Māori Law Review

Te Kōti Matua – High Court

Injunction - Ngāti Kahungunu ki Wairarapa Tāmaki nui-ā-Rua deed of settlement - Griggs and Chamberlain on behalf of Ngāi Tūmapūhia-ā-Rangi Hapū v The Attorney-General [2021] NZHC 2913 - Craig Linkhorn

Te Kōti Pīra Māori – Māori Appellate Court

2021 Māori Appellate Court judgments - index

2020 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Alienation - confirmation - declined - inadequate consideration - Waaka v Goldsmith - Paengaroa North A1 Section 2 (2021) 262 Waiariki MB 37 (262 WAR 37) - Elizabeth Derby

Trusts - continuing to act as trustee after resignation - Witana v Cutforth - Kohewhata 27C2A (2021) 238 Taitokerau MB 150 (238 TTK 150) - Elizabeth Derby

Trusts - trustee removal and replacement - trust varied - Bloor v Karaitiana - Runanga 2E (2021) 259 Waiariki MB 286 (259 WAR 286) - Hinemoana Markham-Nicklin

Trusts - breach of trust - liability to repay funds - removal of trustee - Sherard v Devereux - Otakanini Church Site (2021) 238 Taitokerau MB 185 (238 TTK 185) - Elizabeth Derby

Trusts - trustee misconduct - remedies -Taueki v Sword - Horowhenua 11 (Lake) Block (2021) 437 Aotea MB 86 (437 AOT 86) - Elizabeth Derby

Trusts - review of trust - enforcement of trust - removal of trustees - Puha v Crawford  - Mokoia 19A (2021) 439 Aotea MB 68 (439 AOT 68) - Elizabeth Derby

Trusts - review of trust - trust varied - Bamber - Tahorakuri A (2021) 259 Waiariki MB 274 (259 WAR 274) - Hinemoana Markham-Nicklin

Trusts - interim trustees - obtaining directions - Goldsmith - Matata Parish 63Z Block (2021) 263 Waiariki MB 214 (263 WAR 214) - Elizabeth Derby

Trusts - application for directions - transfer of funds - Wharekura v Skerrett-White - Kawerau A8D (2021) 263 Waiariki MB 71 (263 WAR 71) - Elizabeth Derby

2021 Māori Land Court judgments - index

2020 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Te Mana Whatu Ahuru: Take a Takiwā - report on Te Rohe Pōtae Claims Part VI - Zoe Rose-Curnow

Waitangi Tribunal procedure - urgent inquiry granted - Wairarapa Moana ki Pouākani Incorporation (Smiler) and MacLean Purchases claims - Elizabeth Derby

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Griggs and Chamberlain on behalf of Ngāi Tūmapūhia-ā-Rangi Hapū v Attorney-General

High Court [2021] NZHC 2913

29 October 2021

The Court refused to grant an interim injunction to prevent the Ngāti Kahungunu ki Wairarapa Tāmaki nui-ā-Rua Settlement Trust from signing a deed of settlement of historical claims with the Crown.

Download Griggs and Chamberlain on behalf of Ngāi Tūmapūhia-ā-Rangi Hapū v Attorney-General (372 KB PDF). read more

Māori Land Court (2021) 437 Aotea MB 86 (437 AOT 86)

10 September 2021

Decision following an earlier decision to enforce trust obligations.  Following receipt of further submissions and evidence, the Court determined issues of trustee liability and ineligibility for reappointment.

Download Taueki v Sword - Horowhenua 11 (Lake) Block (389 KB PDF) read more

Māori Land Court (2021) 238 Taitokerau MB 150 (238 TTK 150)

6 October 2021

Decision determining whether an interim injunction should be granted to restrain trustees in relation to a development project, and whether a former trustee was entitled to participate in trustee decisions between the date of his resignation and the date of his removal. The application for an interim injunction was dismissed. The former trustee was entitled to act as a trustee during the period in question.

