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).
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).
| 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. |
Section 7AA is worth fighting for, but we must remember it is not rangatiratanga - Luke Fitzmaurice-Brown
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
Chief Judge's powers - amendment of succession order - Karaitiana-Bryant v Karaitiana - Waipahihi 4H and Others (2024) Chief Judge's MB 278 (2024 CJ 278) - Elizabeth Derby
Chief Judge's powers - amendment of succession order - Taipana - Āorangi Part Taonui Āhuatūranga Block 3A2 (2024) 486 Aotea MB 169 (486 AOT 169) - Arthur Linkhorn
Trusts - trustee removal refused - Mana-Tukaha v Lowry - Awarua A25 (2024) 273 Taitokerau MB 129 (273 TTK 129) - Elizabeth Derby
Trusts - review of trust - Logan - Omahu 2H1B and Others (2024) 109 Tākitimu MB 199 (109 TKT 199) - Elizabeth Derby
Partition - relationship breakdown between owners - Andree v Appelhof - Oriwa 1B3E (2024) 273 Waiariki MB 56 (273 WAI 56) - Elizabeth Derby
Partition - hapū partition for residential housing - Bowdler - Waikawa Village Section 26A Block (2024) 85 Te Waipounamu MB 32 (85 TWP 32) - Elizabeth Derby
2024 Māori Land Court judgments - index
2024 Waitangi Tribunal decisions - index
Treaty Law: principles of the Treaty of Waitangi in law and practice - Roimata Smail
On the 21st of May 2024, the Oranga Tamariki (Repeal of Section 7AA) Amendment Bill had its first reading in Parliament. The Bill seeks to repeal section 7AA of the Oranga Tamariki Act 1989, which is the Treaty of Waitangi provision within that legislation. Section 7AA requires the government to take a number of steps aimed at upholding Te Tiriti and reducing disparities for Māori within the child protection system. As a result, its planned repeal has been met with widespread opposition from Māori, including a claim to the Waitangi Tribunal.
In this article, Luke Fitzmaurice-Brown* argues that those advocates are right to oppose the repeal of section 7AA, but that equally, we should not equate section 7AA with the full realisation of tino rangatiratanga over kainga protected by Te Tiriti. The provision falls far short of that. In light of broader efforts to diminish the influence of Te Tiriti o Waitangi in law and policy, the damage the current child protection system does to Māori, and the possibility that section 7AA provides a pathway for tino rangatiratanga to be realised in future, section 7AA is still worth saving, but we must keep that wider context in mind. read more
Winiata v Ngatai - Whakapoungakau 9B 13, 15B 10, 14, 10B 6A, 11B 6, 13B 5, 16 2B 2G 2E and Pikirangi 9 (Aggregated)
(2024) 315 Waiariki MB 272 (315 WAR 272)
31 May 2024
Unsuccessful application for an injunction against the trustees of the Whakapoungakau 15B 10 Māori Reservation (the Rotokawa Bath Trust) and Ngāti Uenukukōpako Iwi Trust.
Download Winiata v Ngatai - Whakapoungakau 9B 13, 15B 10, 14, 10B 6A, 11B 6, 13B 5, 16 2B 2G 2E and Pikirangi 9 (Aggregated) (252 KB PDF). read more
Bowdler - Waikawa Village Section 26A Block
(2024) 85 Te Waipounamu MB 32 (85 TWP 32)
4 March 2024
Application seeking a hapū partition of the Waikawa Village Section 26A Block into five lots, with the intention of vesting four of the lots in the applicant's two children and retaining one for her own use.
Download Bowdler - Waikawa Village Section 26A Block (339 KB PDF). read more
Logan - Omahu 2H1B and Others
(2024) 109 Tākitimu MB 199 (2024 TKT MB 199)
24 May 2024
Application seeking a review of the Herewini Tiopira Whānau Trust.
Download Logan - Omahu 2H1B and Others (251 KB PDF). read more
Mana-Tukaha v Lowry - Awarua A25
(2024) 273 Taitokerau MB 129 (2024 TTK MB 129)
7 June 2024
Application for removal of a trustee from the Awarua A25 Ahu Whenua Trust.
Download Mana-Tukaha v Lowry - Awarua A25 (216 KB PDF). read more
Andree v Appelhof - Oriwa 1B3E
(2024) 273 Waiariki MB 56 (273 WAI 56)
20 May 2024
Interim decision on an application to partition Oriwa 1B3E into two lots so that the applicant could have exclusive use and possession of half the land.
