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New Zealand Māori Law Resources |
Last Updated: 15 November 2022
INDEX
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Page
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Adoption of Hana Kawhe alias Hana Coffey
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Adoption of Rori Watene
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Adoption of Shona Maria Armstrong
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Airini te Heitawhiri, deceased
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Allotment 68 Parish of Ahipara
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Arniria Horomona, deceased
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Aorangi Block
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Arapaonui 1A
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Arete Mahupuku, deceased
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Aropeta Tamumu, deceased
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Awarua 3D3 No.13
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Eriata Nopera, deceased
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Elizabeth Garth, deceased.
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Saray Gilroy, deceased
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Hamuera Ngarimu, deceased
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Hanita ta Tiakiwai & Hiwha Hamana, deceased
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Harawira Heperi, deceased
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Harawira Te Rea, deceased
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Harawira te Rea & Wiripine Makaia, deceased
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Hare Parata, deceased
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Harete Luxon, deceased
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Hauomatuku 8B
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Hautu No.1
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Himatangi and Tuwhakatupua Blocks
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Hineipakatia, deceased and Pateriki Hawaiki, deceased
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Hohepa Henare Ngamapu, deceased
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Hone Hiko Paopaokirangi, deceased
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Hone Ngata, deceased
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Hutt Section 19
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Hutt Section 19 Subdivisions 3 - 23
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Ihaka te Hau Paimarire, deceased
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Ihakara Peru, deceased
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Ihupuku C
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Inuawai 6A
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Irene Apatu Herermaia, deceased
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Kahumate Reupena, deceased
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Kai Iwi 6B2
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Kakepuku 11C2D2A1
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Karauria, deceased
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Katerina Takawhaki, deceased
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Kauwaerenga Mudflats
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Kawhia S2A
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Kekerione 1W
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Kinohaku East 2 Secs.17B1 and 17B2
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Kohatu-o-te-Haua 3AI
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Kone Pairama, deceased
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Lake Omapere
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Lake Waikaremoana
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Rebecca Love, deceased
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Makaia Wiripine, deceased
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Mangatu 1, 3 & 4 (Incorporated)(No.1)
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Mangatu 1, 3 & 4 (Incorporated)(No.2)
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Mangatu 1, 3 & 4 (Incorporated)(No.3)
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Mangatu 1, 3 & 4 (Incorporated)(No.4)
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Mangatu 1, 3 & 4 (Incorporated)(No.5)
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Mangatu 1, 3 & 4 (Incorporated)(No,6)
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Mangatu 1, 3 & 4 (Incorporated)(No.7)
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Mangatu 1, 3 & 4 (Incorporated)(No.8)
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Maraetaua 4B
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Mataraua C2B
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Mariana Pine, deceased
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Te Matai Block
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Matamata North
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Mataraua C2B
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Maungarangi B3A
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Mawhaturia Rangimatakite, deceased
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Meri Pori, deceased
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Meri Tiki te Puhi, deceased
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Mihiroa Tinimene and Tamati Nikera, deceased
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Mokoia Island
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Motatau No.3
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Ngaitahu Claim
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Ngakaroro Mudflats (Whakarapa Estuary)
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Ngarara West A No.78 Lot 7
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Ngawhakatutu a1 B2B2
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Estate William Nicholas, deceased
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Ninety Mile Beach
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Niri Whaanga, deceased
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Oakura Block
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Ohinepoutea Block
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Ohiti Block
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Ohura South M2A
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Oputia 11C1A
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Orakei Block
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Oruwhero 3G5
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Otaika 4B4
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Otautau 18A
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Otorohanga C2A
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Oturei 1A and 1B and Okapakapa
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Pakaraka 1A2B
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Paoa Rapata, deceased
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Papa Mauroa Tutu, deceased
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Paratene, deceased
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Paramata Blocks
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Pariroa Reserve
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Te Peina Huai, deceased
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Pene Te Mawe, deceased
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Petone Borough Council
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Piri Pura, deceased
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Pohatu Hapuku, deceased
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Pokuru 3G2
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Popoteruru and Takapuwahia B3
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Porirua Foreshore (Parumoana)
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Pouakani (Wairarapa Maoris) Block
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Pouwhakarua
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Puhunga A3C and A3D
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Puninga 12B1A2
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Pura Rora, deceased
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Puteahapakapai No.4
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Rangaranga A3
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Rangitoto-Tuhua 36A2C7 and 35A2C8
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Rangitoto-Tuhua 33C3B4B1D4 and 5A
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Reihana Motutarata, deceased
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Reureu No.2
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Rotorua Township (Pukeroa Oruawhata Block)
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Rowallan Block VIII Sections 4 & 5
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Ruaohinetu 1B2D
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Runanga 2C3D2
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Tamarere Ahu, deceased
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Tamati Ranapiri, Deceased
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Taporena Pene, deceased
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Taranaki Iti No.1
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Tarawera No.3
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Tautahi Tuwhahipa, deceased
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Emily Thompson, deceased
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Tihiotonga Blocks
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Te Tii (Mangonui) A
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Tikitiki B20
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Tiro Parata or Hokimate Davis, deceased
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Tuatahi Tuwhahipa, deceased
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Tu Turetahi Brightwell, deceased
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Tutukau East B7B8
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Waihaha 3E 3A
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Waikawa 891 Block IV Secs. 1,2 and 3 and
Waihao 12373 Secs. 3A, 3B and 4 |
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Waipu 1C
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Wanganui River
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West Coast Settlement Reserves
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Westport Town Sections
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Whakauruhunga te Roia, deceased
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Whangara Block
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Whangawehi 1B3D3
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Wharekahika Block
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Wharekauri 1K
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Wharepuhunga 7C1A2 and Part 7C3A2B
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Wharepuhunga 14B2A
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Whare Purakau (Creech), deceased
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Wharo Oneroa a Tohe (Ninety Mile Beach)
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Te Whetu A3B
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Wi Hapi Pakau, deceased
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Winiata Puhaki, deceased
Wiremu Tini Waitapu, deceased. |
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INTRODUCTORY NOTE
Owing to the specialized nature of the work of the Maori Land Court, and the Maori Appellate Court, which is the appellate tribunal to which appeals from the decisions of the Maori Land Court are taken, and the fact that in the earlier days of these Courts the matters before them did not generally involve questions of law, the decisions of these Courts have not been reported.
In these early days the Judges had to settle the principles by which the various matters coming within their jurisdiction would be governed. The Maori Land Court was called upon to ascertain and apply so far as possible the ancient customs and usages of the Maori people in relation to their ownership of land.
In 1879 there was published a collection of some judgments described as "Important Maori Land Judgments". Some of these were decisions of the Validation Court and the Compensation Court specially set up to deal with particular problems arising, whose members were Judges of the Maori Land Court. This publication is now rare and is found mostly on the shelves of collectors of old New Zealand publications.
In more recent times the jurisdiction of the Courts has been extended to enable them to deal with the many varied situations which arise from the rapid growth of the Maori population, the necessity for assisting to establish them in the community, and to make the best use of their land, much of which is of very considerable value actually or potentially.
The result has been that today the Courts are constantly called upon to deal with a variety of legal and other questions which have to be determined in order to carry out their functions.
It has, therefore, been thought desirable to collect and annotate a number of the judgments of these Courts both old and new. Many of the older ones may be principally of historic interest, as the earlier functions of the Courts, such as investigation of customary title, now seldom have to be invoked.
The compilation of this digest will enable the members of the legal profession, and others whose work brings them into contact with the Maori Land Court, to have more ready access to the decisions.
The collection of cases is not as complete as could be desired particularly as regards the older cases in which many of the principles such as those governing the investigation of titles were laid down. The research necessary to get a really comprehensive collection would take more time than is available.
Wellington D.G.B. MORISON
January 1960 Chief Judge
DIGEST OF SELECTED DECISIONS
OF
THE
MAORI APPELLATE COURT,
THE MAORI LAND COURT, and
THE CHIEF
JUDGE OF THE
MAORI LAND COURT, acting
under section 452 of
the
Maori Affairs Act, 1953
and the corresponding
provisions of earlier
Acts.
