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).
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
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)
Mōtika Tangata mē Te Tiriti o Waitangi - mate korona mē te noho rāhui i Aotearoa taumata 4 | Human Rights and Te Tiriti o Waitangi: COVID-19 and Alert Level 4 in Aotearoa New Zealand - Toni Love
Land transfer - caveat preventing dealings - removed on appeal - Stafford v Accident Compensation Corporation [2020] NZCA 164 - Craig Linkhorn
2020 Māori Appellate Court judgments - index
2019 Māori Appellate Court judgments - index
Trusts - liability of former trustees to reimburse the trust fund - quantum - Beddoe order - Rātima v Sullivan - Tataraakina C (2019) 79 Tākitimu MB 103 (79 TKT 103) - Reto Blattner de-Vries
Trusts - trustee removal - conflict of interest - equitable damages - interest - Wikiriwhi v Walter - A16.4830 - Oruanui 9 and 10 Block (2020) 232 Waiariki MB 212 (232 WAR 212) - Kelly Mitchell
Trusts - trustee liability - repayment of legal costs - views of beneficial owners - Rātima v Sullivan - Tataraakina C (2019) 81 Takitimu MB 85 (81 TKT 85) - Kelly Mitchell
Trusts - partial termination - whānau trust - dissatisfaction - dwelling to remain in trust - Wallace v Downes - Te Rina Matene Downes Whanau Trust (2020) 414 Aotea MB 81 (414 AOT 81) - Sam Taylor
2020 Māori Land Court judgments - index
2019 Māori Land Court judgments - index
Plant variety rights reform - UPOV 91 accession - Treaty consistency (Wai 2522, 2020) - Craig Linkhorn
Heritage protection - urupā - assessment processes - the Kārewarewa Urupā Report (Wai 2200, 2020) - Zoe Rose-Curnow
Download the Māori Law Review May 2020 (448 KB PDF)
Stafford v Accident Compensation Corporation
Court of Appeal [2020] NZCA 164
15 May 2020
Unsuccessful appeal from the High Court finding there was no caveatable interest justifying Mr Stafford lodging a caveat to prevent dealings against the titles to land owned by the Accident Compensation Corporation (ACC). The caveat Mr Stafford placed on the land was to protect interests claimed on behalf of the owners of the Nelson Tenths. The Crown's duties in relation to the Nelson Tenths did not extend to ACC in its operational functions. A caveat preventing sale of the ACC land could not be sustained.
Download Stafford v Accident Compensation Corporation (922 KB PDF). read more
Wikiriwhi v Walter - A16.4830 - Oruanui 9 and 10 Block
Māori Land Court (2020) 232 Waiariki MB 212 (232 WAR 212)
29 April 2020
A successful application for a review of the Oruanui Lands Trust, the enforcement of trust obligations of trust, and removal of trustees in light of the way a conflict of interest was addressed by trustees.
Download Wikiriwhi v Walter - A16.4830 - Oruanui 9 and 10 Block (328 KB PDF). read more
The Kārewarewa Urupa Report
Waitangi Tribunal (Wai 2200)
25 May 2020
The Waitangi Tribunal has released its report on claims that actions by Heritage New Zealand Pouhere Taonga concerning the Kārewarewa urupā breached Treaty principles of partnership and active protection. The Tribunal concluded there were contemporary breaches of Treaty principles relating to exploratory investigative processes causing prejudice, which it made recommendations about. The Tribunal was precluded from recommending the privately owned land be returned to Maori ownership.
Download The Kārewarewa Urupa Report (4.7 MB PDF). read more
Wallace v Downes - Te Rina Matene Downes Whanau Trust
Māori Land Court (2020) 414 Aotea MB 81 (414 AOT 81)
30 April 2020
A successful application for the partial termination of a whānau trust.
Download Wallace v Downes - Te Rina Matene Downes Whanau Trust (270 KB PDF) read more
Report on the Crown’s policy for the review of the plant variety rights regime
Waitangi Tribunal (Wai 2522) Stage 2
15 May 2020
The Waitangi Tribunal has released its report on claims about the Crown's review of the plant variety rights regime, concluding the reforms were not in breach of the Crown's Tiriti/Treaty obligations to Māori.
