June 2020 – Māori Law Review

Pipiri 2020 June – Contents

Te Kōti Pīra Māori – Māori Appellate Court

Injunction - unavailable on facts - Moke clearly applies - Nikora v Te Uru Taumatua (2020) 2020 Māori Appellate Court MB 248 (2020 APPEAL 248) - Kelly Mitchell; comment on Nikora - Tom Bennion

Representation of Māori - end date for representation order - Ngāti Pāoa Trust Board v Ngāti Pāoa Iwi Trust - Ngāti Pāoa [2020] Māori Appellate Court MB 318 (202o APPEAL 318) - Sam Taylor

Chief Judge's powers - succession - breach of natural justice - rehearing - Tairua v Aati - Mere Hare Kerepeti (2020) Māori Appellate Court MB 224 (2020 APP 224) - Sam Taylor

Ownership of house - inclusion among interests vested in whānau trust - Herewini - Te Tii Mangonui A3 [2020] Māori Appellate Court MB 54 (2020 APPEAL 54) - Craig Linkhorn

Status of land - land remains Māori freehold land despite alienation - Māori Affairs Act 1953 - Moore - Oakura F2A [2020] Māori Appellate Court MB 209 (2020 APPEAL 209) - Tom Bennion

Status of land - partition - no jurisdiction to change status of part of parcel of land - Short v Stowers (2020) Māori Appellate Court MB 141 (2020 APPEAL 141) - Kelly Mitchell

Succession - gift under will - succession to hapū land interests - Fleet v Kennedy (2020) Māori Appellate Court MB 46 (2020 APPEAL 46) - Zoe Rose-Curnow

Occupation order - leave refused to appeal out of time - Insley v Insley (2020) Māori Appellate Court MB 29 (2020 APPEAL 29) - Kelly Mitchell

Trusts - repay sums to trust - quantified - Pook v Butler - Matangareka 3B Block (2020) Māori Appellate Court MB 126 (2020 Appeal 126) - Zoe Rose-Curnow

Māori Reservations - failure to protect funds - trustee and recipient liability - constructive trust - bias - Tata v Martin - Waiwhakaata 3E 4C Lot 2A Block (Hiimona Marae) (2020) Māori Appellate Court MB 166 (2020 Appeal 166) - Zoe Rose Curnow

2020 Māori Appellate Court judgments - index

2019 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Chief Judge's powers - creation of whenua tōpū trust - breach of natural justice - Stirling - Opape No 1 No 1B (2020) Chief Judge's MB 526 (2020 CJ 526) - Sam Taylor

Rehearing - granted out of time - no notice - Ua v Ua - Succession to Te Waharoa Cookson-Ua (2020) 64 Te Waipounamu MB 2 (64 TWP 2) - Kelly Mitchell

Partition - granted - sufficient notice and degree of support - mortgage finance - District Plan consent requirements - Tau v Pitama - Kaiapoi Section 149B (2020) 62 Te Waipounamu MB 169 (62 TWP 169) - Sam Taylor

Trusts - partial termination - whānau trust - trustees failed in duties - Scott - Tiaho Mateparae Whānau Trust (2020) 417 Aotea MB 123 (417 AOT 123) - Sam Taylor

Māori Reservations - eligibility to vote - beneficiaries of Pouākani Marae - Hamon v Te Maari - Mangakino Pouākani Marae (2020) 233 Waiariki MB 296 (233 WAR MB 296) - Sam Taylor

2020 Māori Land Court judgments - index

2019 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Plant variety rights reform - UPOV 91 accession - Treaty consistency (Wai 2522, 2020) - Craig Linkhorn

Print version

Download the Māori Law Review June 2020 (497 KB PDF)

Representation of Māori – end date for representation order – Ngāti Pāoa

Ngāti Pāoa Trust Board v Ngāti Pāoa Iwi Trust - Ngāti Pāoa

Māori Appellate Court [2020] Māori Appellate Court MB 318 (202o APPEAL 318)

10 December 2020

Appeal dismissed from lower Court decision that an order for representation of Ngāti Pāoa should be amended to provide for an end date.

