Pipiri 2026 June – Contents

Te Kōti Mana Nui

Procedure - leave to appeal - Crown Forest Assets Act 1989 - Ruru v Attorney-General [2026] NZSC 79 - Elizabeth Derby

Te Kōti Pīra – Court of Appeal

Comity - non-interference - Treaty settlement process - Lanauze v Attorney-General [2026] NZCA 244 - Elizabeth Derby

Te Kōti Matua – High Court

Procedure - application for hearing adjournment - Rakiura Tītī Committee v Reihana [2026] NZHC 1338 - Elizabeth Derby

Te Kōti Whenua Māori – Māori Land Court

Trusts - establishment of whānau trust - can a spouse be a beneficiary of a whānau trust - Whata v Kerr - Lynette Te Maari Whata Whānau Trust (2026) 131 Tākitimu MB 199 - Elizabeth Derby

Trusts - breach of trustee duties - remedies - MacDonald v Gibson - Ngāti Tāwhirikura Hapū Charitable Trust (2026) 537 Aotea MB 1 - Elizabeth Derby

Trusts - breach of trustee duties - further remedies - MacDonald v Gibson - Ngāti Tāwhirikura Hapū Charitable Trust (2026) 538 Aotea MB 260 - Elizabeth Derby

2026 Māori Land Court judgments - index

2025 Māori Land Court judgments - index


Procedure – leave to appeal – Crown Forest Assets Act 1989 – Ruru

Estate of Eric John Tupai Ruru v Attorney-General

Supreme Court [2026] NZSC 79

10 June 2026

Leave to appeal to the Supreme Court granted on two proposed issues but refused on a third. The litigation concerns decisions by the Waitangi Tribunal on return of Crown forest licensed land and the award of associated statutory compensation as remedies for well-founded claims.

Download Estate of Eric John Tupai Ruru v Attorney-General (178 KB PDF).

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Trusts – breach of trustee duties – further remedies – MacDonald

MacDonald v Gibson - Ngāti Tāwhirikura Hapū Charitable Trust

(2026) 538 Aotea MB 260 (538 AOT 260)

24 June 2026

This is the third substantive judgment centred on internal trustee dysfunction within the Ngāti Tāwhirikura Hapū Charitable Trust. Earlier in June 2026, the Court issued a decision in which it imposed stand-down periods on the trustees, but the Court reserved its decision on the balance of remedies. This judgment dealt with indemnity, repayment of remuneration and honoraria, orders relating to Te Rewarewa, and costs generally.

Download MacDonald v Gibson - Ngāti Tāwhirikura Hapū Charitable Trust (313 KB PDF). read more

Comity – non-interference – Treaty settlement process – Lanauze

Lanauze v Attorney-General 

Court of Appeal [2026] NZCA 244

10 June 2026

Unsuccesful appeal against High Court decisions striking out an application for declarations and declining to make interim orders

The trustees of the Moriori Imi Settlement Trust, on behalf of Imi Moriori, appealed against two decisions of the High Court about ongoing Treaty settlement negotiations between the Crown and Ngāti Mutunga o Wharekauri. The Court agreed with the High Court that issuing the declaration and granting the interim orders sought by Imi Moriori would breach the principle of non-interference in parliamentary proceedings.

Download Lanauze v Attorney-General (437 KB PDF).

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Trusts – breach of trustee duties – remedies – MacDonald

MacDonald v Gibson - Ngāti Tāwhirikura Hapū Charitable Trust

(2026) 537 Aotea MB 1 (537 AOT 1)

5 June 2026

Decision on remedies following an earlier decision on trustee liability. The Court found that all of the trustees had fallen short of their obligations. However, the Court believed that imposing a stand-down period would be a more appropriate remedy than removal of the trustees for cause.

Download MacDonald v Gibson - Ngāti Tāwhirikura Hapū Charitable Trust (280 KB PDF). read more

Trusts – establishment of whānau trust – can a spouse be a beneficiary of a whānau trust – Whata

Whata v Kerr - Lynnette Te Maari Whata Whānau Trust

(2026) 131 Tākitimu MB 199 (131 TKT 199)

2 June 2026

Application to establish a whānau trust. The issue for determination was whether a spouse can be a beneficiary of a whānau trust.

Download Whata v Kerr - Lynnette Te Maari Whata Whānau Trust (191 KB PDF). read more