Māori Trustee v Smith
High Court [2019] NZHC 1220
27 May 2019
Application for an injunction to prevent Māori Trustee regaining possession of property refused. Continuing litigation in context of earlier enforcement orders and injunction against occupier. Arrest orders further delayed to allow orderly exit from the property.
Download Māori Trustee v Smith (490 KB PDF).
Brown - Motatau 2 Section 23A1B
Māori Land Court [2019] Chief Judge's MB 311 (2019 CJ 311)
23 April 2019
Application granted to cancel an order made in 2006 determining the ownership of a dwelling built on Motatau 2 Section 23A1B. The Māori Land Court did not have the jurisdiction to make the 2006 order because a lawful order determining the ownership of the dwelling had already been made in 1985.
Download Brown - Motatau 2 Section 23A1B (339 KB PDF).
Māori Trustee v Smith
High Court [2019] NZHC 1022
16 April 2019
Application by the Police to defer arrest orders being issued, add specific terms to the orders detailing the extent of the powers allowed to be exercised in the execution of the arrest orders, and to be heard as interested parties. The application was made because of the Police becoming involved in arrest orders to enforce an injunction. The court granted leave to amend the terms, defer issuing arrest orders, and allowing submissions. There was no need for the Police to join the litigation as interested parties.
Download Māori Trustee v Smith & Ors (448 KB PDF).
Deputy Registrar – Lot 1 DP 150873 Part Waikoukou No 406
Māori Land Court [2019] Chief Judge’s MB 264 (2019 CJ 264)
The order vesting Lots 1 and 2 in Paora Tuhaere and Wiremu Reweti Te Whenua as joint tenants was erroneous and it was amended declaring the title to be held as a tenancy in common. The order was inconsistent with previous succession orders where Wiremu and Paora's interests were succeeded to separately by their respective successors.
Download Deputy Registrar – Lot 1 DP 150873 Part Waikoukou No 40 (301 KB PDF).
Vincent v Kennedy - Estate of Carol Fleet
Māori Land Court (2019) 185 Taitokerau MB 148 (185 TTK 148)
31 January 2019
The deceased's will gave her Māori land interests to her nephew. The Court construed the will and made determinations that a gift was intended, that the beneficiary was not the will-maker's whāngai, but could succeed to her land interests with which he had a whakapapa association. The remaining land interests were to pass to the deceased's surviving siblings, on the basis of a partial intestacy.
Download Vincent v Kennedy - Estate of Carol Fleet (328 KB, PDF) read more
Māori Trustee v Smith
High Court [2019] NZHC 1122
15 May 2019
Application for stay of enforcement refused of earlier decisions granting an injunction to prevent a whānau continuing to occupy land. All matters raised had been previously addressed. There would be no substantial miscarriage of justice if the arrest orders are issued.
Download Māori Trustee v Smith (523 KB PDF).
Luke v Grey - Wairau Block XII Sections A1 & F and Block XII Cloudy Bay Survey District Sections 20, 22 & 24
Māori Land Court (2019) 53 Te Waipounamu MB 187 (53 TWP 187)
6 March 2019
Application to constitute an ahu whenua trust over multiple Māori reservation blocks adjourned to allow further preparatory work.
Download Luke v Grey - Wairau Block XII Sections A1 & F and Block XII Cloudy Bay Survey District Sections 20, 22 & 24 (274 KB PDF).
Noble - Estate of Rameka Korewha Ngamanu
Māori Land Court (2019) Chief Judge's MB 132 (2019 CJ 132)
4 April 2019
Application for exercise of the Chief Judge's powers to cancel vesting orders declined. The evidence established that consent had been granted by the relevant whānau to the application. The 1981 decision for vesting orders was not erroneous in fact or in law.
Download Noble - Estate of Rameka Korewha Ngamanu (429 KB PDF).
Māori Trustee v Smith
High Court [2019] NZHC 322
14 February 2019
On-notice application for leave to issue arrest orders to enforce the terms of an injunction. Although the required standard was proved the court delayed the issue of arrest orders.
Download Māori Trustee v Smith (380 KB PDF). read more
Rudolph - Paihia 2F2B2
Maori Land Court [2019] Chief Judge's MB 327 (2019 CJ 327)
30 April 2019
Application to amend a 1984 order vesting shares in the applicant's sister. The applicant was unable to prove that there was a mistake or omission on the part of the Court or in the presentation of the facts of the case to the Court so the application failed.