Download Ngāti Pāoa Trust Board v Ngāti Pāoa Iwi Trust - Ngāti Pāoa (233 KB PDF) read more

Māori Reservations – failure to protect funds – trustee and recipient liability – constructive trust – bias – Tata

Tata v Martin - Waiwhakaata 3E 4C Lot 2A Block (Hiimona Marae)

Māori Appellate Court (2020) MB 166 (2020 Appeal 166)

20 April 2020

Unsuccessful appeal from a decision of the Māori Land Court which held that an advisor to trustees and the former trustees of a Māori Reservation trust had breached duties and were liable to repay trust funds.

Download Tata v Martin - Waiwhakaata 3E 4C Lot 2A Block (Hiimona Marae) (427 KB).

Status of land – land remains Māori freehold land despite alienation – Māori Affairs Act 1953 – Moore – Part Oakura F2A

Moore - Oakura F2A

Māori Appellate Court [2020] Māori Appellate Court MB 209 (2020 APPEAL 209)

19 May 2020

Unsuccessful appeal contending that the status of a piece of land (Oakura F2A) was General land. The land remained Māori freehold land. Although it was no longer land held by Māori, the transfer of the land to non-Māori ownership did not follow the requirements in place at the time for the land to be classed as General land.

Download Moore - Part Oakura F2A (234 KB PDF). read more

Comment on Nikora – Tom Bennion

Nikora v Te Uru Taumatua

Māori Appellate Court (2020) 2020 Māori Appellate Court MB 248 (2020 APPEAL 248)

23 June 2020

This was an appeal from the Māori Land Court's refusal to grant an interim injunction halting a trustee appointment process. The appeal was dismissed as the injunction sought was not available on the facts. However, the Court affirmed that the Māori Land Court has jurisdiction to grant orders relating to a trust for settlement purposes and controlling General land held by Māori. We have reported the decision here. Consultant editor Tom Bennion comments on the decision.

Rehearing – granted out of time – no notice – Ua

Ua v Ua - Succession to Te Waharoa Cookson-Ua

Māori Land Court (2020) 64 Te Waipounamu MB 2 (64 TWP 2)

24 June 2020

The Court granted an application out of time for a rehearing of a succession application.

Download Ua v Ua - Succession to Te Waharoa Cookson-Ua (264 KB PDF) read more

Chief Judge’s powers – creation of whenua tōpū trust – breach of natural justice – Stirling

Stirling - Opape No 1 No 1B

Māori Land Court (2020) Chief Judge's MB 526 (2020 CJ 526)

26 June 2020

The Court granted an application for the exercise of the Chief Judge's powers to cancel a whenua tōpū trust. In breach of natural justice, the Court had created a whenua tōpū trust on its own motion, instead of the whānau trust that the applicant had sought.

Download Stirling - Opape No 1 No 1B (332 KB PDF)

Ownership of house – inclusion among interests vested in whānau trust – Herewini

Herewini - Te Tii Mangonui A3

[2020] Māori Appellate Court MB 54 (2020 APPEAL 54)

28 February 2020

Reversing the decision under appeal, the Māori Appellate Court decided that a house was included in interests vested in a whānau trust and was not owned separately.

Download Herewini - Te Tii Mangonui A3 (238 KB PDF).

Trusts – repay sums to trust – quantified – Pook

Pook v Matchitt - Matangareka 3B Block

Māori Appellate Court (2020) MB 126 (2020 Appeal 126)

20 March 2020

Unsuccessful appeal, with final quantification of trust funds due to be repaid.

Download Pook v Matchitt - Matangareka 3B Block (302 KB, PDF).