Download Andree v Appelhof - Oriwa 1B3E (221 KB PDF). read more
Ross v Edwards - Waikite 3A
[2024] Māori Appellate Court MB 100 (2024 APPEAL 100)
22 May 2024
Appeal against a decision of the Māori Land Court dismissing an application for rehearing. The appellant had sought a rehearing of a decision granting an injunction requiring the appellant to vacate the land known as Waikite 3A and to remove his buildings and possessions from the land.
Download Ross v Edwards - Waikite 3A (235 KB PDF). read more
Taipana - Āorangi Part Taonui Āhuatūranga Block 3A2
(2024) 486 Aotea MB 169 (486 AOT 169)
25 June 2024
Application under s 45 of Te Ture Whenua Māori Act 1993 to amend a vesting order where the applicants father (the deceased) had transferred shares in a block of land to children from his second marriage without consulting immediate whānau.
Download Taipana - Āorangi Part Taonui Āhuatūranga Block 3A2 (902 KB PDF).
Judicial review - Waitangi Tribunal summons to Crown minister set aside - Minister for Children v The Waitangi Tribunal [2024] NZHC 931 - Craig Linkhorn
Appeal - costs order - Phillips v Trustees of the Te Hanataua Trust - Ōuri 1A3 [2024] Māori Appellate Court MB 84 (2024 APPEAL 84) - Elizabeth Derby
2024 Māori Appellate Court judgments - index
Chief Judge's powers - amendment of succession order - Karaitiana-Bryant v Karaitiana - Waipahihi 4H and Others (2024) Chief Judge's MB 278 (2024 CJ 278) - Elizabeth Derby
Alienation - exemption from special valuation - Hipango v Ngaurukehu - Ngaurukehu A10 Section 3 and other blocks (2024) 484 Aotea MB 88 (484 AOT 88) - Elizabeth Derby
Trustees - removal of trustee - Henderson v Henderson - Pakowhai 5B2 (2024) 109 Tākitimu MB 54 (109 TKT 54) - Elizabeth Derby
Occupation order - previous vesting order made over the land - Barber v Hoani - Paremata Mokau A8A (2024) 269 Taitokerau MB 82 (269 TTK 82) - Elizabeth Derby
2024 Māori Land Court judgments - index
Care of children - The Oranga Tamariki (Section 7AA) Urgent Inquiry Report (Wai 3350, 2024 interim report) - Elizabeth Derby
Care of children - the Oranga Tamariki (Section 7AA) urgent inquiry 10 May 2024 Report (Wai 3350, 2024) - Elizabeth Derby
2024 Waitangi Tribunal decisions - index
The Oranga Tamariki (Section 7AA) Urgent Inquiry 10 May 2024 Report
Te Rōpū Whakamana i Te Tiriti o Waitangi - Waitangi Tribunal (Wai 3350, 2024)
10 May 2024
The Waitangi Tribunal has issued its final report inquiring into the Crown's policy to repeal s 7AA of the Oranga Tamariki Act 1989. This section imposes specific duties on the Chief Executive of Oranga Tamariki to provide a practical commitment to the principles of the Treaty of Waitangi.
The Oranga Tamariki (Section 7AA) Urgent Inquiry Report
Te Rōpū Whakamana i Te Tiriti o Waitangi - Waitangi Tribunal (Wai 3350, 2024)
29 April 2024
The Waitangi Tribunal has issued an interim report about the Crown's policy to repeal s 7AA of the Oranga Tamariki Act 1989. This section imposes specific duties on the Chief Executive of Oranga Tamariki to provide a practical commitment to the principles of the Treaty of Waitangi.
Download The Oranga Tamariki (Section 7AA) Urgent Inquiry Report (1.6 MB PDF).
Phillips v Trustees of the Te Hanataua Trust - Ōuri 1A3
[2024] Māori Appellate Court MB 84 (2024 APPEAL 84)
14 May 2024
Appeal against an order of the Māori Land Court awarding costs against the appellant.
Download Phillips v Trustees of the Te Hanataua Trust - Ōuri 1A3 (282 KB PDF). read more
Barber v Hoani - Paremata Mokau A8A
(2024) 269 Taitokerau MB 82 (269 TTK 82)
1 March 2024
Application for an occupation order for an area of approximately 2000m2 on the land known as Paremata Mokau A8A.
Download Barber v Hoani - Paremata Mokau A8A (303 KB PDF). read more
Henderson v Henderson - Pakowhai 5B2
(2024) 109 Tākitimu MB 54 (109 TKT 54)
24 April 2024
Decision on whether the respondent should be removed as a trustee of the Heni Henderson Whānau Trust.
