroa Whānau Trust.

Download Smith v Smith - Nuki o Te Hapū Tahawai ki Rataroa Whānau Trust (332 KB PDF).

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Paul v New Zealand Māori Council

High Court [2019] NZHC 784

11 April 2019

Application to strike out proceedings dismissed. The case seeks clarification of provisions in the Maori Community Development Act 1962 and associated regulations.

Download Paul v New Zealand Māori Council (362 KB PDF)

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Winitana v Attorney-General

High Court [2019] NZHC 380

8 March 2019

This proceeding sought declarations that continuing fiduciary obligations are owed to the former group of owners of Lake Waikaremoana, and that a constructive trust should be recognised over rental income received for a lease of the lake. These declarations were refused. There are conclusive judgments of the Māori Land Court on the issues already and the Lake Waikaremoana Act 1971 does not support the contentions advanced.

Download Winitana v Attorney-General (526 KB PDF). read more