The decisions in this digest are selected decisions up to December, 1958.
Minute Book references:
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A.C.M.B.
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Maori Appellate Court Minute Book
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M.B.
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Maori Land Court Minute Book
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C.J.M.B.
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Chief Judge’s Minute Book
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The Minute Books of the Court containing these decisions are open to
inspection in the respective District Offices of the Court.
Those
decisions which are noted "(Circulated)" have been cyclostyled, and circulated
to Judges, Registrars, Law Societies, etc.
Adoption - annulment of - discretion of Court in adoption jurisdiction.
Maori Appellate Court, Wellington, December 9th 1943. .
Chief Judge Shepherd and Judge Harvey.
Wellington A.C.M.B. 6 folio 230.
Re Adoption of Hana Kawhe Alias Hana Coffey.
Adoption - customary adoption - requisites of such an adoption.
Maori Land Court, January 20th 1905, Judge Mair
Re Adoption of Rori Watene.
Adoption - customary adoption - requisites of such adoption.
Chief Judge Jones, January 6th, 1930.
C.J.M.B. 1 folio 246
Re Tuatahi Tuwhahipa Deceased.
Appeal - final - order - to constitute a Final Order under Section
135 Maori Affairs Act, 1953, the Order must determine in respect of any block
all persons legally entitled to succeed. An order determining that a
certain person is one of the persons so entitled is not a final
Order.
Maori Appellate Court, Gisborne, September 18th 1958.
Chief Judge Morison, Judges O'Malley and Brook.
Gisborne A.C.M.B 728, folio 32.
Re Estate Hamuera Ngarimu, Deceased.
Appointment of Maori Trustee as agent for owners under sec. 540.
Maori Land Act, 1931 - Lease executed in pursuance of powers conferred
– future lease executed upon expiry or first lease - Application for
cancellation
of order - Jurisdiction - Order spent on completion of first
lease.
Maori Land Court, Wellington, June 2nd 1955,
Judge Keune.
Wellington M.B. 39. folios 424 and 426.
Re Waikawa 891 Block IV Sections 1, 2 and 3, and Waihao 12373 Sections 3A, 3B and 4.
Buildings - erected upon Maori Freehold land as part of the land
under the maxim ”Quicquid plantatur solo solo cedit." Harper v. Harper and
McFie [1900] NZGazLawRp 81; 2 G.L.R. 368 applied.
Maori Appellate Court Wellington, December 1958 (Tairawhiti District)
Chief Judge Morison. Judges Prichard and Jeune.
Gisborne A.C.M.B. 28, folio 36.
Chief Judge - jurisdiction under section 38 Native Land
Act, 1931 – application alleging fraud or undue influence - not a proper
application
under section 38 - proceedings should be in Maori Land Court.
Chief Judge (acting under section 38 Native Land Act 1931) Wellington,
March 14th 1932, Chief Judge Jones.
C.J.M.B. 2, folio 55.
Chief Judge - Application under section 452 Maori Affairs Act 1953
‑ Order shown to be erroneous -
Chief Judge by section 452. Chief Judge (acting under section 452 of the Maori Affairs Act 1953) November 12th 1958. Chief Judge Morison.
C.J.M.B. 7, folio 133.
(Circulated)
Chief Judge - application under section 452 Maori Affairs Act 1953
– Res Judicata. Previous application, by same applicant seeking same
relief upon same grounds as present application, dismissed upon ground that no
mistake proved - applicant upon present application
held estopped by res
judicata - application dismissed.
Chief Judge (acting under section 452 of the Maori Affairs Act 1953)
Wellington, September 26th 1958.
Chief Judge Morison.
C.J.M.B. 7, folio 120.
Re Reihana Motutarata, deceased.
(Circulated)
Chief Judge - Jurisdiction under section 38 of Maori Land Act 1931
– General principles - Conclusive proof of mistake, error or omission
required. Nature of mistake, etc. required to bring matter within
jurisdiction.
Chief Judge (Acting under section 38, Native Land Act 1931) November
25th 1946.
C.J.M.B. 4, folio 160 and Maori Appellate Court, Gisborne.
Judges Beechey and Prichard.
Gisborne A.C.M.B. 26 folio 223
Re Adoption of Shona Maria Armstrong.
Chief Judge - Jurisdiction under section 452, Maori Affairs Act,
1953 ‑ Nature of order which may be made - Timber royalties paid - Part
distributed and part not yet distributed - Order made retrospective as to moneys
not distributed.
Chief Judge (acting under section 452, Maori Affairs Act, 1953)
Wellington, May 30th 1956, Chief Judge Morison.
C.J.M.B. 6, folio 129.
(Circulated)
Chief Judge - Jurisdiction under section 7, Native Land Amendment
Etc.Act 1922 - Order affecting West Coast Settlement Reserves land - held -
no
jurisdiction. (Note This decision was over ruled by Chief Judge Morison in Re
Tamarere Ahu, deceased, April 2nd 1953.)
Chief Judge (acting under section 7, Native Land Amendment Etc. Act.
1922) June 23rd 1931 Chief Judge Jones.
C.J.M.B. 2, folio 25.
Chief Judge - Jurisdiction under section 38, Maori Land Act, 1931
– Order affecting West Coast Settlement reserves land. Earlier decision
over ruled. Held - Jurisdiction given.
Chief Judge (acting under section 38, Maori Land Act, 1931) Wellington
April 2nd 1953 Chief Judge Morison.
C.J.M.B. 6, folio 6.
Compensation for land taken - Limestone Quarry - section 29 (1)
(c) Finance Act (No.3) 1944 . Special suitability for a purpose - Purpose for
which quarried
stone specially suitable not a purpose for which land is
specially suitable within meaning of section - Market limited to one possible
purchaser - nevertheless a market. Pointe Gourde_Quarrving and Transport
Co.Ltd. v Superintendent of Crown Lands (Trinidad) 1947 A.C. 565
applied.
Maori Land Court (Waikato-Maniapoto district) April 23rd 1951 and
November 19th 1953 Chief Judge Morison.
Otorohanga M.B. 76, folio 355A.
Re Kinohaku East 2 Secs. 17B1 and 17B2.
(Circulated)
Compensation for land taken - area comprising a large number of
Maori Land Court subdivisions by partition orders - land taken for housing and
suitable for subdivision
into residential sections – potential value.
Maori Land Court, Wellington, 30 November, 1943.
Judge Whitehead.
Re Hutt Section 19 Subdivisions 3 to 23.
Wellington M.B. 35, folios 296 and 298.
Compensation for land taken. - potential subdivision - Basis of
valuation for compensation - St. John's College Trust Board v Auckland
Education Board [1945] NZGazLawRp 60; (1945) NZLR 507 considered.
Maori Appellate Court, Rotorua. October 6th 1952. (Tokerau District)
Chief Judge Morison & Judge Harvey,
Auckland A.C.M.B. 12, folio 326.
Compensation for land taken - gravel pit - special suitability
section 29 (1) (c) Finance Act (No.3) 1944 - onus of proof that this section
applies - method
of arriving at value of gravel pit.
Maori Appellate Court, Auckland, March 1946.
Chief Judge Morison, Judge Prichard.
Auckland A.C.M.B. 12, folio 190.
Compensation for land taken - gravel pit - Special suitability
– Finance Act (No.2) 1936 Sec. 28. Costs expenses of drilling to estimate
quantity of metal - principles on which such expenses should be allowed.
Maori Appellate Court, Wellington, August 13th 1946 and December 4th
1947 (Aotea District), Chief Judge Morison and Judge Whitehead.
Wanganui A.C.M.B. 11, folios 138 and 147.
Compensation - Metal Quarry - small quantities of metal saleable
privately on royalty basis - land as a whole not saleable as a quarry -
compensation for loss
of sales of metal not directly based upon value of land -
sub-clauses (b), (c) and (d) of section 29, Finance Act No.3, 1944, have
no
application to assessment of compensation in respect of metal - Compensation
for loss of land as distinct from loss of sales
of metal.
