Hui tanguru 2020 February – Contents

Te Kōti Pīra – Court of Appeal

Judicial review - decision within power and not unreasonable - Ngāti Te Ata v The Minister for Treaty of Waitangi Negotiations [2019] NZCA 680 - Toni Love

Te Kōti Pīra Māori – Māori Appellate Court

Trespass - relief - wrongly placed structure - Hohepa v Piripi - Waima C30A and Waima Topu B Blocks [2019] Māori Appellate Court MB 629 (2019 APPEAL 629) - Te Kooanga Awatere-Reedy

2020 Māori Appellate Court judgments - index

2019 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Procedure - review of refusal to register appeal - Chief Registrar refusal beyond administrative duties - Mangu - Te Runanga-a-Iwi o Ngāpuhi (2019) 2019 Chief Judge’s MB 1449 - Laura Sturch

Ownership - fixture - house owned by the parties as tenants in common - Keepa - Te Touwai B16A (2019) 207 Taitokerau MB 109 (207 TTK 109) - Laahariz Thapa-Naidu

Representation of Māori - Ngāti Wai ki Aotea - whakapapa - issues outside scope of s 30 inquiry - Bayne v Trustees of the Ngāti Rehua Ngāti Wai ki Aotea Trust [2019] Chief Judge's MB 1432 (2019 CJ 1432) - Toni Love

Chief Judge's powers - succession - dismissed - Broughton - Piripi Tairawhiti Totorewa [2020] Chief Judge’s MB 63 (2020 CJ 63) - Laahariz Thapa-Naidu

Chief Judge's powers - succession - administrative errors only - Te Awe Awe v Te Awe Awe - Estate of Pipi Rakene or Pipi Te Awe Awe [2019] Chief Judge's MB 1414 (2019 CJ 1414) - Laahariz Thapa-Naidu

Chief Judge's powers - succession - granted - joint tenancy instead of tenancy in common - Clarke v Overington [2020] Chief Judge’s MB 35 (2020 CJ 35) - Sam Taylor

Chief Judge's powers - earlier orders amended - mistake - lack of credibility - evidence of forgery - Mokaraka - Waima C8 [2019] Chief Judges MB 1137 (2019 CJ 1137) - Reto Blattner de-Vries

Chief Judge's powers - roadway - error of fact - ownership corrected - Rata – Whataarakai No 1 Roadway and Lot 1 Deposited Plan 374627 [2020] Chief Judge’s MB 74 (2020 CJ 74-96) - Kelly Mitchell

Status of land - land remains Māori freehold land despite alienation - Moore - Oakura F2A [2019] 204 Taitokerau MB 165 - Craig Linkhorn

Succession - beneficial interests in private trust - granted conditionally - Papuni - Barbara Lois Rewha nee King (2020) 208 Taitokerau MB 296 (208 TTK 296) - Sam Taylor

Trusts - trustee appointment - fair and transparent election process - Buchanan- Waimahana D3B3 (2019) 204 Taitokerau MB 154 - Laura Sturch

Trusts - trustee removal - variation application dismissed - Apo v Hudson - Marenui No 141 and other blocks (2019) 227 Waiariki MB 43 (227 WAR 43) - Sam Taylor

Trusts - trustee removal - ineligible for re-relection - D J Bethel Family Trust (2019) 408 Aotea MB 210 (408 AOT 210) - Sam Taylor

Trusts - trustee removal - inquiry into conduct - strike out dismissed - Hutcheson v Clarkson - Mangamaire B2 Trust (2019) 81 Takitimu MB 52 (81 TKT 52) - Sam Taylor

Roadways - ownership rights - no distinction between legal or physical access - New Zealand Transport Agency - Kaiti 336F Roadway (2020) 92 Tairāwhiti MB 287 (92 TRW 287) - Kelly Mitchell

2020 Māori Land Court judgments - index

2019 Māori Land Court judgments - index

Sir Edward Taihakurei Durie student essay competition 2019

Ngāi Tai ki Tāmaki Tribal Trust and beyond the balancing exercise - Rhianna Morar

Print version

Download the Māori Law Review February 2020 (465 KB PDF)


Caveat – leave for direct appeal dismissed – benefit of views from lower court – Urlich

Urlich v Attorney-General 

Supreme Court [2020] NZSC 11

20 February 2020

Leave to appeal refused due to insufficient grounds to bypass Court of Appeal.

Download Urlich v Attorney-General (71 KB PDF).

