Hōngongoi 2022 July – Contents

Te Kōti Pīra – Court of Appeal

Procedure - intervenor - customary marine title legal test - New Zealand Māori Council v Te Kāhui Takutai Moana o Ngā Whānui Me Nga Hapū [2022] NZCA 224 - Elizabeth Derby

Te Kōti Pīra Māori – Māori Appellate Court

2022 Māori Appellate Court judgments - index

2021 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Chief Judge's powers - succession - Koha v Tatana - Succession to Winika Hāwe [2022] Chief Judge's MB 266 (2022 CJ 266) - Craig Linkhorn

Status of land - strike out refused - river bed - Mercury NZ Ltd v Cairns - Pouakani River Bed (2022) 277 Waiariki MB 174 (277 WAR 174) - Craig Linkhorn

Occupation order - refused - ownership of homestead - Yuile v Smith - Tuahu 6 [2022] 112 Tairawhiti MB 20-36 (112 TRW 20-36) - Stuart Leslie

2022 Māori Land Court judgments - index

2021 Māori Land Court judgments - index


Status of land – strike out refused – river bed – Mercury

Mercury NZ Ltd v Cairns - Pouakani River Bed

Māori Land Court (2022) 277 Waiariki MB 174 (277 WAR 174)

1 July 2022

The Court refused Mercury's application to strike out an application to have the Court declare the status of land as Māori customary land. The land in issue is beneath dams and lakes used by Mercury for hydropower purposes along the Waikato River. Associated claims about fiduciary obligations and water interests were also considered.

Download Mercury NZ Ltd v Cairns - Pouakani River Bed (417 KB PDF). read more

Procedure – intervenor – customary marine title legal test – New Zealand Māori Council

New Zealand Māori Council v Te Kāhui Takutai Moana o Ngā Whānui Me Nga Hapū

Court of Appeal [2022] NZCA 224

3 June 2022

Application by the New Zealand Māori Council (the Council) for leave to intervene in the appeals brought against the High Court's decision Re Edwards (Te Whakatōhea No. 2).

Download New Zealand Māori Council v Te Kāhui Takutai Moana o Ngā Whānui Me Nga Hapū (192 KB PDF).

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Chief Judge’s powers – succession – Koha

Koha v Tatana - Succession to Winika Hāwe

Māori Land Court [2022] Chief Judge's MB 266 (2022 CJ 266)

4 July 2022

The Court decided to use the Chief Judge's powers to cancel succession orders made in 1975 and invite a fresh succession application. The wrong law had been applied in 1975 resulting in the deceased's surviving spouse receiving land interests beneficially and the court had failed to consider the possibility of a family arrangement.

Download Koha v Tatana - Succession to Winika Hāwe (359 KB PDF). read more

Occupation order – refused – ownership of homestead – Yuile

Yuile v Smith - Tuahu 6

Māori Land Court (2022) 112 Tairawhiti MB 20-36 (112 TRW 20-36)

23 June 2022

Application to determine ownership of a homestead and for occupation order. Both refused.

Download Yuile v Smith - Tuahu 6 (328 PDF). read more