Maori Appellate Court (Tokerau district) September 30th 1957.
Chief Judge Morison and Judge Brook.
Tokerau A.C.M.B. 1, folio 26.
(Circulated)
Compensation for land taken - Potential
subdivisional value - Method of valuing - allowance for “profit and Risk."
Maori Appellate Court, Wellington, September 4th 1958. Judges Prichard, Smith and O'Malley.
Wellington A.C.M.B. 8, folio 219.
Re Popoteruru and Takapuwahia B3
(Circulated)
Compensation - Tramway rights under order of Court
- Native Land Act 1931 section 532 - Basis and method of assessment.
Native Appellate Court, Auckland, December 11th, 1946.
Chief Judge Morison, Judge Prichard.
Auckland A.C.M.B. 12, folios 224 to 226.
Re Rangitoto-Tuhua 36A2C7 and 35A2C8.
Confirmation - grant of timber cutting rights - competing grants
- Later grant executed with knowledge of earlier grant - contrary to equity and
good faith - confirmation refused.
Maori Land Court, Rotorua - June 25th 1952, Judge Harvey.
Rotorua M.B. 98, folio 337A.
Confirmation - lease - Competing lessees - Section 273 (1) (b)
Maori Land Act 1931 – “'not contrary to equity and good faith”
–
previous lessee desirous of obtaining a lease, but no lease executed
– No equities as against lessee under an executed lease.
Maori Land Court, Wanganui, May 1949. Judge Dykes.
Taranaki M.B. 57, folio 72.
Taranaki Iti No.1.
Confirmation - Lease - Rights of existing lessee under section
280, Maori Land Act 1931 - Effect of section considered.
Maori Land Court, Wanganui, February 3rd 1953.
Chief Judge Morison.
Wanganui M.B. 109, folio 83.
Re
Ihupuku C.
Confirmation - lease - Undue aggregation - lessee
acquiring new lease of land – (part of his farm) previously held by him
under lease.
Maori Land Court, Wanganui, May 13th, 1955, Judge O’Malley.
Maori Appellate Court, Wanganui, March 23rd 1956.
Chief Judge Morison, Judges Jeune and Brook.
Wanganui A.C.M.B. 11, folio 236.
Confirmation - lease - Undue aggregation - lessee acquiring new
lease of land previously held by him as part of his farm under lease –
Matters for
consideration in determining whether acquisition will constitute
undue aggregation.
Maori Appellate Court, Hastings, September 1955.
(Waikato-Maniapoto District) Chief Judge Morison, Judge Jeune.
Auckland A.C.M.B. 13, folio 9.
Re Wharepuhunga 7C1A2 and Part 7C3A2B.
Confirmation - Nature of proceedings on confirmation discussed and
various authorities on this subject quoted.
Maori Land Court, Auckland, July 4th 1958. Judge Brook.
Re Pokuru 3G2 Lease to Pokuru Farm Lands Ltd.
Alienations minute book W.M. 27, folios 375 to 383.
Confirmation - Power of Court to alter its decision at any time
before confirmation completed by Certificate of Confirmation.
Maori Appellate Court, Auckland, November 4th 1954, Chief Judge Morison and Judges Smith and O'Malley.
Auckland A.C.M.B. 12, folios 370 - 371.
(Circulated)
Confirmation - Resolution of Assembled owners to lease -
Application for partition by dissentient owners - Jurisdiction on partition
discretionery
- Right of lessee under resolution to be heard upon application
for partition.
Maori Appellate Court, Auckland, August 16th 1955 (Aotea District)
Chief Judge Morison, Judge Smith.
Auckland A.C.M.B. 14, folio 3.
Confirmation - Resolution of Assembled owners to lease - Undue
aggregation - lessee acquiring new lease of land (part of his farm) previously
held by him under lease. Right of owners who voted against the resolution to
appear and oppose confirmation - right of prospective
lessee under a proposed
resolution not passed, to appear and oppose confirmation.
Maori Appellate Court, Wellington, September 5th, 1955.
(Waikato-Maniapoto District) Chief Judge Morison, Judge Jeune
Auckland A.C.M.B. 13), folio 7.
Confirmation - Resolution of owners - Application for partition by
dissentient owners - refusal of partition - Right of dissentient owners to
be
heard on application for confirmation of resolution
Maori Appellate Court, Auckland, May 1956. Judges Smith and Brook, Auckland A.C.M.B. 13, folio 28.
Confirmation - Resolution of Assembled owners to lease - competing
lessees Jurisdiction of Court to review proceedings at meeting - Validity of
resolution - Appointments of proxies challenged - Section 230, Maori Affairs
Act, 1953 - Rights of existing lessee - Quaere, whether
section can apply in
case of a resolution for alienation.
Maori Appellate Court, Wellington, May 14th 1956 (Aotea district)
Chief Judge Morison, Judges Jeune and Brook,
Wanganui A.C.M.B. 11, folio 238.
Confirmation of Resolution of Assembled Owners - Difference in
procedure between confirmation of a resolution and confirmation of an instrument
of alienation
- Time when right of appeal accrues - no right of appeal upon
confirmation of a resolution until order made confirming resolution.
Maori Appellate Court, Rotorua. October 5th 1956 - Chief Judge Morison and judges O'Malley and White.
Rotorua A.C.M.B. 3, folio 300.
(Circulated)
Confirmation - Resolution of owners - Sale of timber - Resolution
modified by Court by increasing royalty and fixing terms of payment - Appeal
by
grantee on grounds that amount of royalty and amounts of quarterly instalments
fixed by the Court were excessive - Rate of royalty
in excess of State Forest
Service rates - This found to be general in Waiariki District. The accepted
practice in timber grants is
to ensure that the full consideration is paid up
before the expiry of the grant and in addition that the royalty instalments
(independent
of the deposit) at least cover the timber cut from time to time.
Maori Appellate Court, Rotorua. November 18th 1957. Judges Smith and O'Malley, Rotorua A.C.M.B. 4, folio 110.
(Circulated)
Confirmation - Resolution of Assembled Owners - Proceedings at
meeting irregular - No valid resolution passed.
Maori Land Court - Waikato Maniapoto District, September 8th 1955, Chief Judge Morison.
Waikaro-Hauraki M.B. 2, folio 143.
Confirmation - Right of alienor to withdraw - Right of a stranger
to be heard in opposition to confirmation - Functions of Court on
confirmation.
Maori Land Court, Gisborne, March 1952. Chief Judge Morison, Gisborne M.B. 73, folio 394.
(Circulated)
Confirmation - Transfer - Alienation contrary to interests of
vendors - Undue aggregation.
Maori Appellate Court, Auckland, May 1956, Judges Smith and Brook.
Auckland A.C.M.B. 13, folio 30.
Re Rangitoto-Tuhua 33C3B4B1D4 and 5A.
Confirmation - Transfer Decision to confirm Modification of terms
of alienation by increase of price - Provisions as to payment - Not complied
with - confirmation not completed - Application for "recission" of "provisional
confirmation" - Death of one of purchasers ‑
Review of application for
confirmation - Principles.
Maori Land Court, Ngaruawahia, September 9th 1955.
Judge Harvey W.H.M.B. 2, folio 94.
Re Puteahapakapai No.4 - Transfer to Puti Wetere and Another.
Confirmation - Transfer by sole owner - Part of purchase money
directed be held in trust for children of owner - Validity of this direction
challenged
- Order by consent.
Maori Appellate Court, Auckland, April 19th 1955 - Judges Harvey and O'Malley, Auckland A.C.M.B. No.12, folio 372.
Confirmation - Transfer - Effect of the provisions of the
Servicemen's Settlement and Land Sales Act, 1943, upon a sale of Maori freehold
land requiring
confirmation.
Maori Land Court, Wellington, May 19th 1948. Judge Whitehead,
Wellington M.B. 37, folio 1.
Re Ngarara West A No.78 Lot 7.
Confirmation -Transfer - Lessee purchasing shortly after
commencement of lease consideration at approximately amount of Lessor's interest
according to Government
Valuation - competition from other possible buyers
eliminated by the lease - attitude of Court to such purchases - confirmation
refused.