Download Report on the Crown’s policy for the review of the plant variety rights regime (1005 KB PDF). read more
Mōtika Tangata mē Te Tiriti o Waitangi: Mate Korona mē te Noho Rāhui i Aotearoa Taumata 4 | Human Rights and Te Tiriti o Waitangi: COVID-19 and Alert Level 4 in Aotearoa New Zealand
Te Kāhui Tika Tangata | Human Rights Commission
April 2020
The Human Rights Commission (Commission) has released a report on Te Tiriti o Waitangi (Te Tiriti) implications resulting from the government's response to the Covid-19 pandemic (Report).
Download Mōtika Tangata mē Te Tiriti o Waitangi: Mate Korona mē te Noho Rāhui i Aotearoa Taumata 4 (341 KB, PDF)
Rātima v Sullivan - Tataraakina C
Māori Land Court (2019) 79 Tākitimu MB 103 (79 TKT 103)
22 October 2019
Application concerning the extent of liability of the former trustees for previous breaches that warranted their removal. The former trustees must repay the trust in relation to honey, fees, travel expenses and legal costs with some allowances made.
Download Rātima v Sulliva - Tataraakina C (488 KB PDF). read more
Rātima v Sullivan - Tataraakina C
Māori Land Court (2019) 81 Takitimu MB 85 (81 TKT 85)
24 December 2019
Judgment confirming that former trustees of Tataraakina C Trust should repay legal costs incurred. This determination followed a meeting of beneficial owners to obtain their views.
Download Rātima v Sullivan (123 KB PDF).
Tikanga Māori - existing legal interests - Treaty clause not necessarily exhaustive - Trans-Tasman Resources v Taranaki-Whanganui Conservation Board [2020] NZCA 86 - Craig Linkhorn
Resource management - appeal and judicial review - proper regard to Treaty principles - Māori Advisory Committee - quashed - Klink v Environmental Protection Authority and Coastal Resources Ltd [2019] NZHC 3161 - Toni Love
Judicial review - interim order - interested party status - memorialised land remedies - Mercury NZ Ltd v Waitangi Tribunal [2020] NZHC 598 - Craig Linkhorn
2020 Māori Appellate Court judgments - index
2019 Māori Appellate Court judgments - index
Costs - 80% awarded - applicants acted unreasonably -Stewart v Eru - Succession to Teressa Ivor Silcock (2020) 200 Waikato Maniapoto MB 184 (200 WMN 184) - Kelly Mitchell
Costs - order for partial costs - recalled decision - Austen - Okahu 4D and other blocks (2020) 209 Taitokerau MB 150 (209 TTK 150-157) - Kelly Mitchell
Succession - ownership of fixture - transmission by survivorship - Kake - Estate of Aldyth Isabel Kake (2020) 209 Taitokerau MB 134 (209 TTK 134-148) - Kelly Mitchell
Partition - ownership of dwelling - both applications dismissed - no support from other owners - Atutahi - Ototoika A14 Block (2020) 201 Waikato Maniapoto MB 153 (201 WMN 153) - Sam Taylor
Trusts - trustee appointment - insufficient notice of election - issue of trusteeship not clear - Wharerau v Wade - Whakarewarewa Lot 29 Block (Wāhiao Meeting House) (2020) 232 Waiariki MB 44 (232 WAR 44) - Kelly Mitchell
Māori reservations - trustee removal - consequences - McLeod - Mangatawa 2B 2A Block (Tamapahore Marae) (2020) 201 Waikato Maniapoto MB 145 (201 WMN 145) - Zoe Rose-Curnow
2020 Māori Land Court judgments - index
2019 Māori Land Court judgments - index
Remedies recommendations - preliminary decision - Wairarapa ki Tararua district inquiry - Decision preliminary to interim recommendations (Wai 863, #2.835) - Zoe Rose-Curnow
Maniapoto mandate inquiry report (Wai 2858, 2019) - Zoe Rose-Curnow
Download the Māori Law Review April 2020 (384 KB PDF)
Mercury NZ Ltd v Waitangi Tribunal
High Court [2020] NZHC 598
23 March 2020
The High Court refused to make an interim order while the applicant's substantive judicial review case was determined. The interim order was sought to prevent the Waitangi Tribunal from issuing an initial determination of decisions on applications for resumption of memorialised properties.
