Otimi v Fa’uhiva – Hauhungaroa 1A3 (Poukura Pā)
Māori Land Court (2018) 394 Aotea MB 182 (394 AOT 182)
24 December 2018
Application granted concerning trustee conduct and trustees invited to resign. Three new interim trustees appointed, five new advisory trustees appointed.
Download Otimi v Fa’uhiva – Hauhungaroa 1A3 (Poukura Pā) (371 KB PDF). read more
Mhyre – Ngapaeruru No 1B No 2C No 2
Māori Land Court (2019) 73 Tākitimu MB 176 (73 TKT 176)
31 January 2019
An application to replace deceased advisory trustees dismissed as the proposed trustees were not suitable. The names of two deceased advisory trustees were removed.
Download Myhre - Ngapaeruru No 1B No 2C No 2 (2019) (340 KB PDF) read more
Hutana - Estate of Te Whe Ariki Hutana
Maori Land Court (2019) 53 Te Waipounamu 97 (53 TWP 97)
14 February 2019
The Court issued a preliminary determination over apparent inconsistencies in a will. The will maker's intentions could be discerned from her will and a background clause specifying disentitlement was not sufficiently clear to revoke part of the gift of the estate's residue.
Download Hutana - Estate of Te Whe Ariki Hutana (329 KB PDF).
Raumati – Urenui Pā
Māori Land Court (2019) 394 Aotea MB 272 (394 AOT 272)
25 January 2019
Application to redefine the class of beneficiaries of a reservation to give effect to the original intent. Granted as the Gazette notice was in error in specifying land owners when the members of the iwi were the intended beneficiaries of the reservation.
Download Raumati - Urenui Pā (293 KB PDF). read more
Judicial review - allowed - concessions to use conservation estate - giving effect to Treaty principles - Ngāi Tai ki Tāmaki Tribal Trust v Minister of Conservation [2018] NZSC 122 - James Watson
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 High Court [2018] NZHC 2550 - Toni Love
Procedure - discovery - granted in part - claim bona fide and non-speculative - Tahi Enterprises Ltd v Taua [2018] NZHC 3372 - 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
Trusts - duty to account to trustees - mesne profits - trespass - Nicholls v Nicholls - Koromatua 3A [2018] Māori Appellate Court MB 604 (2018 APPEAL 604) - Craig Linkhorn
2019 Māori Appellate Court judgments - index
Ownership - fixture - equitable interest in land - subset of owners - Clarke v Rewha - Hauai 2G2B (2019) 186 Taitokerau MB 68 (186 TTK 68) - Tom Bennion
Costs - double award inappropriate - Special Aid Fund - Appleton v Krissansen - Whangamata 4D 1C 1B (2019) 176 Waikato Maniapoto MB 115 (176 WMN 115) - Reto Blattner de-Vries
2019 Māori Land Court judgments - index
Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims Part II - Meredith Clement
Incorporating indigenous worldviews on the environment into non-indigenous legal systems: has the Te Awa Tupua Act led to reconciliation and self-determination? - Nopera Dennis-McCarthy
He Taonga Te Tamariki - Eru Kapa-Kingi
Download the Māori Law Review March 2019 (601 KB PDF)
Tahi Enterprises Ltd v Taua
High Court [2018] NZHC 3372
18 December 2018
Application for pre-commencement discovery of the register of the individual members of the Te Kawerau Ā Maki Iwi granted. The plaintiffs' claims were bona fide and non-speculative.
Download Tahi Enterprises Ltd v Taua (970 KB PDF). read more
Committee of Management of Mangatawa Papamoa Blocks Incorporated - Lot 1 DPS65413 and Part Mangatawa Papamoa Block
Māori Land Court (2019) 189 Waikato Maniapoto MB 34 (189 WMN 34)
6 November 2019
The Court ordered a further partition of land, and made subsequent related orders, as part of an ongoing commercial development for the benefit of the hapū owners of this Māori Incorporation.
Download Committee of Management of Mangatawa Papamoa Blocks Incorporated - Lot 1 DPS65413 and Part Mangatawa Papamoa Block (969 KB, PDF). read more
Ngāi Tai ki Tāmaki Tribal Trust v Minister of Conservation
[2018] NZSC 122
14 December 2018
The appellant was successful in establishing that the Department of Conservation granted applications for concessions to use conservation land without appropriately giving effect to the principles of the Treaty of Waitangi. The error was sufficiently serious to warrant a remedy.
