Goldsmith - Matata Parish Allotment 846
Māori Land Court (2021) 263 Waiariki MB 206 (263 WAR 206)
20 October 2021
Application seeking a direction from the Court authorising the accountant of the Kopuatāwhiti Māori Lands Trust to act as a signatory to the trust's accounts.
Download Goldsmith - Matata Parish Allotment 846 (206 KB PDF). read more
Trans-Tasman Resources Limited v The Taranaki-Whanganui Conservation Board
Supreme Court [2021] NZSC 127
30 September 2021
The Supreme Court upheld the decision to reject the approval of Trans-Tasman Resources Limited’s application to mine for iron sands offshore. The decision is a significant win for affected iwi and represents a step forward for our understanding of Te Tiriti o Waitangi principles and the consideration to be given to Māori rights under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012. While the Supreme Court unanimously accepted that tikanga is an applicable law, key complexities of how tikanga applies in the New Zealand courts were left for another day.
Download Trans-Tasman Resources Limited v The Taranaki-Whanganui Conservation Board (1 MB PDF).
Hunia v Skerrett-White - Kawerau A8D
Māori Land Court (2021) 263 Waiariki MB 93 (263 WAR 93)
15 October 2021
Decision dealing with procedural aspects surrounding the earlier removal of trustees from the Kawerau A8D Trust.
Download Hunia v Skerrett-White -Kawerau A8D (260 KB PDF). read more
Re Clarkson
High Court [2021] NZHC 1968
30 July 2021
Unsuccessful application for customary marine title on the basis that such an application would exclude others who also have interests, and the Court was not convinced that the application group had a mandate from others. The applicants were invited to re-submit their application as being for non-exclusive protected customary rights.
Download Re Clarkson (1.5 MB PDF).
Carley - Succession to Herbert Adams
Māori Land Court (2021) Chief Judge's MB 1264 (2021 CJ 1264)
23 September 2021
Application to amend a succession order due to an alleged error, which resulted in the applicant's whānau being unable to have their great uncle's interests in Māori land succeeded to by his immediate whānau. This was due to a mistake. The Court granted the application and amended the order.
Download Carley - Succession to Herbert Adams (343 KB PDF) read more
Hiroti - Succession to Rira Peti Hiroti
Māori Land Court (2021) 72 Te Waipounamu MB 271 (72 TWP 271)
17 September 2021
Application brought by the Deputy Registrar seeking orders to divide shares in a South Island Landless Natives Land block ('SILNA land') equally between two adopted children. The application was opposed by one of the children, who submitted that he is entitled to succeed to his mother's shares solely. The Court approved the change to the list of potential owners, determining that the two children should receive equal shares in the land.
Download Hiroti - Succession to Rira Peti Hiroti (238 KB PDF) read more
Hita v Hita - Kaihu 1A2E3B2
Māori Land Court (2021) Chief Judge's MB 1233 (2021 CJ 1233)
15 September 2021
An application to amend a succession order based on the claim that the conditional order was finalised and released without the conditions being satisfied (due to unconfirmed evidence of a payment). The Court dismissed the application, finding it highly likely that the receipt provided at the time was in fulfilment of the Court's conditions.
Download Hita v Hita - Kaihu 1A2E3B2 (543 KB PDF) read more
McMeekin v Carkeek - Makuratawhiti 8B2B1
Māori Land Court (2021) 436 Aotea MB 286 (436 AOT 286)
2 September 2021
Application declined for a change of status for a residential section from Māori freehold land status to General land in order to sell the property.
Download McMeekin v Carkeek - Makuratawhiti 8B2B1 (235 KB PDF) read more
York - Matakohe North Eastern Portion Lot 54 Section 3B1 Māori Reservation
Māori Land Court (2021) 235 Taitokerau MB 288 (235 TTK 288)
1 September 2021
Separate applications seeking enforcement of trust obligations and removal of a trustee. The trust was dysfunctional. However, the trustee was not removed.
Download York - Matakohe North Eastern Portion Lot 54 Section 3B1 Māori Reservation (278 KB PDF) read more
Stewart v Manu Ariki Marae Reservation Trust - Manu Ariki Māori Reservation
Māori Land Court (2021) 436 Aotea MB 209 (436 AOT 209)
1 September 2021
Application to determine whether a draft charter should be approved, and whether trustees nominated and elected at that meeting should be appointed. The Court confirmed the adoption of the draft charter and upheld and used the trustee election results in making appointments.
