Chief Judge’s powers – succession order – dismissed – Broughton

Broughton - Piripi Tairawhiti Totorewa

Māori Land Court [2020] Chief Judge’s MB 63 (2020 CJ 63)

4 February 2020

Application to amend a succession order dismissed.

Download Broughton - Piripi Tairawhiti Totorewa (208 KB PDF).

read more

Chief Judge’s powers – succession order – administrative errors only – Te Awe Awe

Te Awe Awe v Te Awe Awe - Estate of Pipi Rakene or Pipi Te Awe Awe

Māori Land Court [2019] Chief Judge's MB 1414 (2019 CJ 1414)

11 December 2019

Application seeking to amend a succession order dismissed.

Download Te Awe Awe v Te Awe Awe - Estate of Pipi Rakene or Pipi Te Awe Awe (258 KB PDF). read more

Chief Judge’s powers – roadway – error of fact – ownership corrected – Rata

Rata – Whataarakai No 1 Roadway and Lot 1 Deposited Plan 374627

Māori Land Court [2020] Chief Judge’s MB 74 (2020 CJ 74-96)

7 February 2020

Application seeking to cancel previous orders concerning a roadway.

Download Rata – Whataarakai No 1 Roadway and Lot 1 Deposited Plan 374627 (433 KB)

read more

Roadways – ownership rights – no distinction between legal or physical access – New Zealand Transport Agency

New Zealand Transport Agency - Kaiti 336F Roadway

Māori Land Court (2020) 92 Tairāwhiti MB 287 (92 TRW 287)

3 February 2020

Application to determine the ownership of the Kaiti 336F Roadway and a claim to the ownership of the roadway.

Download New Zealand Transport Agency - Kaiti 336F Roadway (486 KB PDF).

read more

Chief Judge’s powers – succession – granted – joint tenancy instead of tenancy in common – Clarke

Clarke v Overington 

Māori Land Court [2020] Chief Judge’s MB 35 (2020 CJ 35)

3 February 2020

Application to amend entry of status orders relating to Maketu A Section 39 Block and Lot 2 Deposited Plan South Auckland 25586 and to cancel subsequent succession orders relating to the applicant's husband granted. The applicant and her husband should have been recorded as joint tenants rather than tenants in common.
Download Clarke v Overington (268 KB PDF).

read more

Chief Judge’s powers – earlier orders amended – mistake – lack of credibility – evidence of forgery – Mokaraka

Mokaraka - Waima C8

Maori Land Court [2019] Chief Judges MB 1137 (2019 CJ 1137)

1 November 2019

Application seeking to amend succession orders relating to the Waima C8 block. The Court concluded that there were sufficient grounds to establish that signatures had been forged and therefore it was in the interests of justice to remedy the mistake.

Download Mokaraka - Waima C8 (419 KB PDF). read more

Trusts – trustee removal – inquiry into conduct – strike out dismissed – Hutcheson

Hutcheson v Clarkson - Mangamaire B2 Trust

Māori Land Court (2019) 81 Takitimu MB 52 (81 TKT 52)

24 December 2019

An interim judgment determining whether an application to remove trustees should be struck out and to decide whether the Court inquire into trustee conduct.

Download Hutcheson v Clarkson (252 KB PDF).

read more

Trusts – trustee removal – ineligible for re-election – D J Bethel Family Trust

D J Bethel Family Trust

Māori Land Court (2019) 408 Aotea MB 210 (408 AOT 210)

4 December 2019

An interim judgment concerning the Rangitatau Waitōtara 3C2B2 and 3C2B3 Trust. The Court removed trustees, for cause, and ruled those persons ineligible for re-election.

Download D J Bethel Family Trust (188 KB PDF).

read more

Trusts – trustee appointment – fair and transparent election process – Buchanan

Buchanan- Waimahana D3B3

Māori Land Court (2019) 204 Taitokerau MB 154

14 November 2019

Application declined to appoint replacement trustees. The election process was not consistent with fair and transparent procedural matters.

Download Buchanan- Waimahana D3B3 (285 KB PDF).

read more

Sir Edward Taihakurei Durie student essay competition 2019 – Ngāi Tai ki Tāmaki Tribal Trust and beyond the balancing exercise

Sir Edward Taihakurei Durie student essay competition 2019

Ngāi Tai ki Tāmaki Tribal Trust and beyond the balancing exercise

Rhianna Morar read more

2020 Māori Appellate Court judgments – index

This table lists the 2020 judgments of the Māori Appellate Court and contains links to reports about the decisions.

For other years: 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, 2023. Follow this link for the 2020 Māori Land Court judgments index.

read more

2020 Māori Land Court judgments – index

This table lists the 2020 judgments of the Māori Land Court and contains links to reports about the decisions.