Download Rudolph - Paihia 2F2B2 (313 KB PDF).
Smallman - Te Rangi Kaiamokura
Māori Land Court (2019) Chief Judge's MB 66 (2019 CJ 66)
21 March 2019
Application to amend succession order dismissed. The applicant had not identified and concisely set out the order complained of nor provided relevant evidence to support his claim.
Download Smallman - Te Rangi Kaiamokura (258 KB PDF)
Wharehinga v Henry – Rangatira A No 96
Māori Land Court [2019] Chief Judge’s MB 15 (2019 CJ 15)
20 March 2019
Application to amend vesting order on the basis that the full purchase price was not paid. The balance had been paid, therefore there was no reason to amend vesting order.
Download Wharehinga v Henry – Rangatira A No 96 (154 KB PDF)
Tanerau-King - Mangamaunu 1A Part Section 19
Māori Land Court (2019) 53 Te Waipounamu MB 220 (53 TWP 220)
20 March 2019
Application to appoint trustee granted. The Court did not consider the breach in voting significant enough to render the process erroneous. The elected trustee had sufficient ability, knowledge and experience to become a trustee, and was acceptable to the beneficiaries, and the voting results would have been the same if carried out properly.
Download Tanerau-King - Mangamaunu 1A Part Section 19 (307 KB PDF)
Kauika-Stevens v Tawake - Rangitatau 1D5A1 Reserve (Tākirau Marae)
Māori Land Court (2019) 396 Aotea MB 215 (396 AOT 215)
20 February 2019
The Court declined an application to remove a trustee. There was insufficient evidence before the Court to warrant removal.
Download Kauika-Stevens v Tawake - Rangitatau 1D5A1 Reserve (Tākirau Marae) (351 KB PDF)
Insley v Insley - Awapuni Haraparapara No 2B No 1B Section 2
Māori Land Court (2018) 202 Waiariki MB 187 (20 WAR 187)
5 December 2018
Application for an occupation order dismissed.
Download Insley v Insley - Awapuni Haraparapara No 2B No 1B Section 2 (299 KB PDF). read more
Knight - Estate of Rewiti Te Rakaherea
Māori Land Court 2019 Chief Judge's MB 74 (2019 CJ 74)
29 March 2019
Application to amend a succession order granted. There had been an administrative error in failing to record the Tauhara North No 2 Block in a 1916 succession order.
Download Knight - Estate of Rewiti Te Rakaherea (374 KB PDF). read more
Decision on application for urgent hearing - The Alcohol Healthcare Claim
Waitangi Tribunal (Wai 2624, #2.5.3)
30 April 2019
Decision refusing an application for an urgent hearing into the Alcohol and Healthcare Claim in light of the impending kaupapa health inquiry
Download Decision on application for urgent hearing - The Alcohol Healthcare Claim (602 KB PDF). read more
Australia - rights of indigenous peoples - native title - compensation - Timber Creek - Northern Territory v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples [2019] HCA 7 - James Dwyer (free)
Judicial review - interested party status - memorialised land remedies - Raukawa Settlement Trust v Waitangi Tribunal [2019] NZHC 383 - Craig Linkhorn
Natural resource management - heritage protection of sites ousted by specific regime for mining - Te Ara Rangatu o te Iwi o Ngāti Te Ata Waiohua Incorporated v Attorney General [2018] NZHC 2550 - Toni Love
Trusts - term of investigatory trust - ahu whenua trust - Nicholas v Gibbons - Poike 8E [2019] Māori Appellate Court MB 68 (2019 APPEAL 68) - Craig Linkhorn
2019 Māori Appellate Court judgments - index
Chief Judge's powers - application to amend succession order dismissed - Gray - Estate of William Robinson Hawaikirangi [2019] Chief Judge’s MB 123 (2019 CJ 123) - Te Kooanga Awatere-Reedy
Succession - will maker's intention - gift of residue - Hutana - Estate of Te Whe Ariki Hutana (2019) 53 Te Waipounamu 97 (53 TWP 97) - Reto Blattner de-Vries
Trusts - ahu whenua - partition - mediation or facilitation - Thwaites v Barnett – Harataunga East 2B 2B 1 (2019) 174 Waikato Maniapoto MB 233 (174 WMN 233) - Te Kooanga Awatere-Reedy