Download Mercury NZ Ltd v Waitangi Tribunal (212 KB PDF). read more
Trans-Tasman Resources v Taranaki-Whanganui Conservation Board
Court of Appeal [2020] NZCA 86
3 April 2020
This was an unsuccessful appeal from the High Court, which had set aside marine consents and marine discharge consents granted by the Environmental Protection Authority. In the course of its judgment the Court of Appeal discussed how the decision-maker had engaged with tikanga Māori and Tiriti principles in identifying and considering the impact of the proposed consents on existing interests.
Download Trans-Tasman Resources v Taranaki-Whanganui Conservation Board (155 KB PDF).
Atutahi - Ototoika A14 Block
Māori Land Court (2020) 201 Waikato Maniapoto MB 153 (201 WMN 153)
7 April 2020
Applications for partition and for an order declaring that the applicant was the owner of a dwelling located on the Ototoika A14 Block dismissed. There was insufficient owner support and no evidence it was necessary for the effective operation, development and utilisation of land. The applicant had no ownership rights in the dwelling.
Download Atutahi - Ototoika A14 Block (286 KB PDF). read more
Austen - Okahu 4D and other blocks
Māori Land Court (2020) 209 Taitokerau MB 150 (209 TTK 150-157)
18 March 2020
Award of 50% of costs incurred. The context involved a decision to recall the original judgment.
Download Austen - Okahu 4D and other blocks (187 KB PDF).
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).
Klink v Environmental Protection Authority and Coastal Resources Ltd
High Court [2019] NZHC 3161
3 December 2019
This appeal and judicial review, of a decision by the Environmental Protection Authority to grant a marine dumping consent, was granted and the consent decision quashed. The matter was referred back to the Environmental Protection Authority for reconsideration. In particular, on the reconsideration, to have regard to the advice of the Māori Advisory Committee for meaningful engagement with local iwi authorities and groups who may be affected by the application.
Download Klink v Environmental Protection Authority and Coastal Resources Ltd (545 KB PDF).
Stewart v Eru - Succession to Teressa Ivor Silcock
Māori Land Court (2020) 200 Waikato Maniapoto MB 184 (200 WMN 184)
12 March 2020
Application for costs following a withdrawn succession application. Award of 80% of incurred costs. The applicants acted unreasonably during the application process.
Download Stewart v Eru - Succession to Teressa Ivor Silcock (265 KB PDF).
Kake - Estate of Aldyth Isabel Kake
Māori Land Court (2020) 209 Taitokerau MB 134 (209 TTK 134-148)
18 March 2020
Applications to determine ownership of a house along with succession and cancellation or amendment of an occupation order.
Download Kake - Estate of Aldyth Isabel Kake (234 KB PDF) when available.
Wharerau v Wade - Whakarewarewa Lot 29 Block (Wāhiao Meeting House)
Māori Land Court (2020) 232 Waiariki MB 44 (232 WAR 44)
20 March 2020
Application seeking to replace the trustees of Wāhiao Marae (Whakarewarewa Lot 29 Māori Reservation) following elections held at the annual meeting. The Court dismissed the application. There was insufficient notice and it was not clear enough that an election of trustees was to be held at the annual meeting.
Download Wharerau v Wade - Whakarewarewa Lot 29 Block (Wāhiao Meeting House) (229 KB PDF).
The Maniapoto Mandate Inquiry Report
Waitangi Tribunal (Wai 2858)
11 December 2019
The Waitangi Tribunal inquired into claims about the Crown’s recognition of the Maniapoto Māori Trust Board’s mandate to negotiate a settlement of Ngāti Maniapoto historical claims.
Download The Maniapoto Mandate Inquiry Report (1.67 MB, PDF). read more
Decision preliminary to interim recommendations
Waitangi Tribunal (Wai 863, #2.835)
24 March 2020
After hearing evidence and submissions about remedies to address prejudice found by the Tribunal in its Wairarapa ki Tararua district inquiry, the Tribunal decided that it would proceed to make binding recommendations for the return of land to Wairarapa Māori but would do so to a suitable recipient entity.
Download Decision preliminary to interim recommendations (when available). read more
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
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
2020 Māori Appellate Court judgments - index
2019 Māori Appellate Court judgments - index
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
Family law - relationship property - review - Te Arotake i te Property (Relationships) Act 1976 - Zoe Rose-Curnow
Ngāi Tai ki Tāmaki Tribal Trust and beyond the balancing exercise - Rhianna Morar
Download the Māori Law Review March 2020 (582 KB PDF)