For other years: 2010201120122013, 20142015, 201620172018, 2019, 2021, 2022, 2023. Follow this link for the 2020 Māori Appellate Court judgments index. read more

Kohi-tātea 2020 January – Contents

Te Kōkiri – Advocacy

2019 Te Hunga Roia Māori Moot - Judge Craig Coxhead

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

Ownership - rehearing - whānau house - previous decision upheld - Black v Nohotima - Ruatoki A Section 22B No 2C No 3 (2019) 228 Waiariki MB 3 - Laura Sturch

Injunction - interim injunction - majority support of trustees - lease obligations - Hennessy v Parkinson - Himatangi Block 7 (2019) 410 Aotea MB 238 (410 AOT 238) - Sam Taylor

Alienation - right of first refusal - notice period for preferred class of alienees - Pocock - Allotment 146D Waimana Parish (2019) 225 Waiariki MB 151 (225 WAR 151-160) - Kelly Mitchell

Succession - occupation order - intestacy - Appleton v Krissansen - Estate of Lavina Dawn Kahukore Appleton (2019) 194 Waikato Maniapoto MB 291 - Laura Sturch

Trusts - trustee removal - breach of trustee duty - active participation - Wynyard v Waata - Manawakore C1 and Manawakore D (Pa Te Aroha Marae) (2019) 205 Taitokerau MB 207 - Laura Sturch

Trusts - trustee removal - construction of marae - duty to act and promote - Ritete v Easthope - Wakapoungakau 2D2B2B2 (2019) 227 Waiariki MB 64 - Laura Sturch

Trusts - ahu whenua trust creation - Finlay – Wairau Block XII Part Sections B and C (2019) 61 Te Waipounamu MB 23 (61 TWP 23) - Zoe Rose-Curnow

2020 Māori Land Court judgments - index

2019 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Waitangi Tribunal procedure - urgent inquiry declined - Lake Horowhenua (Wai 2898, #2.5.2) - Meredith Clement

Ngā Whakaturetanga - Legislation

Public Service Legislation Bill - Crown relationships with Māori - Craig Linkhorn


Trusts – ahu whenua trust creation – Finlay

Finlay – Wairau Block XII Part Sections B and C

Māori Land Court (2019) 61 Te Waipounamu MB 23 (61 TWP 23)

17 December 2019

Successful application to constitute an ahu whenua trust over Wairau Block XII Part Sections B and C (the block). Although some owners objected to the application, the Court did not consider these meritorious, and in any case, a management structure was needed for the property.

Download Finlay – Wairau Block XII  Part Sections B and C (261 KB PDF).

read more

Trusts – trustee removal – construction of marae – duty to act and promote – Ritete

Ritete v Easthope - Wakapoungakau 2D2B2B2

Māori Land Court (2019) 227 Waiariki MB 64

16 December 2019

This application seeking trustee removal was dismissed on the grounds that working towards trust obligations in differing manners does not constitute a breach of trustee duty.

Download Ritete v Easthope (165 KB PDF). 

read more

Trusts – trustee removal – breach of trustee duty – active participation – Wynyard

Wynyard v Waata - Manawakore C1 and Manawakore D (Pa Te Aroha Marae)

Māori Land Court (2019) 205 Taitokerau MB 207

3 December 2019

The Court found breaches of trustee duties but not such as to justify removal of the trustee.

Download Wynyard v Waata (222 KB PDF). 

read more

Ownership – rehearing – whānau house – previous decision upheld – Black

Black v Nohotima - Ruatoki A Section 22B No 2C No 3

Māori Land Court (2019) 228 Waiariki MB 3

20 December 2019

Application for rehearing of a contested claim to ownership of a whānau house. The Court dismissed the applicant's claim to the house due to no evidence that the applicant contributed financially or to its maintenance, and upheld the earlier ruling on ownership.

Download Black v Nohotima (207 KB PDF).

read more

Succession – occupation order – intestacy – Appleton

Appleton v Krissansen - Estate of Lavina Dawn Kahukore Appleton

Māori Land Court (2019) 194 Waikato Maniapoto MB 291

18 December 2019

The Court decided on future benefit from an existing occupation order to ensure the fair occupation, development, and utilisation of Māori freehold land among competing interests.

Download Appleton v Krissansen (155 KB PDF).

read more

Injunction – interim injunction – majority support of trustees – lease obligations – Hennessy

Hennessy v Parkinson - Himatangi Block 7

Māori Land Court (2019) 410 Aotea MB 238 (410 AOT 238)

20 December 2019

An application for an injunction was dismissed. The application was to prevent further excavation and contouring of the Himatangi 7 Block by its lessee. The Court found that the lessee had the required authorisation to carry out the works as part of his obligations under the lease.

Download Hennessy v Parkinson - Himatangi Block 7 (132 KB PDF). read more

Alienation – right of first refusal – notice period for preferred class of alienees – Pocock

Pocock - Allotment 146D Waimana Parish

Māori Land Court (2019) 225 Waiariki MB 151 (225 WAR 151-160)

5 December 2019

Application seeking confirmation of alienation adjourned to allow for the notice period to operate required for the preferred class of alienees to be able to exercise their right of first refusal.

Download Pocock - Allotment 146D Waimana Parish (185 KB PDF). read more