Trusts - ahu whenua trust - proposed advisory trustees unsuitable - Mhyre – Ngapaeruru No 1B No 2C No 2 (2019) 73 Tākitimu MB 176 (73 TKT 176) - Te Kooanga Awatere-Reedy
Māori reservations - redefinition of class of beneficiaries - Gazette notice error - Raumati – Urenui Pā (2019) 394 Aotea MB 272 (394 AOT 272) - Te Kooanga Awatere-Reedy
Māori Reservations - inquiry into trustees conduct - trustees invited to resign - Otimi v Fa’uhiva – Hauhungaroa 1A3 (Poukura Pā) (2018) 394 Aotea MB 182 (394 AOT 182) - Te Kooanga Awatere-Reedy
2019 Māori Land Court judgments - index
Waitangi Tribunal procedure - urgent hearing declined - criteria not met - broadcasting - Decision of the Tribunal on application for urgent hearing - Te Reo Irirangi 0 Te Upoko 0 te Ika Claim (2019) Wai 2844, #2.5.3 - Meredith Clement
Waitangi Tribunal procedure - urgent hearing declined - upcoming review - inclusion in kaupapa inquiry - charter schools - Decision of the Tribunal on application for urgent hearing - the Kura Hourua (Charter Schools) Claim (2019) Wai 2770, #2.5.6 - Meredith Clement
Māori interests in natural resource management - 2018 in review - Ana Coculescu and Chelsea Easter
Download the Māori Law Review April 2019 (481 KB PDF)
Raukawa Settlement Trust v Waitangi Tribunal
High Court [2019] NZHC 383
12 February 2019
The Waitangi Tribunal misconstrued a limit on a settled group's right to participate as an interested party in the remedies phase of a Tribunal inquiry. The High Court quashed the Tribunal's decision and directed it to reconsider the matter. The Tribunal has subsequently reconsidered the issues and reinstated the settled group's interested party status.
Download Raukawa Settlement Trust v Waitangi Tribunal (779 KB PDF). read more
Decision of the Tribunal on application for urgent hearing - the Kura Hourua (Charter Schools) Claim
Waitangi Tribunal (2019) Wai 2770, #2.5.6
1 April 2019
The Tribunal declined an application for an urgent inquiry into Kura Hourua (charter schools) claims. An impending independent review may affect the claim; and the claim may be included in the upcoming kaupapa inquiry into education claims.
Download Decision of the Tribunal on application for urgent hearing - the Kura Hourua (Charter Schools) Claim when available (502 KB PDF). read more
Northern Territory v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples
High Court of Australia [2019] HCA 7
13 March 2019
The High Court of Australia has given its first judgment on principles for compensating the extinguishment of native title.
Decision of the Tribunal on application for urgent hearing - Te Reo Irirangi 0 Te Upoko 0 te Ika Claim
Waitangi Tribunal (2019) Wai 2844, #2.5.3
27 March 2019
The Tribunal considered and declined an application for an urgent inquiry into a claim about developments affecting the operation and ownership of a broadcasting license.
Download Decision of the Tribunal on application for urgent hearing - Te Reo Irirangi 0 Te Upoko 0 te Ika Claim (891 KB PDF). read more
Ana Coculescu, senior associate, and Chelsea Easter, law clerk, from Buddle Findlay review legal developments from 2018 relating to Māori interests in natural resources. read more
Gray - Estate of William Robinson Hawaikirangi
Māori Land Court [2019] Chief Judge’s MB 123 (2019 CJ 123)
4 April 2019
Application to amend succession order dismissed.
Download Gray - Estate of William Robinson Hawaikirangi (315 KB PDF)
Thwaites v Barnett – Harataunga East 2B 2B 1
Maori Land Court (2019) 174 Waikato Maniapoto MB 233 (174 WMN 233)
8 February 2019
Application for partition order dismissed. There was insufficient support from owners and the partition was not reasonably necessary. Parties recommended to undertake mediation or facilitation to address the various issues raised.
Download Thwaites v Barnett - Harataunga East 2B 2B 1 (333 KB PDF) read more