Māori Law Review

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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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)

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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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

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

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

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

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

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

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

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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