Maori Appellate Court, Auckland, March 15th 1957. Chief Judge Morison and Judge Prichard,
Auckland A.C.M.B. 13, folio 61
Re Te Whetu A3B (circulated) - Transfer to E. Sanders.
Conquest - title by conquest - leader of conquering party dying
before title investigated - Descendants cannot claim under a title of ancestry -
Interest falls
back into the general claim of the conquering party.
Maori Appellate Court, Wellington, 9 July 1936 Verbal dictum of Chief Judge, Wellington A.C.M.B 7 folio 206.
Costs of Valuers' fees and expenses - assessment of compensation
for land taken - Party and party coats against Crown taking land.
Maori Land Court, Rotorua, Judge Prichard, 10th July, 1956.
Rotorua M.B. 104, folio 63.
(Circulated)
Costs - Compensation For land taken - Several Claimants
separately represented - Award and division of costs - principles.
Maori Appellate Court, Wellington, March 31st, 1944.
Judges Carr and Beechey.
South Island A.C.M.B 6, folio 245.
Costs - Contested probate- probate refused - Appeal against
refusal --Decision of lower Court upheld with ooste against the appellant
‑question of costs
of :‑
(a) The executor and sole beneficiary.(b) Persons opposing the grant of probate.
Maori Land Court, Hastings, September 15th, 1948.
Judge Whitehead.
Napier M.B. 87 folios 387 and 388.
Costs - Application for probate - Maori Land Court and Maori
Appellate Court - Application to Appellate Court for order directing payment of
Solicitors’ costs
and for order charging the estate and interests of
beneficiaries with the amount of such costs.
Maori. Appellate Court, Hastings, 31st May, 1946.
Chief Judge Morison and Judge Whitehead.
Wellington (Hawkes Bay) A.C.M.B. 8, folio 30.
Re Mihiroa Tinimene and Tamati Nikera, deceased.
Custom - Disputed paternitv - Mother of the child married -
Husband has the option acknowledge or repudiate child.
Maori Appellate Court, February 6, 1907. Chief Judge Seth Smith and Judge McCormick:
Auckland A.C.M.B. folios 7 and 9.
Re Succession Meri Tiki te Pune.
Family Protection - Child - Court has power to appoint to a child
something less than an absolute interest in real property.
Maori Appellate Court, Wellington, March 5th 1937.
Chief Judge Jones and Judge McCormick.
Wellington A.C.M.B., folio 231.
Re Tu Turetahi Brightwell, deceased.
Family Protection - Orphan grandchildren, adults and minors -
Widow living - Principles in Maori Land Court - Circumstances of grandchildren -
Claims
refused as to certain lands - Leave reserved for further submissions as
to other lands.
Maori Land Court, Gisborne, March 16th 1956.
Judge Smith.
Waiapu M.B. 125, folio 261.
Family Protection - Orphan grandchildren - Widow living at death
of testator, but dying before claim disposed of - Facts at date of death of
testator
to be considered - Claims of grandchildren - adults and minors
principles - Substantial Estate.
Maori Appellate Court - Gisborne, April 20th 1956.
Chief Judge Morison and Judges Prichard and Brook.
Gisborne A.C.M.B. 27, folio 347.
Family Protection - Successive applications - Previous application
finally disposed of - No power for Court to hear further application.
Maori Appellate Court, Hastings, April 13th 1956.
Chief Judge Morison and Judge Prichard.
Hawkes Bay etc. A.C.M.B. 8, folio 189.
Family Protection - Widow - Testator legally married - Separated
from legal wife - living with another woman until his death - legal wife living
at
testator's death - Contention that sections 177 and 178 Maori Land Act 1931
excludes widow of legal marriage - Provision made by
Court for child of second
“marriage".
Maori Appellate Court, Wellington, March 5th 1937.
Chief Judge Jones and Judge McCormick.
Wellington A.C.M.B. 7, folio 231.
Re Tu Turetahi Brightwell, deceased.
Gift - European Land, - No Maori custom can apply.
Maori Appellate Court, Auckland, March 6th 1931.
Chief Judge Jones, Judges McCormick and Browne.
Auckland A.C.M.B. 11, folio 359.
Re Oturei 1A and 1B and Okapakapa.
Gifts - "Ohaki" and 'Tuku” - Statement as to the nature of,
and actions necessary to constitute such gifts.
Maori Appellate Court, Wanganui, May 12th 1894.
Judge 0’Brien.
Wanganui A.C.M.B. 3, folio 116.
Gift of money by an aged and illiterate man to his son with whom
he lived -Presumption of invalidity of gift arising from circumstances - Onus
on
donee to rebut presumption - Onus not discharged - Gift set aside.
Brown v Brown 20 N.Z.L.R. 40 applied.
Maori Appellate Court, Auckland, March 6th 1936.
Chief Judge Jones, Judge Browne.
Auckland A.C.M.B. 11, folio 362,
Re Whakauruhunga te Roia, deceased,
Hapu - Membership of Pariroa Native Reserve Act 1901 - In order to
be held to be members of a hapu, persons claiming must not only be
descendants
of the appropriate ancestor, but must also from generation to generation have
been identified with the hapu.
Maori Appellate Court, Wanganui, July 10th 1903.
Chief Judge Davy, Judge Butler.
Wanganui A.C.M.B. 8, folio 255.
House site - vesting order - Discretion of Court as to whether or
not an
order will be made.
Maori Appellate Court, Rotorua, March 23rd 1949,
Chief Judge Morison and Judge Dykes.
Incorporation - Mangatu 1, 3 and 4 - Appointment of Block
Committee – Land vested in East Coast Commissioner upon trust -
Jurisdiction of
Maori Land Court to appoint committee - Maori Purposes Act,
1935, Section 18.
Maori Appellate Court, Auckland, June 14th 1946.
(Tairawhiti District).
Chief Judge Morison, Judges Dykes and Prichard.
Gisborne A.C.M.B. 27, folio 118.
Re Mangatu 1, 3 and 4 (Incorporated) (No.1)
Incorporations - Mangatu 1, 3 and 4 - Election of members of
Committee of Management - Confirmation by the Court - Maori Purposes Act, 1947,
Section
25 (12) - Appeal against order on the ground that person appointed was
not a fit and proper person to be appointed - jurisdiction
of Court on
confirmation limited to satisfying itself that the election was properly
conducted or the appointment duly made. There
was no general duty cast upon the
Maori Land Court to protect Maoris in all matters which affect them and which
are properly before
the Court but there is a special duty where there is
legislative authority for the exercise of such duty.
Maori Appellate Court, Gisborne, May 30th 1949. "
Chief Judge Morison, and Judge Whitehead.
Gisborne A.C.M.B. 27, folio 118.
Note : Section 25(12) of the Maori Purposes Act 1947 was amended
by the Maori Purposes Act 1950 Section 61 (4) giving the Court power "on.
sufficient cause being shown to refuse to make an order confirming the election.
The meaning of this provision was considered by
the Supreme Court upon a case
stated re Mangatu 1, 3 and 4 in 1954 reported in (1954) N.Z.L.R. 624.
Re Mangatu 1, 3 and 4 (Incorporated) - (No.2)
Incorporation - Election of Members of Committee of Management -
Confirmation by the Court - Confirmation opposed on ground that persons elected
were not fit and proper persons to be members of committee and on account of
other circumstances surrounding the election - New election
ordered - Power of
Court to refuse confirmation "on sufficient cause being shown" - Maori Purposes
Act 1947 section 25 as amended
by Maori Purposes Act 1950, section 61 - Case
stated for opinion of Supreme Court on the meaning of "on sufficient cause being
shown"
- Held by the Supreme Court :‑
"Those words are wide and unqualified. Whether sufficient cause is shown is a question for the Maori Land Court. I see in these words on the face of them nothing restrictive, nothing that confirms the Court to a particular cause, nothing that disqualifies the Court from refusing to confirm an election on any grounds that it holds sufficient."