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Judicial review – decision within power and not unreasonable – Ngāti Te Ata

Ngāti Te Ata v The Minister for Treaty of Waitangi Negotiations

Court of Appeal [2019] NZCA 680

19 December 2019

Unsuccessful appeal from a decision that the Minister of Treaty Settlements' disposal of two properties previously designated as right of first refusal (RFR) land was lawful.

Download Ngāti Te Ata v The Minister for Treaty of Waitangi Negotiations (324 KB PDF). read more

Procedure – review of refusal to register appeal – Chief Registrar refusal beyond administrative duties – Mangu

Mangu - Te Runanga-a-Iwi o Ngāpuhi

Māori Land Court (2019) 2019 Chief Judge’s MB 1449

18 December 2019

The Chief Registrar unlawfully refused to register a notice of appeal, going beyond the role's administrative duties by considering the merits of the application.

Download Mangu - Te Runanga-a-Iwi o Ngāpuhi  (164 KB PDF). read more

Trusts – trustee removal – variation application dismissed – Apo

Apo v Hudson - Marenui No 141 and other blocks

Māori Land Court (2019) 227 Waiariki MB 43 (227 WAR 43)

16 December 2019

Two applications seeking the removal of trustees of the Te Kou Tiaki and Rangi Ataahua Green Whānau Trust and one application seeking a variation of the trust order. The Court found that all of the trustees should be removed. However, the application for variation of the trust order was dismissed.

Download Apo v Hudson - Marenui No 141 and other blocks (293 KB PDF). read more

Ownership – fixture – house owned by the parties as tenants in common – Keepa

Keepa - Te Touwai B16A

Māori Land Court (2019) 207 Taitokerau MB 109 (207 TTK 109)

20 December 2019

Application seeking to determine ownership of a house. House held by both parties with relative interests as tenants in common.

Download Keepa - Te Touwai B16A (223 KB PDF). read more

Trespass – relief – wrongly placed structure – Hohepa

Hohepa v Piripi - Waima C30A and Waima Topu B Blocks

Māori Appellate Court [2019] Māori Appellate Court MB 629 (2019 APPEAL 629)

27 September 2019

An appeal and cross-appeal concerning appropriate relief for trespass from a wrongly placed structure on land. The Appellate Court found that an award comprising nominal damages and consequential damages to reimburse costs was fair and equitable in the circumstances.

Download Hohepa v Piripi - Waima C30A and Waima Topu B Blocks (442 KB PDF). read more

Status of land – land remains Māori freehold land despite alienation – Moore – Oakura F2A

Moore - Oakura F2A

Māori Land Court [2019] 204 Taitokerau MB 165

11 November 2019

Application to determine that the status of a parcel of land was General land. The Court determined that the land remains Māori freehold land. Although it was alienated from Māori ownership, and the owners held an indefeasible title for the purposes of the Torrens system, the transfer had not met the requirements of the Māori Affairs Act 1953 to change the status of land.

Download Moore - Oakura F2A (397 KB PDF). read more

Representation of Māori – Ngāti Wai ki Aotea – whakapapa – issues outside scope of s 30 inquiry – Bayne

Bayne v Trustees of the Ngāti Rehua Ngāti Wai ki Aotea Trust

Māori Land Court [2019] Chief Judge's MB 1432 (2019 CJ 1432)

11 December 2019

The Court dismissed an application to determine the most appropriate persons to represent Ngāti Wai hapū on Aotea (Great Barrier Island) on the basis the issues were inappropriate for an inquiry to determine the most appropriate representatives of a group of Māori.

Download Bayne v Trustees of the Ngāti Rehua Ngāti Wai ki Aotea Trust (228 KB PDF). read more

Succession – beneficial interests in private trust – granted conditionally – Papuni

Papuni - Barbara Lois Rewha nee King

Māori Land Court (2020) 208 Taitokerau MB 296 (208 TTK 296)

4 February 2020

Judgment determining whether the Māori Land Court could vest a deceased's beneficial interests in Māori land into a private trust. Orders granted, conditionally.

Download Papuni - Barbara Lois Rewha nee King (170 KB PDF)

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Chief Judge’s powers – succession order – dismissed – Broughton

Broughton - Piripi Tairawhiti Totorewa

Māori Land Court [2020] Chief Judge’s MB 63 (2020 CJ 63)

4 February 2020

Application to amend a succession order dismissed.

Download Broughton - Piripi Tairawhiti Totorewa (208 KB PDF).