Trusts – partial termination – whānau trust – trustees failed in duties – Scott

Scott - Tiaho Mateparae Whānau Trust

Māori Land Court (2020) 417 Aotea MB 123 (417 AOT 123)

26 June 2020

Application for partial termination of a whānau trust granted.

Download Scott - Tiaho Mateparae Whānau Trust (155 KB PDF)

Succession – gift under will – succession to hapū land interests – Fleet

Fleet v Kennedy

Māori Appellate Court (2020) MB 46 (2020 APPEAL 46)

28 February 2020

Unsuccessful appeal from a decision of the Māori Land Court which determined that the respondent was entitled to succeed to some of the Māori land interests gifted to him by the deceased's will.

Download Fleet v Kennedy (151 KB, PDF).

Chief Judge’s powers – succession – breach of natural justice – rehearing – Tairua

Tairua v Aati - Mere Hare Kerepeti

(2020) Māori Appellate Court MB 224 (2020 APP 224)

8 June 2020

This was an appeal from a decision of the Chief Judge to amend a succession order. The grounds on appeal included a lack of notice. The appeal was allowed and matter referred back to the Chief Judge for rehearing.

Download Tairua v Aati - Mere Hare Kerepeti (287 KB PDF)

Occupation order – leave refused to appeal out of time – Insley

Insley v Insley

Māori Appellate Court (2020) Māori Appellate Court MB 29 (2020 APPEAL 29)

12 February 2020

Application to appeal a decision to not grant occupation orders on Māori freehold land. The appellant also sought leave to appeal out of time. The Court refused to grant leave and indicated the proposed appeal was without merit.

Download Insley v Insley (254 KB PDF) here.

Status of land – partition – no jurisdiction to change status of part of parcel of land – Tumu Kaituna 14 Trust

Short v Stowers

Māori Appellate Court (2020) 2020 Māori Appellate Court MB 141 (2020 APPELLATE 141)

9 April 2020

Appeal from the trustees of the Tumu Kaituna 14 Trust against a decision of the Māori Land Court where the Court dismissed an application for a trust order variation and a change of status of part of their Māori freehold land title to General land. Appeal allowed in part, while the application for change of status of land was correctly dismissed, the trust order variation should have been adjourned to allow for a more robust engagement process with owners.

Download RD Short v Stowers (274 KB PDF). read more

Partition – granted – sufficient notice and degree of support – mortgage finance – District Plan consent requirements – Tau

Tau v Pitama - Kaiapoi Section 149B

Māori Land Court (2020) 62 Te Waipounamu MB 169 (62 TWP 169)

28 April 2020

A judgment granting an application to partition land to facilitate granting of a mortgage.

Download Tau v Pitama (252 KB PDF).

Injunction – unavailable on facts – Moke clearly applies – Nikora

Nikora v Te Uru Taumatua

Māori Appellate Court (2020) 2020 Māori Appellate Court MB 248 (2020 APPEAL 248).

23 June 2020

Appeal from the Māori Land Court's refusal to grant an interim injunction halting a trustee appointment process. The appeal was dismissed as the injunction sought was not available here on the facts. However, the Court affirmed that the Māori Land Court has jurisdiction to grant orders relating to a trust for settlement purposes and over General land held by Māori. In addition to the case report below, Māori Law Review consultant editor Tom Bennion comments on the decision here.

Download Nikora v Te Uru Taumata - 2020 APPEAL 248 (308 KB PDF). read more

Māori Reservations – eligibility to vote – beneficiaries of Pouākani Marae – Hamon

Hamon v Te Maari - Mangakino Pouākani Marae

Māori Land Court (2020) 233 Waiariki MB 296 (233 WAR MB 296)

3 June 2020

A judgment determining who are entitled to participate and vote in the affairs of the Pouākani Marae. The current trustees argue it is only those Māori who still live in the area, however, the applicants argue that it is those Māori who associate with the Marae regardless of where they reside.

Download Hamon v Te Maari - Mangakino Pouākani Marae (307 KB PDF)