Ritai - Parihaka Papakāinga Trust
Māori Land Court (2021) 437 Aotea MB 64 (437 AOT 64)
10 September 2021
Application to appoint replacement trustees for a marae in accordance with a meeting of beneficiaries.
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Tapsell - Succession to Pera Wikiriwhi or Pera Matataia
Māori Land Court [2021] Chief Judge's MB 1002 (2021 CJ 1002)
23 July 2021
Application seeking amendment of a succession order under s 45 of Te Ture Whenua Māori Act 1993.
Download Tapsell - Succession to Pera Wikiriwhi or Pera Matataia (485 KB PDF). read more
Grant v Grant - Succession to Harry Grant
Māori Land Court (2021) 104 Tairawhiti MB 122 (104 TRW 122)
16 July 2021
Application concerning succession by a whāngai child to Māori land interests.
Download Grant v Grant - Succession to Harry Grant (275 KB PDF). read more
Decision on application for urgent hearing - a claim by Lady Tureiti Moxon on behalf of the National Urban Māori Authority, the Urban Māori Authority members and the whānau they support
Waitangi Tribunal (Wai 3015, #2.5.6)
9 August 2021
Decision concerning an application for an urgent inquiry into the administration of the Social Security Act 2018 by the Ministry of Social Development (MSD) through the department of Work and Income (WINZ).
Download Decision on application for urgent hearing - a claim by Lady Tureiti Moxon on behalf of the National Urban Māori Authority, the Urban Māori Authority members and the whānau they support (427 KB, PDF). read more
Dick - Wairau Block XII Section 7B2 and others
Māori Land Court (2021) 72 Te Waipounamu MB 147 (72 TWP 147)
11 August 2021
Application to transfer interests in five blocks of Māori freehold land located in the former Wairau reserve near Blenheim.
Download Dick - Wairau Block XII Section 7B2 and others (323 KB PDF). read more
Knuckey v Telford - Wahapakapaka 7A
Māori Land Court (2021) 435 Aotea MB 68 (435 AOT 68)
16 July 2021
Decision on whether to appoint the respondent as a responsible trustee of Wahapakapaka 7A Māori Reservation Trust.
Download Knuckey v Telford - Wahapakapaka 7A (202 KB PDF). read more
Nicholas v Caudwell - Succession to Walker Whakaahua Kameta
Māori Land Court [2021] Chief Judge's MB 1023 (2021 CJ 1023)
27 July 2021
Unsuccessful application to amend succession orders.
Download Nicholas v Caudwell - Succession to Walker Whakaahua Kameta (325 KB PDF). read more
Cottrell - Wharerangi 9 and 10 Blocks
Māori Land Court (2021) 91 Tākitimu MB 85 (91 TKT 85)
23 July 2021
Robert Cottrell sought to amend the Wharerangi Marae charter to reduce the minimum number of trustees from seven to five with a quorum of three. The judge was satisfied there was sufficient support. The judge confirmed the amendment on the condition that at the next annual general meeting, the notice includes reference to the change to give the beneficiaries the opportunity to object to the decision.
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Towler - Succession to Mona Towler
Māori Land Court (2021) 435 Aotea MB 37 (435 AOT 37)
16 July 2021
Application for succession orders in the absence of a will. The issue before the Court was whether a handwritten note signed by the deceased could be construed as a will.
Download Towler - Succession to Mona Towler (214 KB PDF). read more
Sionetama - Puketapu E Māori Reservation
Māori Land Court (2021) 436 Aotea MB 273 (436 AOT 273)
31 August 2021
Application for the appointment of trustees to the Puketapu E Māori Reservation Trust.
Download Sionetama - Puketapu E Māori Reservation (266 KB PDF). read more
Marshall - Otukou Papakāinga Trust
Māori Land Court (2021) 437 Aotea MB 116 (437 AOT 116)
31 August 2021
Application for the appointment of replacement trustees to Otūkou Marae, in accordance with the outcome of a meeting of beneficiaries held in 2019.
Download Marshall - Otukou Papakāinga Trust (246 KB PDF). read more
Julian v Inia - Succession to Moehuarahi Te Ruuri
Māori Land Court [2021] Chief Judge's MB 1095 (2021 CJ 1095)
10 August 2021
Application to cancel or amend a succession order on the basis that not all of the deceased's children were given notice of the succession hearing and thus did not have the opportunity to be heard on the matter.
Download Julian v Inia - Succession to Moehuarahi Te Ruuri (397 KB PDF). read more
Palmer v Harrison - Harataunga West 2B2B2B2
Māori Land Court (2021) 227 Waikato Maniapoto MB 276 (227 WMN 276)
18 August 2021
Application for an interim injunction against the trustees of the Harataunga West 2B2B2B2 Trust.
Download Palmer v Harrison - Harataunga West 2B2B2B2 (211 KB PDF). read more
Jacobs - Waiteti No. 2A1B2A1C6 Block
Māori Land Court (2021) 260 Waiariki MB 110 (260 WAR 110)
23 August 2021
Application to change the status of Waiteti No. 2A No. 1B No. 2A No. 1C No. 6 from Māori freehold land to General land.
Download Jacobs - Waiteti No. 2A1B2A1C6 Block (260 KB PDF). read more
Decision on application for urgent hearing - a claim by Te Riwhi Whao Reti, Hau Hereora, Romana Tarau, Karen Herbert and Edward Cook on behalf of Te Kapotai
Waitangi Tribunal (Wai 3006, #2.5.9)
9 August 2021
Decision concerning an application for an urgent inquiry into the Crown acts, omissions, policies and practices regarding Crown funding for kaupapa and urgent inquiries.