Held by the Maori Appellate Court :‑
"The very wide view taken by the Supreme Court as to what constitutes "sufficient cause" gives the Maori Land Court a very unfettered discretion. It may possibly be that any one of the factors referred to by the Maori Land Court for its reasons might in itself not be "sufficient cause" to refuse confirmation upon these general grounds, but we consider that the Court was entitled to look upon the atmosphere at the time of the election, and the background to the election as a whole and to say that these matters constituted "sufficient cause to refuse confirmation. To reverse the decision of the lower Court on this point, the Court would have to find that the lower Court proceeded upon an altogether wrong basis in arriving at its decision."
Maori Appellate Court, Wellington, May 25th 1954.
(Tairawhiti District).
Chief Judge Morison and Judge O'Malley.
Gisborne A.C.M.B. 27, folio 299.
Re Mangatu 1, 3 and 4 (Incorporated) (No.3)
Incorporation - Committee of Management - Election - Special
legislation applying to Mangatu 1, 3 and 4 Incorporation - Maori Purposes
Act,1953,
section 23 - Appointment of persons to fill vacancies on
Committee.
Maori Land Court, Gisborne, August 20th 1954.
Judge Smith.
Gisborne M.B. 77, folio 105.
Re Mangatu 1, 3 and 4 (Incorporated) (No.4)
Incorporation - Application for Court to order that a special
general meeting be held to consider question of "hapu" system of representation
on
committee. - Past history of dissension among committee and rival factions
among owners - Doubt as to whether meeting could be lawfully
held, or properly
controlled, and as to whether any good purpose could be served by it - Order
refused.
Maori Land Court, Gisborne - July 7th 1955,
Judge Smith.
Gisborne M.B. 78, folio 103.
Re Mangatu 1, 3 and 4 (Incorporated) - (No.5)
Incorporation - Committee of Management - Election appointment by
Court - Proxies for voting at general meeting for election witnessed by persons
known to be prospective candidates for election and who were nominated at the
meeting and elected - Validity of these proxies challenged.
Held that proxies
were valid.
Maori Land Court, Gisborne:, April 20th 1956,
Judge Smith.
Gisborne M.B. 79, folio 153.
Re Mangatu 1, 3 and 4 (Incorporated) - (No.6)
Incorporation - Removal of members of committee by the Court
– Maori Affairs Act 1953, section 292 - Order made removing all members of
Committee
and appointing a new Committee including three members of the old
Committee - One person appointed who was not an owner in the land,
with the
intention that he will be appointed Chairman ‑
Maori Land Court, Gisborne, April 17th, 1959,
Judge Smith.
Gisborne M.B. 84, folio 55
Investigation of Title - Claims to ownership and relative shares – Basis of "mana" alone as a "take" - Nature of occupation.
Maori Lana Court, Napier, February 23rd 1924.
Judge Gilfedder
Napler M.B. 72, folio 87.
Investigation of Title - Determination of the time at which Maori customary title must be regarded as settled for the purpose of investigation. The year 1840 fixed.
EXTRACT FROM JUDGMENT.
"The conclusion at which we have arrived, after our experience in the Compensation Court, and as members also of the Native Land Court, is that before the establishment of the British Government in 1840 the great rule which governed Maori rights to land was force - i.e., that a tribe or association of persons held possession of a certain tract of country until expelled from it by superior power, and that on such expulsion, if the invaders settled upon the evacuated territory, it remained theirs until they in their turn had to yield it to others. It is even very doubtful whether the relation of persons to the land was, as a rule, what in the English sense of the term could be styled ownership. Land, with its places of strength, concealment, and security, seems to have been regarded more as a means of maintaining and securing the men who occupied, than the men who occupied it as a means or defending and maintaining possession of the land; so much so, that voluntary migrations where not unfrequent, and we have met with cases in which whole tribes abandoned their ancestral territory and migrated to other parts of the country where the means of living were more plentiful, or where by an amicable amalgamation with other tribes they might hope for a more secure or comfortable existence. A case of this sort appears to have happened on this very block, to which a tribe voluntarily migrated from Kaipara, who merged themselves into the Taranaki tribe, of which they now form an integral part, and in which its members can no longer be distinguished.
We do not think that it can reasonably be maintained that the British Government came to this Colony to improve Maori titles, or to reinstate persons in possessions from which they had been expelled before 1840, or which they had voluntarily abandoned previously to that time. Having found it absolutely necessary to fix some point of time at which the titles, as far as this Court is concerned, must be regarded as settled, we have decided that that point of time must be the establishment of the British Government in 1840, and all persons who are proved to have been the actual owners or possessors of land at that time, must (with their successors) be regarded as the owners or possessors of those lands now, except in cases where changes of ownership or possession have subsequently taken place, with the consent, expressed or tacit; of the Government, or without its actual interference to prevent these changes.
Compelled by absolute necessity to lay down a rule for our guidance as to the time and circumstances when the ownership or title of expelled owners could rightly be regarded as having terminated we can find no other rule to establish than the one now expressed, and we have endeavoured to adhere to it as a fixed rule for our enquiries under The New Zealand Settlements Acts, where the questions at issue are matters purely between the Crown and a portion of its Maori subjects. Of course the rule cannot be so strictly applied in the Native Land Courts, where the questions to be tried are rights between the Maoris inter se, but even in that Court the rule is adhered to, except in rare instances. If greater latitude is allowed, and the date of ownership is permitted to he variable, the confusion will be such as to render any solution of this great question, upon any principle of justice, perfectly hopeless. Thus, we know that there are claims preferred by the Otaki natives to Maungatautari and the whole of Waikato, from which countries they have long been expelled, and from which, at an earlier date, they themselves drove out other tribes. Again Te Rauparaha’s people claim Kawhia on similar grounds, and have sent in claims."
Compensation Court, New Plymouth, June 1866.
Chief Judge Fenton, Judges Rogon and Munro (Judges of the Maori Land Court)
Investigation of Title - Foreshore between high water mark and low
water mark - Ownership by Maoris before the Treaty of Waitangi. Case to be
stated for
Supreme Court on questions of law as to ownership by after the
Treaty.
Maori Land Court, Kaitaia, November 12-15th 1957.
Chief Judge Morison.
Northern N.B. 85, folio 126.
(90 Mile Beach)
Investigation or Title - Occupation - Degree of occupation
necessary to establish right to inclusion in title - Occupation of grandparents
is the most remote
occupation which will give a right to inclusion.
Maori Appellate Court, Russell, October 17th, 1907.
Judges Seth-Smith and MacCormick.
Auckland A.C.M.B. 3, folio 238.
Investigation of Title - General principles applied.by the Maori
Land Court as to origin of the tribal/ title to the land, and support of title
by proof
of occupation - Summary of the various kinds of activities constituting
occupation and loss of right by allowing the "fires to die
out."
Maori Land Court, February 4th 1925.
Chief Judge Jones
South Island Minute Book 23A, folio 86
Investigation of title - Relative Interests - Determination
according to heads of families although accepted in some cases and some
districts, cannot be
accepted as being a general rule – Any general rule
should be modified where necessary to suit the circumstances of individual
cases
‑There is no rule of universal application.
Maori Appellate Court, Wanganui, December 4th 1900.
Chief Judge Davy and Judge Scannell.
Wanganui A.C.M.B. 8, folio 61.
Investigation of Title - Relative Interests - Principles governing
determination of relative interests - Judgments of the Maori Land Court which
determine
title are "judgments in rem.”
Royal Commission consisting of Chief Judge Shepherd; Judges Harvey and Beechey, 1944, Report of Commission.
Waiapu Minute Book 112A, folio 306 (Tairawhiti District)
Re Wharekahika Block.
Investigation of Title - Relative Interests - Principles
governing determination.
Maori Land Court, Tolaga Bay, April 24th 1948.
Chief Judge Morison and Judge Dykes.
Waiapu M.B. 116, folio 77.
Maori Appellate Court, Tolaga Bay, April 8th 1949.
Judges Harvey, Whitehead and Prichard.
Gisborne A.C.M.B. 27, folio 95.
