Māori Law Review

Te Kōti Pīra – Court of Appeal

Mōtika tangata - human rights - declaration - impact on mana whenua of proposed vesting - Kamo v Minister of Conservation [2020] NZCA 1 - Craig Linkhorn

Mōtika tangata - declaration of inconsistency - strike out - stay inappropriate - Parliamentary Privilege Act 2014 - comity - Ngāti Mutunga O Wharekauri Asset Holding Co Ltd v Attorney-General [2020] NZCA 2 - Toni Love

Fiduciary duty - remedy of rectification inappropriate - rental clause in lease - Kusabs v Staite [2019] NZCA 420 - Toni Love

Te Kōti Matua - High Court

Injunctions - interim injunction dismissed - no relief available - Rerekura v TSB Bank Ltd [2020] NZHC 385 - Toni Love

Caveat preventing dealing in land - sustained pending appeal - Urlich v Attorney-General [2019] NZHC 2783 - Toni Love

Trusts - no survivorship notation removed - not corpus land of trust - Nicholas v Registrar-General of Land [2020] NZHC 645 - Zoe Rose-Curnow

Māori Incorporations - transfer of land valid - no unconscionability to defeat indefeasible title - The Proprietors of Potikirua Block Incorporated v Te Kani [2019] NZHC 3200 - Toni Love

Te Kōti Pīra Māori – Māori Appellate Court

2020 Māori Appellate Court judgments - index

2019 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Status of land - investigate title to Māori customary land - tikanga Māori - ahi kā and use rights - Bell v Churton - Mataimoana (2019) 410 Aotea MB 244 (410 AOT 244) - Craig Linkhorn

Partition - subsequent amalgamation - further commercial proposal - Committee of Management of Mangatawa Papamoa Blocks Incorporated - Lot 1 DPS65413 and Part Mangatawa Papamoa Block (2019) 189 Waiokato Maniapoto MB 34 (189 WMN 34) - Craig Linkhorn

Māori Reservations - application for inquiry - concerns addressed - trustee appointment - Priest - Ngāti Rāhiri 1A, 3E, 4, 4Y, 6C, 6G, 7C Māori Reservation (2020) 414 Aotea MB 33 (414 AOT 33) - Kelly Mitchell

Māori Reservations - inquiry - trustee removal - invalid elections - Seymour v Spelman - Kawhia 02 Section 4 Block (Waipapa Marae) (2020) 201 Waikato Maniapoto MB 45 (201 WMN 45) - Kelly Mitchell

Māori reservations - inquiry into administration - Pukepapa 3 Māori Reservation (2020) 414 Aotea MB 16 (414 AOT 16) - Zoe Rose-Curnow

Māori Reservations - trustee appointment - competing applications - Wellington v Wellington - Tuateanui 2B1A Maori Reservation (2020) 209 Taitokerau MB 59 (209 TTK 59-66) - Kelly Mitchell

Māori Reservations - trustee removal - funding - dismissed - Tamakehu v Te Uamairangi Ohotu - No. 1C, No. 1 Block (2020) 414 Aotea MB 59 (414 AOT 59) - Kelly Mitchell

Māori Reservations - redefine reservation purpose - vote not determinative - McLeod v Nga Uri A Maata Ngapo Charitable (2020) 198 Waikato Maniapoto MB 5 (198 WMN) - Zoe Rose-Curnow

2020 Māori Land Court judgments - index

2019 Māori Land Court judgments - index

Ngā Whakaturetanga - Legislation

Family law - relationship property - review - Te Arotake i te Property (Relationships) Act 1976 - Zoe Rose-Curnow

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 March 2020 (582 KB PDF)

Court of Appeal [2020] NZCA 2

29 January 2020

Appeal dismissed from a stay ordered by the High Court and the proceeding struck out on the basis that the declaration sought by the appellants was inconsistent with s 11 of the Parliamentary Privilege Act 2014. Comity between the legislature and the judiciary discussed.

Download Ngāti Mutunga O Wharekauri Asset Holding Co Ltd v Attorney-General (339 KB PDF).

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Nicholas v Registrar-General of Land

High Court [2020] NZHC 645

25 March 2020

The Mahimahi E5 Ahu Whenua Trust obtained removal of a "no survivorship" notation on the title of a block of land it was in the process of selling.

Download Nicholas v Registrar-General of Land (181 KB PDF). read more

An appeal from a judgment ordering rectification of a rental clause in a lease contract was allowed. The order for rectification was set aside.

Download Kusabs v Staite (933 KB PDF). read more

Kamo v Minister of Conservation

Court of Appeal [2020] NZCA 1

29 January 2020

The Court dismissed an appeal from the High Court's refusal to grant declarations about the impact of a proposed vesting of an historic reserve on Ngāti Mutunga mana whenua.

Download Kamo v Minister of Conservation (266KB PDF) read more

The Proprietors of Potikirua Block Incorporated v Te Kani

High Court [2019] NZHC 3200

5 December 2019

The Court refused an application by Potikirua Block Incorporated seeking a return of land and a declaration that the land was held on a resulting trust for its benefit. Despite non-compliance with statutory requirements this did not make the transaction invalid. There was no unconscionability on the part of the purchaser that would see her indefeasible title defeated.