Download Ngāi Tai ki Tāmaki Tribal Trust v Minister of Conservation (898 KB PDF).
Te Ara Rangatu o te Iwi o Ngāti Te Ata Waiohua Incorporated v Attorney General
High Court [2018] NZHC 2550
28 September 2018
NZ Steel obtained a declaration it did not need authority under the Heritage New Zealand Pouhere Taonga Act 2014 to undertake its mining operation at Maioro. The mining authorisation was a specific and detailed regime that was intended to apply for the duration of ironsand mining.
Download Te Ara Rangatu o te Iwi o Ngāti Te Ata Waiohua Incorporated v Minhinnick (2314 KB PDF)
Nicholas v Gibbons - Poike 8E
[2019] Māori Appellate Court MB 68 (2019 APPEAL 68)
15 February 2019
A two year investigatory trust did not terminate by operation of law without a further court order. The outcome was variation of the trust to create an ahu whenua trust to administer the land block.
Download Nicholas v Gibbons - Poike 8E (408 KB PDF). read more
Clarke v Rewha - Hauai 2G2B
Māori Land Court (2019) 186 Taitokerau MB 68 (186 TTK 68)
21 February 2019
The Court determined that a shed on land was a fixture owned by six members of one whānau rather than all of the block's 43 owners.
Download Clarke v Rewha - Hauai 2G2B (366 KB PDF). read more
Nicholls v Nicholls - Koromatua 3A
[2018] Māori Appellate Court MB 604 (2018 APPEAL 604)
7 December 2018
Partly successful appeal from the lower court decision that the appellants had to account for revenue received from operation of a holiday park on the land both before and since the creation of a trust. However, the Court did not consider it necessary or appropriate to disturb the result of the decision under appeal as the difference in the award was negligible.
Download Nicholls v Nicholls - Koromatua 3A (303 KB PDF). read more
Appleton v Krissansen - Whangamata 4D 1C 1B
Māori Land Court (2019) 176 Waikato Maniapoto MB 115 (176 WMN 115)
28 February 2019
Award of costs declined. Counsel for the respondents had already received payment of their full legal fees from the Maori Land Court Special Aid Fund. A double award would not be appropriate.
Download Appleton v Krissansen - Whangamata 4D 1C 1B (272 KB PDF).
Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims – Pre-publication Version part 2
Waitangi Tribunal (Wai 898, 2018)
The Waitangi Tribunal has released two parts 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). This report contains a brief chapter by chapter summary of the key findings of part 2 of the pre-publication report.
See Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims Part I for a summary of chapters 1-6.
For a shorter overview see Te Rohe Pōtae district inquiry – Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims – overview
Download Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims – Pre-publication version (19,148 KB PDF). read more
2019 Māori Appellate Court judgments - index
2018 Māori Appellate Court Judgments - index
Representation of Māori - review of earlier order - expiry date - mediation - Ngāti Pāoa Iwi Trust v Ngāti Pāoa Trust Board - Ngāti Pāoa (2018) 173 Waikato Maniapoto MB 51 (173 WMN 51) - Meredith Clement
Procedure - consequences of breach of self-dealing rule - Naera v Fenwick - Whakapoungakau 24 (2019) 205 Waiāriki MB 96 (205 WAR 96) - Craig Linkhorn
2019 Māori Land Court judgments - index
2018 Māori Land Court Judgments - index
Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims Part I - Meredith Clement
Waitangi Tribunal procedure - discovery information - Takutai Moana inquiry - Meredith Clement
Waitangi Tribunal procedure - memorialised and Crown forest land - interested party - leave to participate withdrawn - Wairarapa ki Tararua inquiry - Meredith Clement
Incorporating indigenous worldviews on the environment into non-indigenous legal systems: has the Te Awa Tupua Act led to reconciliation and self-determination? - Nopera Dennis-McCarthy
He Taonga Te Tamariki - Eru Kapa-Kingi
Download the Māori Law Review February 2019 (522 KB PDF)
Naera v Fenwick - Whakapoungakau 24
Māori Land Court (2019) 205 Waiāriki MB 96 (205 WAR 96)
30 January 2019
This procedural decision directed further submissions from parties on four issues so the Court could decide issues referred back to it by the Supreme Court. The issues included the consequences of trustees failing to make information available and whether this amounted to a possible contempt.