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Chief Judge’s powers – succession order – administrative errors only – Te Awe Awe

Te Awe Awe v Te Awe Awe - Estate of Pipi Rakene or Pipi Te Awe Awe

Māori Land Court [2019] Chief Judge's MB 1414 (2019 CJ 1414)

11 December 2019

Application seeking to amend a succession order dismissed.

Download Te Awe Awe v Te Awe Awe - Estate of Pipi Rakene or Pipi Te Awe Awe (258 KB PDF). read more

Chief Judge’s powers – roadway – error of fact – ownership corrected – Rata

Rata – Whataarakai No 1 Roadway and Lot 1 Deposited Plan 374627

Māori Land Court [2020] Chief Judge’s MB 74 (2020 CJ 74-96)

7 February 2020

Application seeking to cancel previous orders concerning a roadway.

Download Rata – Whataarakai No 1 Roadway and Lot 1 Deposited Plan 374627 (433 KB)

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Roadways – ownership rights – no distinction between legal or physical access – New Zealand Transport Agency

New Zealand Transport Agency - Kaiti 336F Roadway

Māori Land Court (2020) 92 Tairāwhiti MB 287 (92 TRW 287)

3 February 2020

Application to determine the ownership of the Kaiti 336F Roadway and a claim to the ownership of the roadway.

Download New Zealand Transport Agency - Kaiti 336F Roadway (486 KB PDF).

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Chief Judge’s powers – succession – granted – joint tenancy instead of tenancy in common – Clarke

Clarke v Overington 

Māori Land Court [2020] Chief Judge’s MB 35 (2020 CJ 35)

3 February 2020

Application to amend entry of status orders relating to Maketu A Section 39 Block and Lot 2 Deposited Plan South Auckland 25586 and to cancel subsequent succession orders relating to the applicant's husband granted. The applicant and her husband should have been recorded as joint tenants rather than tenants in common.
Download Clarke v Overington (268 KB PDF).

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Chief Judge’s powers – earlier orders amended – mistake – lack of credibility – evidence of forgery – Mokaraka

Mokaraka - Waima C8

Maori Land Court [2019] Chief Judges MB 1137 (2019 CJ 1137)

1 November 2019

Application seeking to amend succession orders relating to the Waima C8 block. The Court concluded that there were sufficient grounds to establish that signatures had been forged and therefore it was in the interests of justice to remedy the mistake.

Download Mokaraka - Waima C8 (419 KB PDF). read more

Trusts – trustee removal – inquiry into conduct – strike out dismissed – Hutcheson

Hutcheson v Clarkson - Mangamaire B2 Trust

Māori Land Court (2019) 81 Takitimu MB 52 (81 TKT 52)

24 December 2019

An interim judgment determining whether an application to remove trustees should be struck out and to decide whether the Court inquire into trustee conduct.

Download Hutcheson v Clarkson (252 KB PDF).

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Trusts – trustee removal – ineligible for re-election – D J Bethel Family Trust

D J Bethel Family Trust

Māori Land Court (2019) 408 Aotea MB 210 (408 AOT 210)

4 December 2019

An interim judgment concerning the Rangitatau Waitōtara 3C2B2 and 3C2B3 Trust. The Court removed trustees, for cause, and ruled those persons ineligible for re-election.

Download D J Bethel Family Trust (188 KB PDF).

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Trusts – trustee appointment – fair and transparent election process – Buchanan

Buchanan- Waimahana D3B3

Māori Land Court (2019) 204 Taitokerau MB 154

14 November 2019

Application declined to appoint replacement trustees. The election process was not consistent with fair and transparent procedural matters.

Download Buchanan- Waimahana D3B3 (285 KB PDF).

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Sir Edward Taihakurei Durie student essay competition 2019 – Ngāi Tai ki Tāmaki Tribal Trust and beyond the balancing exercise

Sir Edward Taihakurei Durie student essay competition 2019

Ngāi Tai ki Tāmaki Tribal Trust and beyond the balancing exercise

Rhianna Morar read more

2020 Māori Appellate Court judgments – index

This table lists the 2020 judgments of the Māori Appellate Court and contains links to reports about the decisions.

For other years: 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, 2023. Follow this link for the 2020 Māori Land Court judgments index.

read more

2020 Māori Land Court judgments – index

This table lists the 2020 judgments of the Māori Land Court and contains links to reports about the decisions.

For other years: 2010201120122013, 20142015, 201620172018, 2019, 2021, 2022, 2023. Follow this link for the 2020 Māori Appellate Court judgments index. read more