Download Henderson v Henderson - Pakowhai 5B2 (292 KB PDF). read more
In the course of working on the study paper He Poutama (NZLC SP24) addressing the legal dimensions of tikanga, Te Aka Matua o te Ture | Law Commission came to examine its own earlier work to identify the influence of tikanga on that work. This article collects together that research.
Tāneora Fraser*
Hipango v Ngaurukehu - Ngaurukehu A10 Section 3 and other blocks
(2024) 484 Aotea MB 88 (484 AOT 88)
17 May 2024
Decision to grant an exemption from the requirement to obtain a special valuation before a vesting order is made.
Download Hipango v Ngaurukehu - Ngaurukehu A10 Section 3 and other blocks (223 KB PDF). read more
Tutakangahau v Boynton - Allotment 335 Parish of Waiotahi
(2024) Chief Judge's MB 291 (2024 CJ 291)
15 April 2024
Conditional exercise of the Chief Judge's powers to cancel a vesting order.
Download Tutakangahau v Boynton - Allotment 335 Parish of Waiotahi (314 KB PDF). read more
Karaitiana-Bryant v Karaitiana - Waipahihi 4H and Others
(2024) Chief Judge's MB 278 (2024 CJ 278)
15 April 2024
Successful application for exercise of the Chief Judge's powers concerning a vesting order and succession.
Download Karaitiana-Bryant v Karaitiana - Waipahihi 4H and Others (307 KB PDF). read more
Tikanga Māori in Aotearoa New Zealand law - He Poutama explored in detail – part three: future engagement - Rachael Brown, Dr Laura Hardcastle, Rhianna Morar (Ngāti Porou, Tapuika, Gujarat) and Nikorima Nuttall (Raukawa ki Te Kaokaoroa o Pātetere)
Chief Judge's powers - joint tenancy intended - appeal dismissed - Boon v Tuwhangai [2024] NZCA 107 - Elizabeth Derby
Judicial review - Waitangi Tribunal summons to Crown minister set aside - Minister for Children v The Waitangi Tribunal [2024] NZHC 931 - Craig Linkhorn
Permanent injunction - improperly ordered - Puohotaua v Trustees of the Rakatō B Trust - Rakatō B [2024] Māori Appellate Court MB 19 (2024 APPEAL 19) - Craig Linkhorn
2024 Māori Appellate Court judgments - index
2023 Māori Appellate Court judgments - index
Partition - developing Māori land - granted - Croon v Māori Trustee - Kekerione 31B (2024) 84 Te Waipounamu 224 (84 TWP 224) - Sam Foster
Trusts - payment to trustees from trust funds - review of trust - Reti - Part Lot 7 Deposited Plan 3351 - Petane Marae [2024] 109 Takitimu MB 1 (109 TKT 1) - Elizabeth Derby
2024 Māori Land Court judgments - index
2023 Māori Land Court judgments - index
Waitangi Tribunal procedure - application for urgent inquiry - s 7AA Oranga Tamariki Act 1989 (Wai 3350, #2.5.1) - Elizabeth Derby
Waitangi Tribunal procedure - issue of summons - evidence from the Minister for Children about proposed repeal of s 7AA Oranga Tamariki Act 1989 (Wai 3350, #2.5.7) - Elizabeth Derby
Legal and physical access to land - The Kōpūtara Priority Report (Wai 2200, 2024) - Elizabeth Derby
2024 Waitangi Tribunal decisions - index
Māori interests in natural resource management - 2023 in review - Chelsea Easter, Francesca Dykes, and Dave Randal
Treaty Law: principles of the Treaty of Waitangi in law and practice - Roimata Smail
Download the Māori Law Review April 2024 (708 KB PDF)
Minister for Children v The Waitangi Tribunal
High Court [2024] NZHC 931
24 April 2024
The Minister for Children sought judicial review of a decision by the Waitangi Tribunal to issue a summons requiring evidence from her. The summons was issued as part of the Tribunal's inquiry into the Crown proposal to repeal s 7AA of the Oranga Tamariki Act 1989 and followed refusal by the Crown to tender evidence from the Minister. The Court granted review and set aside the summons.
Download Minister for Children v The Waitangi Tribunal (341 KB PDF). read more
Boon v Tuwhangai
Court of Appeal [2024] NZCA 107
12 April 2024
The Court of Appeal upheld the Māori Appellate Court decision reversing an exercise of the Chief Judge's powers. The issue was whether the purchasers of land held their interests as joint tenants or tenants in common. The Court of Appeal decision also confirms that appeals from decisions on whether to exercise the Chief Judge's powers can proceed to the Court of Appeal.
Download Boon v Tuwhangai (587 KB PDF).