Download Witana v Cutforth - Kohewhata 27C2A (285 KB PDF) read more

Decision on application for urgent hearing - The Wairarapa Moana ki Pouākani Incorporation (Smiler) and MacLean Purchases claims

Waitangi Tribunal (Wai 3058, #2.5.4); Waitangi Tribunal (Wai 429, #2.44)

29 October 2021

Application for urgent hearing granted. The applicants for the Wairarapa Moana ki Pouākani Incorporation claim filed an application for an urgent hearing, submitting that the advancement of the Ngāti Kahungunu ki Wairarapa Tamaki nui-ā-Rua settlement will settle their Wai 85 claim without their consent. The applicants for the MacLean Purchases claim raised the same issues concerning the Crown's decision to advance the settlement and settle their Wai 429 claim. The urgent hearing was granted on the basis that the Settlement Deed settles both claims and this may breach the principles of the Treaty of Waitangi.

Download Decision on application for urgent hearing - The Wairarapa Moana ki Pouākani Incorporation (Smiler) and MacLean Purchases claims (506 KB, PDF). read more

Māori Land Court (2021) 238 Taitokerau MB 185 (238 TTK 185)

8 October 2021

Decision to determine whether the respondents should account for funds spent in breach of trust; who, out of the trustees, should account for the funds; and whether a trustee should be removed for cause.

Download Sherard v Devereux - Otakanini Church Site (275 KB PDF) read more

Māori Land Court (2021) 259 Waiariki MB 286 (259 WAR 286)

13 August 2021 

Application to remove trustee, replace trustees and vary the trust deed. The Court removed the trustee for failing to satisfactorily carry out trustee duties and failing to manage a conflict of interest. The Court replaced trustees who had passed away or resigned with new trustees and granted variations to the trust deed. 

Download Bloor v Karaitiana - Runanga 2E (275 KB PDF)

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Māori Land Court (2021) 259 Waiariki MB 274 (259 WAR 274) 

10 August 2021 

The case concerns two applications filed in 2012 and 2017 seeking a review of trust and variations to the trust deed to allow for an owners’ hui to be held annually, the payment of trustee fees per meeting and reimbursement for trustees’ travel expenses. Reimbursement for trustees’ travel costs had occurred prior to the variation and trustees were ordered to repay these costs prior to the variation being agreed to. Court granted the variations as sought. 

Download Bamber - Tahorakuri A (300 KB PDF)

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Māori Land Court (2021) 263 Waiariki MB 71 (263 WAR 71)

15 October 2021

Application for directions regarding powers to transfer funds to a charitable trust.

Download Wharekura v Skerrett-White - Kawerau A8D (226 KB PDF) read more

Māori Land Court (2021) 263 Waiariki MB 214 (263 WAR 214)

15 October 2021

Application from an accountant acting for a trust for directions.

Download Goldsmith - Matata Parish 63Z Block (253 KB PDF)

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Māori Land Court (2021) 439 Aotea MB 68 (439 AOT 68)

15 October 2021

Application for a review of trust and for enforcement of the obligations of trust. The Court found that trustees had committed breaches of trust sufficient to warrant their removal.

Download Puha v Crawford  - Mokoia 19A (363 KB PDF) read more

Māori Land Court (2021) 262 Waiariki MB 37 (262 WAR 37)

4 October 2021

Application for confirmation of a proposal to sell shares in a land block. The issue for determination was whether the purchase price was adequate. The Court found it was not adequate.

Download Waaka v Goldsmith - Paengaroa North A1 Section 2 (235 KB PDF) read more

 Te Mana Whatu Ahuru: Report of Te Rohe Pōtae Claims - pre-publication version part VI

Te Rōpū Whakamana i Te Tiriti o Waitangi (Wai 898, 2020)

The Waitangi Tribunal released the sixth and final part of its report on Te Rohe Pōtae Claims at the end of 2020. This report follows on from part V which was released in June 2020. Part VI focusses on the nearly 280 iwi, hapū, whānau, block-specific and district-wide claims lodged in the inquiry. The claims are grouped by takiwā (sub-region), and the Tribunal has attempted to summarise every claim, situate them within their local context, and record any claim-specific findings.

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