Tau v Attorney-General
High Court [2022] NZHC 2604
10 October 2022
Decision concerning the terms of a tailored discovery order between Ngāi Tahu and the Crown. This comes after the Court dismissed an application by Ngāi Tahu to have the existence of its pūtake-mauka and rangatiratanga entitlements over wai māori (fresh water) determined as a preliminary question.
Download Tau v Attorney-General (359 KB PDF). read more
Whanarua Beachfront Property Owners Group Incorporated Society v Ōpōtiki District Council & Ors
High Court [2022] NZHC 2589
7 October 2022
Unsuccessful judicial review case seeking review of a decision by the Ōpōtiki District Council to approve a transfer of a recreational reserve to Te Whānau ā Apanui in connection with the settlement of historical claims.
Download Whanarua Beachfront Property Owners Group Incorporated Society v Ōpōtiki District Council & Ors (458 KB PDF). read more
Tana v Mahanga and Ors - Pukahakaha East 5B
Māori Land Court (2022) 254 Taitokerau MB 174 (254 TTK 174)
11 October 2022
Decision declining a review of a trust.
Download Tana v Mahanga and Ors - Pukahakaha East 5B (310 KB PDF). read more
Mahia v New Zealand Police
High Court [2022] NZHC 2413
21 September 2022
Conviction and sentencing appeal relying on the principles of te Tiriti o Waitangi and failure to recognise tikanga.
Download Mahia v New Zealand Police (521 KB PDF). read more
Karaitiana v Waka Kotahi - Parahaki Island Provisional Determination
Māori Land Court (2022) 454 Aotea MB 299 (454 AOT 299)
5 October 2022
Application for orders adding areas of land to a title by reason of accretion. The application concerns the island known as Parahaki Island in the Manawatū River, which is vested in the trustees of the Te Apiti Ahu Whenua Trust.
Download Karaitiana v Waka Kotahi - Parahaki Island Provisional Determination (1.6 MB PDF).
Ngawharau - Succession to Frederick Robert Ngawharau or Freddie Robert Ngawharau
Māori Land Court (2022) 243 Waikato Maniapoto MB 147 (243 WMN 147)
30 September 2022
In determining a succession application the issue before the Court was whether one of the deceased's children should be included as a successor, given that she had signalled her desire to also succeed to her matua whāngai.
Download Ngawharau - Succession to Frederick Robert Ngawharau or Freddie Robert Ngawharau (202 KB PDF). read more
Procedure - leave to appeal declined - Stafford v Attorney-General [2022] NZSC 108
Takutai moana - strike out - nationwide application - Paul v Attorney-General [2022] NZCA 443 - Elizabeth Derby
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
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
Entries are open for the 2022 Sir Edward Taihakurei Durie student essay competition sponsored by the Māori Law Review. For details see this page
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).
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
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
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
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).
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
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
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
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
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
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
Natural resource management - appeal and judicial review - The Trustees of the Motiti Rohe Moana Trust v Bay of Plenty Regional Council [2022] NZHC 1846 - Elizabeth Derby
2022 Māori Appellate Court judgments - index
2021 Māori Appellate Court judgments - index
Jurisdiction - contract dispute - Māori freehold land - Austen v Far North District Council - Okahu 3B2A and Okahu 3B2B2D (2022) 252 Taitokerau MB 87 (252 TTK 87) - Kaea Hudson
Occupation - ahu whenua trust - succession - McGarvey - Lot 23 Deposited Plan South Auckland 1846 (2022) 279 Waiariki MB 75 (279 WAR 75) - Elizabeth Derby
Succession - vesting of shares in trust - Mackey - Succession to Rangi Hawea Mackey (2022) 113 Tairawhiti MB 37 (113 TRW 37) - Elizabeth Derby
Trusts - interpretation of trust order - casual vacancy - Blaikie v Lawless - Lake Taupo Forest Trust (2022) 450 Aotea MB 247 (450 AOT 247) - Elizabeth Derby
Trusts - trustee removal - declined - Gray v Paikea - Otara 5D2 (2022) 252 Taitokerau MB 210 (252 TTK 210) - Elizabeth Derby
Trusts - obligations - elections - Rudd v Hemana and Ors - Horowhenua 11 (Lake) (2022) 451 Aotea MB 214 (451 AOT 214) - Elizabeth Derby
Easement - partition - views of beneficial owners - Newton v Ashmore - Te Huruhi 12B (2022) 241 Waikato Maniapoto MB 178 (241 WMN 178) - Kaea Hudson
Title reconstruction - land exchange - McCaw Lewis Trustee (No 1) Limited - Rakautatahi 1B2B1A (2022) 97 Tākitimu MB 232-249 (97 TKT 232-249) - Craig Linkhorn
2022 Māori Land Court judgments - index
2021 Māori Land Court judgments - index
The Trustees of the Motiti Rohe Moana Trust v Bay of Plenty Regional Council
High Court [2022] NZHC 1846
1 August 2022
The trustees of the Motiti Rohe Moana Trust brought both an appeal and a judicial review in respect of the Bay of Plenty Regional Council's decision to withdraw Proposed Plan Change 9 of the Bay of Plenty Natural Resources Plan.
Download The Trustees of the Motiti Rohe Moana Trust v Bay of Plenty Regional Council (394 KB PDF). read more
Rudd v Hemana and Ors - Horowhenua 11 (Lake)
Māori Land Court (2022) 451 Aotea MB 214 (451 AOT 214)
23 August 2022
This decision concerns the Horowhenua 11 Part Reservation Trust. The applicant, a trustee candidate and beneficiary of the Trust, challenged the outcome of a recent election and SGM via an application to enforce the obligations of trust.
Download Rudd v Hemana and Ors - Horowhenua 11 (Lake) (397 KB PDF). read more
Mackey - Succession to Rangi Hawea Mackey
Māori Land Court (2022) 113 Tairawhiti MB 37 (113 TRW 37)
12 August 2022
Application to determine a life interest, succession to an estate, and vesting of various interests in a trust for whānau not constituted under Te Ture Whenua Māori Act 1993.
Download Mackey - Succession to Rangi Hawea Mackey (419 KB PDF). read more
Newton v Ashmore - Te Huruhi 12B
Māori Land Court (2022) 241 Waikato Maniapoto MB 178 (241 WMN 178)
12 August 2022
Application for easement and partition postponed to allow beneficiaries time to discuss and consider the easement.
Download Newton v Ashmore - Te Huruhi 12B (253 KB PDF).
read more
Gray v Paikea - Otara 5D2
Māori Land Court (2022) 252 Taitokerau MB 210 (252 TTK 210)
2 August 2022
Application for removal of a trustee declined. Both parties were responsible for the breakdown of relationships.
Download Gray v Paikea - Otara 5D2 (231 KB PDF). read more
McGarvey - Lot 23 Deposited Plan South Auckland 1846
Māori Land Court (2022) 279 Waiariki MB 75 (279 WAR 75)
4 August 2022
Application seeking to constitute an ahu whenua trust and grant a right of occupation in respect of Lot 23 Deposited Plan South Auckland 1846, a block of General land owned by Māori.
Download McGarvey - Lot 23 Deposited Plan South Auckland 1846 (233 KB PDF). read more