Download Stewart v Manu Ariki Marae Reservation Trust - Manu Ariki Māori Reservation (501 KB PDF) read more
Phillips - Ahipara A4
Māori Land Court (2021) 438 Aotea MB 10 (438 AOT 10)
30 September 2021
Multiple applications to determine ownership of a dwelling, to vary a whānau trust, to replace trustees, to correct a boundary, along with two injunction applications. The Court agreed to replace a trustee and determined the owners of the house. The injunction applications were adjourned. The application to vary the terms of the trust was dismissed.
Download Phillips - Ahipara A4 (333 KB PDF) read more
Te Riaki - Ngongohau 5 - Ngaurukehu A10 Sec 3 and Other Blocks
Māori Land Court (2021) 437 Aotea MB 177 (437 AOT 177)
21 September 2021
The Court approved an alienation by sale from one Māori incorporation to another, relying on the transfer being within the preferred class of alienees.
Download Te Riaki - Ngongohau 5 - Ngaurukehu A10 Sec 3 and Other Blocks (229 KB PDF) read more
Mana whenua - Resource Management Act - Poutama Kaitiaki Charitable Trust and D & T Pascoe v Taranaki Regional Council [2021] NZSC 87 - Elizabeth Derby
Public works - role of the Minister for Land Information - successful appeal - Minister for Land Information v Dromgool [2021] NZCA 44 - Elizabeth Derby
Māori reservation - change of name and change of purpose - mediated outcome - McLeod v Ngā Uri a Mata Ngapo Charitable Trust - Harataunga West 2B2A 1 [2021] Māori Appellate Court MB 319 (2021 APPEAL 319) - Elizabeth Derby
2021 Māori Appellate Court judgments - index
2020 Māori Appellate Court judgments - index
Injunction - license to occupy - Palmer v Harrison - Harataunga West 2B2B2B2 (2021) 227 Waikato Maniapoto MB 276 (227 WMN 276) - Elizabeth Derby
Chief Judge's powers - succession - Nicholas v Caudwell - Succession to Walker Whakaahua Kameta (2021) Chief Judge's MB 1023 (2021 CJ 1023) - Elizabeth Derby
Chief Judge's powers - succession - whakapapa connection - Gay v Tupara-Katu - Succession to Boy Kapua (2021) Chief Judge's MB 1120 (2021 CJ 1120) - Elizabeth Derby
Chief Judge's powers - succession - Tapsell - Succession to Pera Wikiriwhi or Pera Matataia (2021) Chief Judge's MB 1002 (2021 CJ 1002) - Elizabeth Derby
Chief Judge's powers - cancellation of succession - insufficient notice - Julian v Inia - Succession to Moehuarahi Te Ruuri (2021) Chief Judge's MB 1095 (2021 CJ 1095) - Elizabeth Derby
Chief Judge's powers - amendment of succession orders - Wharekawa - Succession to Rewi Maniapoto (Manga) [2021] Chief Judge's MB 1170 (2021 CJ 1170) - Elizabeth Derby
Chief Judge's powers - amendment of succession order - Murrell - Succession to Tuarua Heihei [2021] Chief Judge's MB 1215 (2021 CJ 1215) - Elizabeth Derby
Chief Judge's powers - amendment of succession order - Brown v Edmonds - Succession to Kuini Brown and Mate Ihipera Rewi Tamehana [2021] Chief Judge's MB 988 (2021 CJ 988) - Elizabeth Derby
Costs - successful rehearing application - Bamber v Official Assignee Lot 39 Deposited Plan South-Auckland 3455 (2021) 260 Waiariki MB 137 (260 WAR 137) - Elizabeth Derby
Costs - application outside jurisdiction of Māori Land Court - Ngāti Tai Hapū Inc. v Official Assignee - Lot 6 DP 343 49 (2021) 260 Waiariki MB 123 (260 WAR 123) - Elizabeth Derby
Alienation of land - preferred class of alienee - Dick - Wairau Block XII Section 7B2 and others (2021) 72 Te Waipounamu MB 147 (72 TWP 147)
Status of land - higher sale price - Jacobs - Waiteti No. 2A1B2A1C6 Block (2021) 260 Waiariki MB 110 (260 WAR 110) - Elizabeth Derby
Occupation orders - application to occupy - Te Rito - Whangawehi 13A or Whangawehi 13B (2021) 104 Tairawhiti MB 192 (104 TRW 192) - Hinemoana Markham-Nicklin
