April 2020 Māori Law Review
Māori reservations – trustee removal – consequences – McLeod
McLeod - Mangatawa 2B 2A Block (Tamapahore Marae)
Māori Land Court (2020) 201 Waikato Maniapoto MB 145 (201 WMN 145)
3 April 2020
Unsuccessful application by two former trustees of the Māori reservation Mangatawa 2B 2A (more commonly known as Tamapahore Marae). The former trustees had been removed by the Court in 2007. The Court decided the Māori Reservation Regulations 1994 mean it is not possible to reappoint the trustees.
Download McLeod - Mangatawa 2B 2A Block (Tamapahore Marae) (246 KB PDF).
Overview and Result
| Māori reservations - trustee removal - consequences of removal - inability to reappoint or reinstate - effect of regulations | |
| Date | 3 April 2020 |
| Case | McLeod - Mangatawa 2B 2A Block (Tamapahore Marae) (246 KB PDF). |
| Citation | (2020) 201 Waikato Maniapoto MB 145 (201 WMN 145) |
| Court | Te Kōti Whenua Māori - Māori Land Court |
| Judge(s) | Judge Clark |
| Earlier/later decisions | 188 Waikato Maniapoto MB 85-111 (188 WMN 85-111); 197 Waikato Maniapoto MB 279-308 (197 WMN 279-308). |
| Legislation cited | Te Ture Whenua Māori Act 1993, ss 239, 240, 338; Māori Reservation Regulations 1994, reg 3(h). |
| Cases cited | McLeod v McLeod – Mangatawa 2B2A Block (2007) 88 Tauranga MB 292 (88 T 292); Amaru v Dickson – Puketapu 3C7B1 (2019) 399 Aotea MB 202 (399 AOT 202); Otimi v Fa’uhiva-Hungahunga 1A3 Block (Poukura Pā) (2018) 394 Aotea MB 182 (394 AOT 182); Perenara v Pryor – Matatā 930 (2004) 10 Waiariki Appellate MB 233 (10 AP 233); Kauika-Stevens v Tawake - Rangitatau 1D5A1 Reserve (Tākirau Marae) (2019) 396 Aotea MB 215 (396 AOT 215); Smith v Smith- Nuki o Te Hapū Tahawai ki Ratoroa Whānau Trust [2019] Maori Appellate Court MB 110 (2019 APPEAL 110); The Committee of Management of Mangatawa Papamoa Blocks Incorporated v McLeod (2009) 101 Tauranga MB 153 (101 T 153). |
| Overview and result | The applicants, Whitiora and Pine McLeod, applied to be re-appointed as trustees of Tamapahore Marae. They had previously been trustees of the Marae but were removed by by the Court in 2007 based on concerns about their behaviour towards other trustees and members of the marae. Held, application refused. Regulation 3(g) of the Maori Reservation Regulations 1994 states (at [5]) that "Any trustee for the time being appointed, by order of the court, in relation to any reservation...shall be eligible for reappointment unless removed from office by order of the court." The Court noted that "the approach taken by the Court to date is that when a trustee has been removed from office by Court order they are not eligible for reappointment." (At [6].) A number of people provided evidence about the applicants. Some former trustees and beneficiaries of the marae opposed the appointment of the applicants, citing their past behaviour and fears that their appointment may cause divisions on the marae. The Court considered that the concerns about the applicants were largely based on historical events which occurred over 12 years ago. The majority of the contemporary evidence was very positive, and from well regarded members of the community. However, the Court could not reappoint the applicants as trustees because reg 3(h) of the Māori Reservation Regulations 1994 and the authorities make clear this is not possible. |