Investigation of Tit1e - Occupation - Block situated in the
"hinterland" - Little evidence of actual occupation - Claims by various hapus
with lands adjoining
or adjacent - Land being investigated being part only of a
Maori Block at one time owned by the Crown but restored to its former
status of
Maori customary land by legislation - Investigation held in 1952.
Maori Appellate Court, Taupo, November 26th 1952.
Chief Judge Morison and Judges Beechey and Prichard.
Rotorua A.C.M.B. 8, folio 150.
Re Te Matai Block.
Investigation of Title - Lake Waikaremoana - Appeals by various
groups ‑ competing tribal claims.
Maori. Appellate Court, Wairoa, April 22nd 1947.
Chief Judge Morison, Judges Harvey and Whitehead.
Gisborne A.C.M.B. 27, folio 46.
Investigation of Title - Orakei Block (Waitemata Harbour) –
Important events from early times in tribal history affecting the area traversed
in the
Court’s decision.
Maori Land Court, Auckland, December 22nd 1869.
Chief Judge Fenton, Henare Pukuatua, Assessor.
(Included in "Important Maori land Judgments")
Investigation of Title - Wanganui River bed - Bed of the River
owned by the Wanganui tribe under the customs and usages at the time of the
Treaty of Waitangi.
Maori Appellate Court, Wellington, December 20th 1944.
Chief Judge Shepherd; Judges Carr, Harvey, Beechey, Dykes and Whitehead.
Wanganui A.C.M.B. 11, folio 110.
Investigation of Title - Foreshore - Estuary - Ngakaroro Mudflats,
Hokianga - Maori claim to ownership opposed by the Crown – Jurisdiction of
Maori
Land Court to investigate title to foreshore.
Maori Appellate Court, Auckland, December 10th 1942.
Chief Judge Shepherd, Judges Beechey and Dykes.
Auckland A.C.M.B. 12, folio 137.
(Whakarape Estuary)
Investigation of Title - conquest principal of conquering party
dying before title investigated - his descendants cannot claim under a title of
ancestry
- interest falls back into the general claim of the conquering
party.
Maori Appellate Court, Wellington, July 9th 1936.
Diction of Chief Judge Jones.
Wellington A.C.M.B. 7, folio 206.
Investigation of Title - Foreshore - Land between mean high water
mark and mean low water mark - Ownership by Maoris before the Treaty of Waitangi
according
to their customs and usages - Preliminary determination in the course
of proceedings upon investigation of title.
Maori Land Court, Kaitaia, November 25th 1957.
Chief Judge Morison.
Northern M.B. 85, folio 126.
(Ninety Mile Beach)
Investigation of Title - Lake Omapere - Maori claim to ownership
opposed by the Crown upon the ground that Maori custom did not recognise the
ownership
of the beds of lakes - Held that the bed of the lake was Maori
Customary Land.
Maori Land Court, Auckland, August 1st.1929.
Judge Acheson.
Bay of Islands M.B. 11, folio 253.
Investigation of Title - Mokoia Island - Competing tribal claims -
determination on these claims - Determination of individual owners not
completed.
Maori Land Court, Rotorua, November 16th 1916.
Judge McCormick.
Mokoia M.B. 3, folio 85.
Investigation of Title - Mokoia Island - Further preliminary
determination on the ascertainment of title and relative shares.
Maori Land Court, Rotorua, March 18th 1953.
Judge Smith.
Rotorua M.B. 99, folio 131.
Investigation of Title - Mokoia Island - Appeals as to competing
tribal claims, individual claims and relative shares.
Maori Appellate Court, Rotorua, March 11th 1955.
Chief Judge Morison, Judges Harvey and Prichard.
Rotorua A.C.M.B. 3, folio 278.
Investigation of Title - Foreshore - Porirua Harbour - Mudflats
– Quaere as to whether the Maori Land Court has jurisdiction to. grant
title.
Maori Land Court, Porirua, August 1st 1833. [Note: should the year be 1883?]
Chief Judge McDonald and Judge Puckey.
Wellington M.B. 1, folio 147.
Re Porirua Foreshore (Parumoana).
Investigation of Title - Foreshore - Kauwaerenga Mud Flats.
Question whether Maoris were entitled to a title to the ownership of the land,
or whether they
were entitled to a title to "fisheries” - Lengthy review
of various authorities on ownership and rights over tidal waters and
the land
below them.
Held :- "there can be no failure of justice if the Natives have
secured to them the full exclusive and undisturbed possession of all
the rights
and privileges which they or their ancestors have ever exercised; and the Court
so determines declining to make an order
for the absolute property of the soil,
at least below the surface.
Maori Land Court, Thames, December 3rd 1870.
Chief Judge Fenton.
Hauraki M.B. 4, folio 236.
Lease - Order under section 237, Maori Affairs Act, 1953,
directing Maori Trustee to execute a renewal - order including a direction as
to
the amount of the rent under such renewal this amount having been determined by
the Court, there being a dispute between the parties
as to the amount.
Held:
the Court had no jurisdiction to determine questions arising between the parties
as to the terms of the instrument of renewal
to which the lessee is entitled -
Order amended by Chief Judge by deleting the words fixing the amount of the
rent.
Chief Judge (acting under Section 452, Maori Affairs Act, 1953)
Wellington, January 20th, 1959. Chief Judge Morison.
C.J.M.B. 7, folio 146.
Maori Appellate Court - Jurisdiction created by section 42, Maori
Affairs Act, 1953 - Jurisdiction only in respect of "Final Order". Where an
order appealed
from is not a final order, the Maori Appellate Court has no
jurisdiction to determine the subject matter of the appeal on its merits
- The
appeal must be dismissed upon the ground that the Appellate Court has no
jurisdiction to determine the matter,
Maori Appellate Court, Gisborne, September 18th 1958,
Chief Judge Morison, Judges O'Malley and Brook.
Gisborne A.C.M.B. 28, folio 32.
Re Estate Hamuera Ngarimu, deceased.
Maori Land Court - General duty to protect Maoris in all matters
affecting them - There is no general duty cast upon the Court to protect Maoris
in
all matters affecting them and which are properly before the Court but there
is a special duty where there is legislative authority
for the exercise of such
duty.
Maori Appellate Court, Gisborne, May 30th 1949.
Chief Judge Morison and Whitehead.
Gisborne A.C.M.B. 27, folio 118.
Re Mangatu 1, 3 and 4 Incorporated
"Marriage" according to Maori custom - A marriage (so called)
according to native custom is not a marriage at all. It is a mere cohabiting by
two persons either of whom
may dissolve the contract at pleasure. The fact that
such relationships are recognised for certain purposes of succession under the
Native Lard Acts merely emphasises that they are not marriages according to the
law of New Zealand for any other purpose or in any
other way.
Maori Appellate Court, Wellington, August 16th 1929.
Chief Judge Jones, Judge MacCormick.
South Island and Wellington A.C.M.B. 6, folio 60.
Re Meri Pori, deceased.
"Marriage" according to Maori custom - Land purchased in the name
of the "wife" with money provided by the "husband"
Held that the presumption
of a gift to the wife which would apply in the case of a legal marriage does not
apply, the result being
that there was a resulting trust in favour of the
"husband" - The claim by the "wife" to possession of the land was dismissed.
Maori Appellate Court, Wellington, August 22nd 1929.
Chief Judge Jones, Judge MacCormick.
Wellington A.C.M.B.6, folio 70.
Moriori - Succession - Deceased having part Moriori descent
through his father - Succession to land in Chatham Islands reserved for certain
persons of
Moriori descent, upon investigation, with consent of Maori claimants,
the title of the Morioris having been held to have been extinguished
by the
Maori conquest:
Deceased dying without issue and without brothers or sisters
or issue of such - No definite evidence as to relationship to other Moriori
owners in the reserve - succession made in favour of issue of last survivor of
the owners, who are also the last surviving full blooded
Moriori.
Maori Land Court, Wellington, 1938.
Judge Shepherd,
Wellington M.B. 31, folio 258
Re Hohepa Henare Ngamapu, deceased.
Ngati Kahungunu - History of causes which led to the Ngati
Kahungunu settling in the Hawkes Bay District.