Succession - validity of will - Towler - Succession to Mona Towler (2021) 435 Aotea MB 37 (435 AOT 37) - Elizabeth Derby
Succession - whāngai - Grant v Grant - Succession to Harry Grant (2021) 104 Tairawhiti MB 122 (104 TRW 122) - Elizabeth Derby
Trusts - appointment of trustees - Knuckey v Telford - Wahapakapaka 7A (2021) 435 Aotea MB 68 (435 AOT 68) - Elizabeth Derby
Trusts - appointment of trustees - nomination process - Marshall - Otukou Papakāinga Trust (2021) 437 Aotea MB 116 (437 AOT 116) - Elizabeth Derby
Trusts - appointment of trustees - Sionetama - Puketapu E Māori Reservation (2021) 436 Aotea MB 273 (436 AOT 273) - Elizabeth Derby
Trustees - replacement trustees appointed - Ritai - Parihaka Papakāinga Trust (2021) 437 Aotea MB 64 (437 AOT 64) - Elizabeth Derby
Trustees - reduction in number - process to amend charter - Cottrell - Wharerangi 9 and 10 Blocks (2021) 91 Tākitimu MB 85 (91 TKT 85) - Hinemoana Markham-Nicklin
Partition - granted pending valuation - Karangaroa v Te Rito - Whangawehi 13A and 13B (2021) 104 Te Tairawhiti MB 200 (104 TRW 200) - Hinemoana Markham-Nicklin
Encroachment - relief - Marshall v Ratu - Whangape Lot 65B Sec 2A Block (2021) 227 Waikato Maniapoto MB 148 (227 WMN 148) - Elizabeth Derby
2021 Māori Land Court judgments - index
2020 Māori Land Court judgments - index
Waitangi Tribunal procedure - application for urgent hearing - remand prisoners (Wai 3008, #2.5.8) - Elizabeth Derby
Waitangi Tribunal procedure - application for urgent inquiry adjourned - social security (Wai 3015, #2.5.6) - Elizabeth Derby
Waitangi Tribunal procedure - urgent inquiry declined - litigation funding (Wai 3006, #2.5.9) - Elizabeth Derby
Entries are open for the 2021 Sir Edward Taihakurei Durie student essay competition sponsored by the Māori Law Review. For more information and details on how the competition operates go here. Entries will close at 5 p.m. on Friday 1 Whiringa-ā-nuku (October) 2021.
Minister for Land Information v Dromgool
Court of Appeal [2021] NZCA 44
5 March 2021
Appeal by the Minister for Land Information from a High Court decision which had set aside an Environment Court report concluding that the taking of land to enable construction of an electricity transmission line would be fair, sound, and reasonably necessary.
Download Minister for Land Information v Dromgool (753 KB PDF).
McLeod v Ngā Uri a Mata Ngapo Charitable Trust - Harataunga West 2B2A 1
[2021] Māori Appellate Court MB 319 (2021 APPEAL 319)
23 September 2021
The Court gave effect to a mediated outcome of the subject of this appeal - changing the name and purpose of a reservation.
Download McLeod v Ngā Uri a Mata Ngapo Charitable Trust - Harataunga West 2B2A 1 (164 KB PDF). read more
Brown v Edmonds - Succession to Kuini Brown and Mate Ihipera Rewi Tamehana
Māori Land Court [2021] Chief Judge's MB 988 (2021 CJ 988)
22 July 2021
Application to amend a succession order. The applicant claimed the order was incorrect due to a mistake, error, or omission in the presentation of the facts of the case to the Court as the applicant's father was included in succession to land interests without his participation or consent.
Download Brown v Edmonds - Succession to Kuini Brown and Mate Ihipera Rewi Tamehana (294 KB PDF). read more
Murrell - Succession to Tuarua Heihei
Māori Land Court [2021] Chief Judge's MB 1215 (2021 CJ 1215)
31 August 2021
Application under s 45 of Te Ture Whenua Māori Act 1993 to amend a succession order. The applicants claimed that the original succession order had excluded the deceased's daughter from succeeding to his Māori land interests.
