Mahuru 2022 September – Contents

Te Kōti Mana Nui – Supreme Court

Procedure - leave to appeal declined - Stafford v Attorney-General [2022] NZSC 108

Te Kōti Pīra – Court of Appeal

Takutai moana - strike out - nationwide application - Paul v Attorney-General [2022] NZCA 443 - Elizabeth Derby

Te Kōti Pīra Māori – Māori Appellate Court

Chief Judge's powers - appeal from use allowed - joint tenancy - Tuwhangai v Boon - Kawhia U2B [2022] Māori Appellate Court MB 347 (2022 APPEAL 347) - Elizabeth Derby

Trusts - restraint on trustee standing for election - Melrose v Porter - Torere Section 58 (2022) Māori Appellate Court MB 209 (2022 APPEAL 209) - Elizabeth Derby

2022 Māori Appellate Court judgments - index

2021 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Injunction - permanent - rehearing - granted - Kurei v Shaw - Waioeka Lot 435 (2022) 281 Waiariki MB 60 (281 WAR 60) - Kaea Hudson

Injunction - permanent - trespass - Duncan v Osborn - Koukourarata Māori Reserve 874 1C2 Block (2022) 78 Te Waipounamu MB 267 (78 TWP 267) - Elizabeth Derby

Chief Judge's powers - succession - Schimanski - Succession to Tamati Hapimana (2022) Chief Judge's MB 489 (2022 CJ 489) - Elizabeth Derby

Chief Judge's powers - partition - Karaitiana - Runanga 2E (2022) Chief Judge's MB 454 (2022 CJ 454) - Elizabeth Derby

Rehearing - new evidence - levels of support - Yuile v Smith - Tuahu 6 (2022) 113 Tairawhiti MB 198 (113 TRW 198) - Elizabeth Derby

2022 Māori Land Court judgments - index

2021 Māori Land Court judgments - index

Sir Edward Taihakurei Durie student essay competition 2022

Entries are open for the 2022 Sir Edward Taihakurei Durie student essay competition sponsored by the Māori Law Review. For details see this page


Takutai moana – strike out – nationwide application – Paul

Paul v Attorney-General

Court of Appeal [2022] NZCA 443

27 September 2022

Appeal against a High Court judgment striking out an application on behalf of all Māori seeking an order recognising customary marine title in respect of the entire marine and coastal area of New Zealand.

Download Paul v Attorney-General (312 KB PDF).

read more

Costs – amicable whānau relationships – Yuile

Yuile v Smith - Tuahu 6 Block

Māori Land Court (2022) 114 Tairawhiti MB 95 (114 TRW 95)

23 September 2022

Costs decision from two earlier applications. The first sought an occupation order over the Tuahu 6 Block and was declined. The second sought a rehearing and was accepted, but then later withdrawn.

Download Yuile v Smith - Tuahu 6 Block (188 KB PDF). read more

Chief Judge’s powers – appeal from use allowed – joint tenancy – Tuwhangai

Tuwhangai v Boon - Kawhia U2B

[2022] Māori Appellate Court MB 347 (2022 APPEAL 347)

22 September 2022

Successful appeal from an exercise of the Chief Judge's power to amend an order that had land purchasers as joint tenants.

Download Tuwhangai v Boon - Kawhia U2B (313 KB PDF). read more

Chief Judge’s powers – partition – Karaitiana

Karaitiana - Runanga 2E

Māori Land Court [2022] Chief Judge's MB 454 (2022 CJ 454)

22 September 2022

Application to amend orders in respect of a partition application made in 1986 and orders for amendment of the Court record in relation to Runanga E Block.

Download Karaitiana - Runanga 2E (221 KB PDF). read more

Procedure – leave to appeal declined – Stafford

Stafford v Attorney-General

Supreme Court [2022] NZSC 108

9 September 2022

Unsuccessful application for leave to appeal from a Court of Appeal decision dismissing an appeal from a decision of the High Court declining to grant relief in judicial review proceedings.

Download Stafford v Attorney-General (247 KB PDF).

read more

Trusts – restraint on trustee standing for election – Melrose

Melrose v Porter - Torere Section 58

Māori Appellate Court (2022) Māori Appellate Court MB 209 (2022 APPEAL 209)

7 July 2022

Appeal of orders made by the Māori Land Court replacing the trustees of the Torere Section 58 Trust. The appellants claimed that the directions given by the Māori Land Court for the election of new trustees were ambiguous, and they sought to have another meeting of owners called in order to hold another trustee election.

Download Melrose v Porter - Torere Section 58 (360 KB PDF). read more

Succession – rehearing – order varied – Roberts

Roberts v Paul - Succession to Riana Margaret Eru

Māori Land Court (2022) 254 Taitokerau MB 129 (254 TTK 129)

19 September 2022

Decision, on a rehearing, of a succession application.

Download Roberts v Paul - Succession to Riana Margaret Eru (221 KB PDF). read more

Injunction – permanent – rehearing – granted – Kurei

Kurei v Shaw - Waioeka Lot 435

Māori Land Court (2022) 281 Waiariki MB 60 (281 WAR 60)

15 September 2022

On a rehearing, an application for a permanent injunction to prevent trespass was granted.

Download Kurei v Shaw - Waioeka Lot 435 (212 KB PDF). read more

Chief Judge’s powers – succession – Schimanski

Schimanski - Succession to Tamati Hapimana

Māori Land Court (2022) Chief Judge's MB 489 (2022 CJ 489)

6 September 2022

Application to amend a succession order. The applicant claimed that her mother was the daughter of the deceased and this was not made known to the Court at the time of the order.

Download Schimanski - Succession to Tamati Hapimana (672 KB PDF). read more

Rehearing – new evidence – levels of support – Yuile

Yuile v Smith - Tuahu 6

Māori Land Court (2022) 113 Tairawhiti MB 198 (113 TRW 198)

2 September 2022

Application for a rehearing. The applicant had sought an occupation order over the Tuahu 6 Block, which the Court dismissed in June 2022.

Download Yuile v Smith - Tuahu 6 (211 KB PDF). read more

Injunction – permanent injunction – trespass – Duncan

Duncan v Osborn - Koukourarata Māori Reserve 874 1C2 Block

Māori Land Court (2022) 78 Te Waipounamu MB 267 (78 TWP 267)

1 September 2022

Application for a permanent injunction to prevent trespass on an occupation area.

Download Duncan v Osborn - Koukourarata Māori Reserve 874 1C2 Block (352 KB PDF). read more