Download The Proprietors of Potikirua Block Incorporated v Te Kani (750 KB PDF).

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Tamakehu v Te Uamairangi Ohotu - No. 1C, No. 1 Block

Māori Land Court (2020) 414 Aotea MB 59 (414 AOT 59)

24 March 2020

The Court dismissed an application seeking the removal of two trustees of the Ohotu 1C1 Reservation Trust. While the trustees' conduct was undesirable, it failed to meet the high threshold required for removal.

Download Tamakehu v Te Uamairangi Ohotu - No. 1C, No. 1 Block (223 KB PDF). read more

Māori Land Court (2020) 201 Waikato Maniapoto MB 45 (201 WMN 45)

24 March 2020

This judgment addresses a long running application for an inquiry into the administration of the reservation Kawhia O2 Section 4 block (Waipapa Marae). The Court found that while the trustees had complied with most of the previous directions, issues remained regarding trustee behaviour, election processes, and project management.

Download Seymour v Spelman - Kawhia 02 Section 4 Block (Waipapa Marae) (356 KB PDF). read more

Te Arotake i te Property (Relationships) Act 1976 - Review of the Property (Relationships) Act 1976

Te Aka Matua o te Ture - Law Commission

Pūrongo 143 - Report 143

June 2019

Te Aka Matua o te Ture - the Law Commission - has reviewed the Property (Relationships) Act 1976. This legislation deals with the division of property when a relationship ends as a result of separation or on the death of one of the partners. As part of the review Te Aka Matua looked specifically at issues of tikanga Māori relating to relationship property issues. This note looks at the Commission's discussion and recommendations relating to those tikanga issues.

Dowload Te Arotake i te Property (Relationships) Act 1976 (7.26 MB)

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Bell v Churton - Mataimoana

Māori Land Court (2019) 410 Aotea MB 244 (410 AOT 244)

24 December 2019

Application to investigate the title of Māori customary land at Mataimoana according to tikanga Māori and determine governance arrangements for the land. The Court gave an interim judgment, finding that Ngāti Hau and Ngāti Pourua hold the land in accordance with tikanga Māori, and suggesting a whenua tōpu trust as a governance vehicle for the whenua.

Download Bell v Churton - Mataimoana (352 KB PDF).

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High Court [2019] NZHC 2783

30 October 2019

Application adjourned to sustain a caveat over ancestral whenua on the Karikari Peninsula currently in Crown ownership. Caveat to remain in place to allow the applicant to appeal this judgment and to seek relief from the Court of Appeal and/or Supreme Court.

Download Urlich v Attorney-General (409 KB PDF).

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4 March 2020

Application for an interim injunction dismissed as no relief available.

Download Rerekura v TSB Bank Ltd (265 KB PDF). read more

Priest - Ngāti Rāhiri 1A, 3E, 4, 4Y, 6C, 6G, 7C Māori Reservation

Māori Land Court (2020) 414 Aotea MB 33 (414 AOT 33)

17 March 2020

Application for an inquiry into the administration of Ngāti Rāhiri 1A, 3E, 4, 4Y, 6C, 6G, 7C Māori Reservation due to concerns about the trustees management of the trust. The Court determined an inquiry was no longer required.

Download Priest - Ngāti Rāhiri 1A, 3E, 4, 4Y, 6C, 6G, 7C Māori Reservation (251 KB PDF) read more

McLeod v Nga Uri A Maata Ngapo Charitable Trust - Harataunga West

Māori Land Court (2020) 198 Waikato Maniapoto MB 5 (198 WMN)

12 February 2020

Unsuccessful application to change the name and redefine the purposes of Te Paea O Hauraki Māori Reserve. The change sought would not reflect the history of the land, and the owners vote - whilst in favour - was not determinative.

Download McLeod v Nga Uri A Maata Ngapo Charitable Trust - Harataunga West (1.5 MB PDF).

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Wellington v Wellington - Tuateanui 2B1A Maori Reservation

Māori Land Court (2020) 209 Taitokerau MB 59 (209 TTK 59-66)

17 February 2020

This decision concerns two competing applications seeking the replacement and appointment of trustees to Tuateanui 2B1A Māori Reservation Trust. The first applicant is a beneficiary of the trust and applies following elections held at a 2019 SGM. The second applicant is a trustee and applies following elections held at the 2017 AGM and 2018 AGM. The Court appointed persons elected for trustee positions at the 2017 AGM and found elections for trustee roles at the 2018 AGM and 2019 SGM to be invalid.

Download Wellington v Wellington - Tuateanui 2B1A Maori Reservation (254 KB PDF).

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Pukepapa 3 Māori Reservation 

Māori Land Court (2020) 414 Aotea MB 16 (414 AOT 16)

24 February 2020

Successful application for the Court to investigate the administration of the Pukepapa 3 Marae Reservation. Two beneficiaries raised concerns about the running of the Reservation by the trustees and the Court agreed a limited inquiry was necessary.

Download Pukepapa 3 Māori Reservation (when available).

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