Download Murrell - Succession to Tuarua Heihei (260 KB PDF). read more
Wharekawa - Succession to Rewi Maniapoto (Manga)
Māori Land Court [2021] Chief Judge's MB 1170 (2021 CJ 1170)
17 August 2021
Application to amend succession orders to the Māori land interests of Rewi Maniapoto or Rewi Manga made in 1910. The reason for bringing the application was that a person entitled to the Māori land interests was omitted from the succession orders. Directions given.
Download Wharekawa - Succession to Rewi Maniapoto (Manga) (402 KB PDF). read more
Te Rito - Whangawehi 13A or Whangawehi 13B
Māori Land Court (2021) 104 Tairawhiti MB 192 (104 TRW 192)
23 July 2021
Application for occupation orders over Whangawehi 13A and 13B block granted. The Judge was satisfied that granting occupation orders was the best overall use of the land, that the owners of the land had sufficient notice and opportunity to discuss the applications and that the extent of the beneficial interest in the land held by the applicants justified the occupation orders.
Download Te Rito - Whangawehi 13A or Whangawehi 13B (254 KB PDF) read more
Karangaroa v Te Rito - Whangawehi 13A and 13B
Māori Land Court (2021) 104 Te Tairawhiti MB 200 (104 TRW 200)
23 July 2021
Application for partition order over Whangawehi 13A and 13B granted pending receiving a valuation within one month and the area sought is varied. The Judge was not convinced that the entire area sought was required and instead asserted that the part known as Whangawehi 13B would be sufficient to meet the development needs of the whānau.
Download Karangaroa v Te Rito - Whangawehi 13A and 13B(247 KB PDF). read more
Decision on application for urgent hearing - a claim by Awatea Mita on behalf of Māori remand prisoners and Māori generally
Waitangi Tribunal (Wai 3008, #2.5.8)
9 August 2021
Decision concerning an application by Awatea Mita (the applicant) on behalf of Māori remand prisoners and Māori generally for an urgent hearing regarding the Bail Amendment Act 2013 (the Act).
Download Decision on application for urgent hearing - a claim by Awatea Mita on behalf of Māori remand prisoners and Māori generally (503 KB, PDF). read more
Poutama Kaitiaki Charitable Trust and D & T Pascoe v Taranaki Regional Council
Supreme Court [2021] NZSC 87
15 July 2021
Application for leave to appeal a High Court decision upholding an Environment Court decision concerning the re-routing of State Highway 3 through the Mangapēpeke forest and wetlands near Mt Messenger and north of New Plymouth.
Download Poutama Kaitiaki Charitable Trust and D & T Pascoe v Taranaki Regional Council (195 KB PDF).
Ngāti Tai Hapū Inc. v Official Assignee - Lot 6 DP 343 49
Māori Land Court (2021) 260 Waiariki MB 123 (260 WAR 123)
27 August 2021
Decision on costs following an earlier decision dismissing an injunction application by Ngāti Tai Hapū Incorporation on the basis that they did not have standing to bring the application and the subject land was General land that was outside the jurisdiction of the Māori Land Court.
Download Ngāti Tai Hapū Inc. v Official Assignee - Lot 6 DP 343 49 (228 KB PDF). read more
Bamber v Official Assignee Lot 39 Deposited Plan South-Auckland 3455
Māori Land Court (2021) 260 Waiariki MB 137 (260 WAR 137)
27 August 2021
Costs decision following a successful rehearing application by the Official Assignee.
Download Bamber v Official Assignee Lot 39 Deposited Plan South-Auckland 3455 (243 KB PDF). read more
Gay v Tupara-Katu - Succession to Boy Kapua
Māori Land Court (2021) Chief Judge's MB 1120 (2021 CJ 1120)
12 August 2021
Application to amend succession orders because succession was granted to whāngai children who did not whakapapa to the land. The applicant claimed that documents before the Court were falsified and that she was not notified of the initial application, despite being a sister of the deceased.
Download Gay v Tupara-Katu - Succession to Boy Kapua (292 KB PDF). read more