Maori Appellate Court, Hastings, March 4th 1899,
Judges A. Mackay and W. Mair.
Napier M.B. 47, folio 355.
Ninety-Mile Beach - Investigation of Title - Foreshore - Land
between mean high water mark and mean low water mark - Ownership by Maoris
before the
Treaty of Waitangi according to their customs and usages -
Preliminary determination in course of investigation of title.
For Copy judgment see under "Investigation of Title".
Maori Land Court, Kaitaia, November 15th 1957.
Chief Judge Morison.
Northern M.B. 85, folio 126.
Re “Mile Beach"
Notice of. Proceedings - Appeal by person affected by an order on
the ground that she had no notice of the proceedings and therefore had no
opportunity
of presenting her case. Rehearing ordered by the Appellate
Court.
Maori Appellate Court, Gisborne, March 23rd 1950.
Chief Judge Morison and Judge Dykes.
Giaborne A.C.M.B. 27, folio 140.
Re Whare Purakau (Creech) deceased.
Order - Final Order under section 135 Maori Affairs Act 1953 - To
constitute a final order in respect of any block the order must determine
all
the persons legally entitled to succeed - An order determining that a certain
person is one of the persons so entitled is not
a final order.
Maori Appellate Court, Gisborne, September 18th 1958.
Chief Judge Morison, Judges O'Malley and Brook.
Gisborne A.C.M.B. 28, folio 32.
Palmerston North Reserve - Succession to rent held by Maori
Trustee subject to section 550, Maori Land Act 1931 - Maori Purposes Act 1937,
section 13 - Maori
Purposes Act 1946, section 15. Hare Parata became an owner by
virtue of the Act of 1937 and ceased to be an owner by virtue of the
Act of 1946
- Held that the successors to Hare Parata were entitled to rent received in
respect of the interest of Hare Parata during
the time that he was an owner.
Maori Land Court, Wellington, June 28th 1949.
Judge Whitehead.
Wellington M.B. 37, folio 170.
Palmerston North Reserve - Special Legislation - Maori Purposes
Act 1946, section 15 - Effect of this legislation on the interest of the
deceased, and succession
to that interest considered.
Maori Land Court, Wellington, October 14th 1949.
Judge Whitehead.
Wellington M.B. 37, folio 246.
Re
Wiremu Tini Waitapu, deceased.
Palmerston North Reserve -
Special legislation - Maori Purposes Act 1948, section 18 – Court
empowered to inquire whether through some error or omission
the name of Wi Hapi
Pakau was omitted from a list of owners in a Declaration of Trust of October
24th 1887 – No error or omission
proved.
Maori Land Court Wellington, October 14th 1949.
Judge Whitehead.
Wellington Minute Book 37, folio 250.
Partition order constitutes a legal estate in fee simple when
pronounced, although it has not yet been drawn up and sealed and the land has
not been
surveyed. – Rawiri te Peke v Stockman 1917 G.L.R. 550, and The
King v Waiariki District Maori Land Board [1921] NZGazLawRp 237; (1922) N.Z.L.R. 417, applied.
Maori Appellate Court, Wellington, December 1958. (Tairawhiti District)
Chief Judge Morison, Judges Prichard and Jeune.
Gisborne A.C.M.B. 23, folio 36.
Partition – Land used as a marae etc, but not set aside as a
Maori reservation - Buildings erected by adherents of a religious sect for
religious purposes - Owners later divided between two religious sects -
Dissensions arising between two groups - Partition essential
- Dispute as to
allocation or buildings on partition.
Maori Appellate Court, Rotorua, October 6th 1952. (Tokerau District)
Chief Judge Morison, Judge Harvey.
Auckland A.C.M.B. 12, folio 324.
Partition - Cancellation or Partition Orders under section 184,
Maori Affairs Act, 1953 - House built for owner of one subdivision on adjoining
subdivision in error - Application by Registrar for cancellation of partition
and re-partition - Owners of land on which house built
opposing application -
Question of acquiescence by these owners raised but not decided - Matter
determined by the Court on "A balance
of justice" or substantial justice -
Partition orders cancelled and land re-partitioned so as to give person for whom
house built
lend upon which it was built - Held (Judge Prichard dissenting) that
owners or subdivision upon which house built were entitled to
have their rights
determined upon established principles of law and equity - Orders made by Maori
Land Court cancelled.
The maxim."quicquid plantatur solo solo cedit" applies
to Maori freehold land.
Maori Appellate Court, Wellington, December 1958. (Tairawhiti District)
Chief Judge Morison, Judges Prichard and Jeune.
Gisborne A.C.M.B. 28, folios 36 to 61.
Partition - Cancellation "wholly or in part" - Maori Land Act
1909, section 121(1) - the words "wholly or in part" contained in
sub‑section (1) of Section 121 of the Native Land Act, 1909, do not
authorise the Court to vary or amend an order - there must be a
cancell‑ation - It seems to us that in this subsection
the words
"partition order" may be read as meaning a division of land into
subdivisions, or what is usually described as a "partition" which comprises
“orders" for the several subdivisions into which are area has been
divided or partitioned. In such a case the "orders" for two or more subdivisions
could be cancelled while those for the other subdivisions could be left
untouched. This in our opinion would be such a cancellation
"in part" at is
intended by the section.
Maori Appellate Court, Auckland, October 21st 1916.
Chief Judge Jackson Palmer, Judge MacCormick.
Auckland A.C.M.B, 10, folio 322.
Partition - Jurisdiction to partition is discretionary - Maori
Land Act 1931, section 137 - Review of such discretionary decision by the
Appellate
Court.
Maori Appellate Court, Gisborne, March 23rd 1950.
Chief Judge Morison, Judge Dykes.
Gisborne A.C.M.B. 27, folio 141.
Partition - Farm land of varying quality - there should be some
evidence of valuation to enable the Court to make a just and equitable
partition,
unless the parties consent to the proposed partition.
Maori Appellate Court, Gisborne, May 30th 1949.
Chief Judge Morison, Judge Whitehead.
Gisborne A.C.M.B. 27, folio 116.
Partition - Improvements - Building - House erected by lessee the
father of some of the owners - Possibly that two of these owners contributed
to
cost of house - Lease passing into hands of one of these owners as lessee -
Claim to the house made by this owner as against other
members of her family -
Another group of owners, being a different. family, making no claim to house on
partition.
Maori Appellate Court, Auckland, July 15th 1952.
Chief Judge Morison, Judge Harvey.
Auckland A.C.M.B. 12, folio 350.
Partition - Improvements by one owner - Principles governing
rights of such owner - Improvements added by lessee who subsequently became an
owner - Claim as purchaser for value without notice of rights of owner adding
improvements - Nature of such rights.
Maori Appellate Court, Gisborne, 3rd July and 20th December 1952.
Chief Judge Morison and Judge Prichard
Gisborne A.C.M.B. 27, folio 163 and 203
Re Hauomatuku 8B
Partition - Some interests leased - Remaining interests sold to a
European - Lessee entitled to be heard on partition.
Native Appellate Court, Wanganui, March 27th 1920.
Chief Judge Jones and Judge Acheson.
.Wanganui A.C.M.B. 10, folio 331.
Practice - Appeal - Application to call further evidence –
Evidence called in lower Court on same matter - Several opportunities of
calling
further evidence In lower Court Application refused.
Native Appellate Court, Wellington, September 30th 1915.
Judges MacCormick and Fisher.
Wellington A.C.M.B. 4, folio 22.
Partition - Claim to a portion of the land on grounds of
occupation by the claimants of that portion - such occupation of recent origin,
and
objected to by other owners - award of the area to the occupiers not
upheld.
Maori Appellate Court, Wanganui, July 26th 1906.
Chief Judge Seth-Smith, Judge Jones.
Wanganui A.C.M.B. 9, folio 14.
Practice - Appeal - Definition of relative interests - Principle
to be applied by Appellate Court in reviewing des lion of Maori Land Court
determining relative interests.
Maori Appellate Court, .Wanganui, June 18th 1917.