Download Decision on application for urgent hearing - a claim by Te Riwhi Whao Reti, Hau Hereora, Romana Tarau, Karen Herbert and Edward Cook on behalf of Te Kapotai (539 KB, PDF). read more
Marshall v Ratu - Whangape Lot 65B Sec 2A Block
Māori Land Court (2021) 227 Waikato Maniapoto MB 148 (227 WMN 148)
12 August 2021
Application to determine ownership of a homestead situated on the Whangape Lot 65B Sec 2A Block, and seeking an order granting the applicant relief from encroachment with the right to remain on the land.
Download Marshall v Ratu - Whangape Lot 65B Sec 2A Block (400 KB PDF). read more
Re-thinking systemic deprivation sentencing discounts - Oliver Fredrickson
Ngā whakahaere rauemi - natural resource management – assessment of cultural effects – consideration of alternatives – Tauranga Environmental Protection Society Incorporated v Tauranga City Council [2021] NZHC 1201 - Tom Bennion
Licences - lake owner licensing commercial activities - Tūwharetoa Māori Trust Board v Taupō Waters Collective Limited [2020] NZHC 1871 - Craig Linkhorn
Injunction - appeal - decision-making vested in trustees - Baker - Tataraakina C Trust [2021] Māori Appellate Court MB 308 (2021 APPEAL 308) - Craig Linkhorn
Costs - Nicholas v The Official Assignee - Lot 6 Deposited Plan South Auckland 34349 [2021] Māori Appellate Court MB 312 (2021 APPEAL 312) - Elizabeth Derby
Ownership of dwelling - Ratana v Tihi - Ruatoki B Sections 23 and others [2021] Māori Appellate Court MB 290 (2021 APPEAL 290) - Hinemoana Markham-Nicklin
2021 Māori Appellate Court judgments - index
2020 Māori Appellate Court judgments - index
Procedure - stay pending appeal - Trustees of Tūhoe - Te Uru Taumatua v Nikora (2021) 260 Waiariki MB 103 (260 WAR 103) - Craig Linkhorn
Costs - amicable whānau relationships -MacDonald v MacDonald - Wairau Block XII Section 6C 2C (2021) 72 Te Waipounamu MB 227 (72 TWP 227) - Elizabeth Derby
2021 Māori Land Court judgments - index
2020 Māori Land Court judgments - index
Download the Māori Law Review August 2021 (581 KB PDF)
Nicholas v The Official Assignee - Lot 6 Deposited Plan South Auckland 34349
[2021] Māori Appellate Court MB 312 (2021 APPEAL 312)
25 August 2021
Costs judgment following dismissal of Mr Nicholas' appeal in a case involving foreiture orders.
Download Nicholas v The Official Assignee - Lot 6 Deposited Plan South Auckland 34349 (234 KB PDF) read more
Baker - Tataraakina C Trust
[2021] Māori Appellate Court MB 308 (2021 APPEAL 308)
24 August 2021
Appeal from refusal to order injunction dismissed.
Download Baker - Tataraakina C Trust (208 KB PDF) read more
Tauranga Environmental Protection Society Incorporated v Tauranga City Council
High Court [2021] NZHC 1201
27 May 2021
This was an appeal from an Environment Court decision upholding the grant of consents for relocation of overhead powerlines from an existing site adversely affecting Māori land to a new site near a marae and kōhanga reo. The Court determined that the Environment Court wrongly concluded that there were minimal adverse cultural effects at the new site despite the affected hapū saying otherwise. Also, the Environment Court failed to properly analyse and apply planning documents which required a rigorous assessment of alternatives where Māori cultural interests were adversely affected by a proposal. The matter was referred back to the Environment Court for reassessment and possible further evidence on alternatives.
Download Tauranga Environmental Protection Society Incorporated v Tauranga City Council (920 KB PDF).
Ratana v Tihi - Ruatoki B Sections 23 and others
[2021] Māori Appellate Court 290 (2021 APPEAL 290)
1 August 2021
Unsuccessful appeal challenging a decision of the Māori Land Court that a house is a fixture. The appellant argued the house is a chattel. When considering whether a house is a chattel or fixture, regard must be had to the particular circumstances of the case.
Download Ratana v Tihi - Ruatoki B Sections 23 and others (240 KB PDF)
read more
Trustees of Tūhoe - Te Uru Taumatua v Nikora
Māori Land Court (2021) 260 Waiariki MB 103 (260 WAR 103)
17 August 2021
Partially successful application for a stay of judgment pending appeal. Underlying the appeal about an election process is a question about whether the Land Court has jurisdiction over the trustees of Tūhoe's post-settlement governance entity.
Download Trustees of Tūhoe - Te Uru Taumatua v Nikora (236 KB PDF). read more
Oliver Fredrickson discusses how we might re-think sentencing discounts to reflect systemic deprivation in Aotearoa New Zealand. read more
MacDonald v MacDonald - Wairau Block XII Section 6C 2C
Māori Land Court (2021) 72 Te Waipounamu MB 227 (72 TWP 227)
31 August 2021
Costs judgment following dismissal of an application for possession of one-third of a land block where there were co-owners. No costs awarded.
Download MacDonald v MacDonald - Wairau Block XII Section 6C 2C (207 KB PDF). read more
Tūwharetoa Māori Trust Board v Taupō Waters Collective Limited
High Court [2020] NZHC 1871
23 July 2021
The Tūwharetoa Māori Trust Board sought declarations from the Court about its rights to license commercial activities using Taupō waters. The Court made declarations confirming the Board's ability to operate a commercial licensing regime for Taupō Waters.
Download Tūwharetoa Māori Trust Board v Taupō Waters Collective Limited (481 KB PDF).