Te Kōti Matua – High Court
Takutai moana - rehearing - customary marine title - Jones on behalf of Ngāi Tai Iwi and the Uri of Ngāi Tai Iwi [2024] NZHC 1373 - Elizabeth Derby
Procedure - application to join proceeding as interested party - Tau v Attorney-General [2024] NZHC 1741 [2024] NZHC 1741 - Elizabeth Derby
Te Kōti Pīra Māori – Māori Appellate Court
Injunction - appeal from refusal of rehearing - Ross v Edwards - Waikite 3A [2024] Māori Appellate Court MB 100 (2024 APPEAL 100) - Elizabeth Derby
2024 Māori Appellate Court judgments - index
Te Kōti Whenua Māori – Māori Land Court
Procedure - strike out - Ngāti Moerewa Māori Incorporation v Sanson - Part Maungakawakawa 20 and Part Motatau 5E25F (2024) 274 Taitokerau MB 292 (274 TTK 292) - Elizabeth Derby
Trusts - variation of terms of trust - McGuire v Noanoa - Mangaheia 1B2A5B (2024) 126 Tairāwhiti MB 209 (2024 126 TRW MB 209) - Elizabeth Derby
Partition - effective use of land - Jones - Horahorakakahu 1A (2024) 126 Tairāwhiti MB 129 (2024 TRW 129) - Elizabeth Derby
2024 Māori Land Court judgments - index
Te Rōpū Whakamana i Te Tiriti o Waitangi - Waitangi Tribunal
Kura Kaupapa Māori- education reform - Kei Ahotea Te Aho Matua (Wai 1718, 2024) - Elizabeth Derby
2024 Waitangi Tribunal decisions - index
Procedure - Guide to Practice and Procedure of the Waitangi Tribunal 2023
Jones on behalf of Ngāi Tai Iwi and the Uri of Ngāi Tai Iwi
High Court [2024] NZHC 1373
29 May 2024
Following a rehearing directed by the Court of Appeal, the Court awarded customary marine title to Ngāi Tai and its hapū Ririwhenua over an area between Tarakeha and Te Rangi out to 12 nautical miles from the coast.
Download Jones on behalf of Ngāi Tai Iwi and the Uri of Ngāi Tai Iwi (563 KB PDF).
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Tau v Attorney-General [2024] NZHC 1741
High Court - Te Kōti Matua o Aotearoa
[2024] NZHC 1741
27 June 2024
Application to join proceeding as an interested party.
Download Tau v Attorney-General (196 KB PDF). read more
McGuire v Noanoa - Mangaheia 1B2A5B
(2024) 126 Tairāwhiti MB 209 (2024 126 TRW MB 209)
11 July 2024
Two applications to vary the terms of trusts.
Download McGuire v Noanoa - Mangaheia 1B2A5B (231 KB PDF).
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Ngāti Moerewa Māori Incorporation v Sanson - Part Maungakawakawa 20 and Part Motatau 5E25F
(2024) 274 Taitokerau MB 292 (274 TTK 292)
3 July 2024
Judgment determining whether to strike out the remaining part of an application for a finding that land held by the applicant's businesses is Māori customary land.
Download Ngāti Moerewa Māori Incorporation v Sanson - Part Maungakawakawa 20 and Part Motatau 5E25F (356 KB PDF). read more
Jones - Horahorakakahu 1A
(2024) 126 Tairāwhiti MB 129 (2024 TRW 129)
11 July 2024
Decision concerning several applications for partition and gifting of shares relating to the block of land known as Horahorakakahu 1A.
Download Jones - Horahorakakahu 1A (355 KB PDF).
Whakataunga - Overview and result
| Partition - effective use of land - gifting of shares - granted |
| Date | 11 July 2024 |
| Case | Jones - Horahorakakahu 1A (355 KB PDF) |
| Citation | (2024) 126 Tairāwhiti MB 129 (2024 TRW 129) |
| Court | Te Kōti Whenua Māori - Māori Land Court |
| Judge(s) | Chief Judge Fox |
| Earlier/later decisions | |
| Legislation cited | Te Ture Whenua Māori Act 1993, ss 164, 289. |
| Cases cited | Hammond – Whangawehi 1B3H1 (2007) 34 Gisborne Appellate MB 185 (34 APGS 185). |
| Overview and result | The first applicant and his son, the second applicant, filed applications concerning the land Horahorakakahu 1A. One application was for the transfer of shares, filed by the first applicant. Applications were made to partition Horahorakakahu 1A into two blocks, called Horahorakakahu 1A and Horahorakakahu 1A1 blocks. The second applicant filed an application to gift shares to his twin brother. The second applicant also filed a partition application for the new Horahorakakahu 1A1 block to be partitioned into five lots.
The first applicant is the sole owner of Horahorakakahu 1A. The second applicant has two living brothers, who were both supportive of the first applicant gifting some of the land to the second applicant by partition.
Held, applications granted.
The only real issues in these proceedings concerned the partitions, as consent was given from all the children for the first gift, and the second applicant has no children from whom consent would be necessary for the second gift.
The Court considered that both partition applications met the requirements of Te Ture Whenua Māori Act 1993. |