Download Naera v Fenwick - Whakapoungakau 24 (330 KB PDF). read more
Ngāti Pāoa Iwi Trust v Ngāti Pāoa Trust Board - Ngāti Pāoa
Māori Land Court (2018) 173 Waikato Maniapoto MB 51 (173 WMN 51)
12 December 2018
Application by Ngāti Pāoa Iwi Trust seeking a review of a 2009 s 30 order that declared Ngāti Pāoa Trust Board as the representative body for Ngāi Pāoa. The 2009 order was ineffective. It was amended to include an expiry date. The parties were referred to mediation.
Download Ngāti Pāoa Iwi Trust v Ngāti Pāoa Trust Board - Ngāti Pāoa (460 KB PDF) read more
Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims Part 1 – Pre-publication Version
Waitangi Tribunal (Wai 898, 2018)
The Waitangi Tribunal has released two parts of its report on Te Rohe Pōtae Claims in pre-publication format. These will form part of the final report on the Tribunal's 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). This article sets out a brief chapter by chapter summary of the key findings of Part 1 of the Tribunal's pre-publication report.
See Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims Part II for a summary of chapters 7-11
For a shorter overview see Te Rohe Pōtae district inquiry – Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims – overview
Download Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims – Pre-publication Version (19 MB PDF). read more
Memorandum-Directions of Judge M P Armstrong - Takutai Moana Inquiry
Waitangi Tribunal (2018) Wai 2660, #2.5.30
18 December 2018
Decision to decline request by claimant counsel to have all discovery documents listed on the Tribunal's record of inquiry.
Download Memorandum-Directions of Judge M P Armstrong- Takutai Moana Inquiry (451 KB PDF). read more
Sir Edward Taihakurei Durie student essay competition 2018
Incorporating indigenous worldviews on the environment into non-indigenous legal systems: has the Te Awa Tupua Act led to reconciliation and self-determination?
Nopera Dennis-McCarthy read more
Sir Edward Taihakurei Durie student essay competition 2018
He Taonga Te Tamariki
Eru Kapa-Kingi read more
Judicial Review - challenge to Waitangi Tribunal recommendations - Whakatōhea Mandate Inquiry Report - Baker v Waitangi Tribunal & Ors [2018] NZHC 2348 - Toni Love
Procedure - natural resource management - report declined - not a basis to overcome failure to provide reasons - Maungaharuru-Tangitū Trust v Hastings District Council [2018] NZHC 3261 - Toni Love
Costs - 60 per cent of costs awarded - Maruera v Te Rūnanga o Ngāti Maru (Taranaki) Trust [2019] Māori Appellate Court MB 52 (2019 APPEAL 52) - Sam Taylor
2019 Māori Appellate Court Judgments - index
2018 Māori Appellate Court Judgments - index
Injunction - cancellation refused - no material change in circumstances - Faulkner v Hoete - Motiti North C No 1 (2018) 181 Waikato Maniapoto MB 2 (173 WMN 2) - Carolyn Southey-Jensen
Chief Judge's powers - error of law - land remains general land - status of land order cancelled - interests of justice - Murray v Parker - Paihia 3B9B Residue [2018] Chief Judges MB 707 (2018 CJ 707) - Carolyn Southey-Jensen
Trusts - review of ahu whenua trust – trust variation refused – appointment of advisory trustees - Kingi - Maungaroa No 1 Section 27 (2018) 194 Waiariki MB 268 (194 WAR 268) - Te Kooanga Awatere-Reedy
Trusts - trustee removal declined - conflict of interest - Randall v Moeahu - Lot 1 Deposited Plan 442626 (2018) 390 Aotea MB 4 (390 AOT 4) - Reto Blattner de-Vries
2019 Māori Land Court Judgments - index
2018 Māori Land Court Judgments - index
Waitangi Tribunal procedure - memorialised and Crown forest land - interested party - leave to participate withdrawn - Wairarapa ki Tararua inquiry - Meredith Clement
Waitangi Tribunal procedure - urgent inquiry - Hauraki Collective deed of settlement - Meredith Clement
Waitangi Tribunal procedure - urgent inquiry declined - Hauraki Collective deed of settlement - Meredith Clement
Maruera v Te Rūnanga o Ngāti Maru (Taranaki) Trust
Māori Appellate Court [2019] Māori Appellate Court MB 52 (2019 APPEAL 52)
24 January 2019
Applicant seeking costs awarded 60 percent of actual costs.
Download Maruera v Te Rūnanga o Ngāti Maru (Taranaki) Trust (264 KB PDF). read more