Chief Judge Jackson Palmer, Judge MacCormick,
Wanganui A.C.M.B. 2, folio.181.
Probate - Opposition to grant of probate on the grounds that terms
of the will were uncertain in their effect as bequests - Probate refused
- Held
upon appeal that upon an application for probate, if the instrument propounded
is capable of having any effect as a testamentary
instrument, and the Court is
satisfied as to due execution and testa‑mentary capacity, the Court must
grant probate, and any
question as interpretation of the will must be left to be
determined in subsequent proceedings.
Maori Appellate Court, Gisborne, May 30th 1949.
Chief Judge Morison, Judge Whitehead.
Gisborne A.C.M.B. 27, folio 122.
Re Katerina Takawhari, deceased.
Probate – Wills made in 1933 and 1942 - Codicil made in 1943
referring to will of 1933 and purporting to partially revoke it - No reference
to will of 1942 - Draftsman of codicil unaware of existence of 1942 - will of
1933 revived by codicil but will of 1942 not revoked
– Probate granted of
all three documents.
Maori Land Court, Wellington, April 19th 1945.
Judge Whitehead
South Island M.B. 32, folio 179.
Probate - Court her: no power to cary the terms of a Will.
Maori Appellate Court, Wanganui, March 15th 1923.
Wanganui A.C.M.B. 10, folio 417.
Probate - Testamentary capacity - Testator subject to a religious
mania or delusion, some sexual abnormality, and melancholia - In other
respects
a normal person - Held that the testator's condition did not affect her capacity
to make the will in question - Maori. Land
Court directed to grant probate.
Maori Appellate Court, New Plymouth. July 26th 1956.
Chief Judge Morison, Judge Smith.
Wanganui A.C.M.B. 11, folio 272.
Re Mawhaturia Rangimatakite, deceased.
Probate - Under influence - Suspicion of Court aroused –
Testamentary capacity - cases considered.
Maori Appellate Court, Hastings, March 24th 1948.
Chiefr Judge Morison, Judge Harvey.
Hawkes Bay A.C.M.B. 8, folio 75.
Probate - Undue influence – Testamentary capacity..
Maori Appellate Court, Wanganui, July 26th 1906.
Chief Judge Seth-Smith, Judge Jones.
Wanganui A.C.M.B. 9, folio 16.
Rating - Rate Charging Order - Land owned by several owners in
common.- Previously owned by one owner long since dead, whose name still
appears
in the "Owners” column on valuation roll - Land subject to a lease for 15
years - Name of lessee appearing in "Occupiers"
column - Demand for rates made
on lessee - Rates not paid - Application for charging order - Claim by County
that (a) no demand or
owner or occupier necessary, or (b) demand on. lessee
sufficient - Claim by owners that rates cannot be recovered from owners without
a demand made upon them.
Held that demand on the occupier is sufficient to
sustain an application for charging order. Minister of Lands v The Native
Trustee [1941] NZGazLawRp 46; (1941) N.Z.L.R. 503 considered. Provisions of Part II of the Rating Act
1925 - Maori Land Rating - generally considered.
Maori Appellate Court; Auckland (Ikaroa District) January 10th 1949.
Judges Beechey and Prichard.
Wellington A.C.M.B., folio 98.
Rating - Rate Charging Order - Rate demand issued in name or a
Maori appearing in Valuation roll as the owner and occupier, such person
being
long since dead.
Held that the demand must be made upon the person
liable for the rates; that a person who was dead at the time when the Rate
Roil was made up cannot be a person liable for rates; that therefore
no valid
demand for rates had been issued - Charging Order refused.
Minister of Lands
v. Native Trustee [1941] NZGazLawRp 46; (1941 N.Z.L.R. 503 and Patangata County Council
v White & another 31 N.Z.L.R. 999 considered.
Maori Land Court, Wellington 1948, Chief Judge Morison.
Wellington M.B. 37, folio 25.
Rating - Rate Charging Order - Rates levied under Swamp Drainage
Amendment Act 1928 - Rating Act 1925,section 108 (6) - Power to remit in
case of
hardship or indigency - No evidence called as to hardship or indigency - Court
deciding matter upon "circumstances disclosed
to the Court or already known to
the Court" –
Held that there had been no proper proof of hardship or
indigency - Order remitting rates cancelled. If the rates are proved to have
been levied and are still due and owing the Court upon application is bound
except under special circumstances to make charging orders.
Maori Appellate Court, Auckland, June 25th 1935.
Chief Judge Jones, Judge MacCormick.
Auckland A.C.M.B. 12, folio 26.
Re
Allotment 68, Parish of Ahipara.
Rehearing - Parties on an
appeal both asking for an order directing a rehearing, by consent - Court
required to be satisfied that there are
good reasons for directing a
rehearing.
Maori Appellate Court, Gisborne, March 23rd 1950.
Chief Judge Morison, Judge Dykes.
Gisborne A.C.M.B. 27, folio 139.
Re
Tikitiki B20.
Rehearing - Refusal of Maori Land Court to grant
rehearing - No right to apply for rehearing until an order made - Section 28 (1)
Maori Affairs
Act 1953 - No order made - Appeal dismissed..
Maori Appellate Court - Rotorua - October 5th 1956 ‑
Chief Judge Morison, Judges O'Malley and White.
Rotorua A.C.M.B. 3, folios 298 and 299.
Re Estate William Nicholas, deceased.
Res Judicata - Decision on succession to a certain deceased in one
block does not creat an estoppel against parties claiming to be entitled to
succeed to the interest of the same deceased in another block.
Maori Appellate Court, Wanganui, March 27th, 1920.
R.N. Jones, Chief Judge and F.O.V. Acheson, Judge.
Wanganui A.C.M.B. 10, folio 332.
Reserve - Westport Town Sections - Determination of persons
beneficially entitled - Reserves conveyed to the Crown for administration under
Native Reserves Act 1856 - Proceedings do not amount to an investigation of
title, but customary rights of claimants have a bearing
on the determination -
Court to determine who were the people intended by the Crown under the bargain
of sale which was made, to
derive benefit from the reserves - History and effect
of the tribal movements in the area considered.
Maori. Appellate Court, Wellington, May 19th 1948.
Chief Judge Morison, Judge Dykes.
Wellington A.C.M.B. 8, folio 107.
River Bed - Separate blocks on either side of river - Titles
investigated and blocks partitioned - River suddenly changing its course -
Survey
plans on partition showing banks of the river as boundaries - Question of
ownership of the old bed of the river between these two
blocks - No separate
claims ever set up to the bed of the river by the owners on either side - No
claim ever preferred by any other
body of Maoris -
Held that the title to
each block included one half of the bed of the river and that on partition the
land comprised in each partition
order included a corresponding portion of the
bed of the river.
Maori Land Court, Wellington, August 25th 1941.
Chief Judge Shepherd
Wellington M.B. 33, folio 299.
Re Himatangi and Tuwhakatupua Blocks.
Road - Maori Land Court upon application by Registrar purporting to
determine the legal position of certain alleged roads or rights
of ways -
Intricate questions of law as to rights of person who had purchased parts of the
land with access to such roads or rights
of way. Held that the Maori Land Court
had no jurisdiction to determine these questions and to make an ordor declaring
the rights.
Maori Appellate Court, Wanganui, March 17th 1923.
Chief Judge Jones, Judge MacCormick.
Wanganui A.C.M.B. 10, folio 420.
Roadway for extraction of timber - Section 442 Maori Affairs Act
1953 - Application by one miller for order authorising him to use road
constructed and being used
by another miller; and to construct and use a new
road through bush necessitating the felling of timber trees - Security to be
lodged
for compensation in respect of trees felled - Order refused by lower
Court - Appeal allowed and order made by Appellate Court - Form
or Order -
Claims for compensation to be heard by lower Court upon applications under
section 442(5).
Maori Appellate Court, Hastings, July 25th 1957 (South Island District)
Chief Judge Morison, Judge Prichard.
South Island A.C.M.B. 8A, folio 88.
Re Rowallan Block VIII, Sections 4 and 5.
Rotorua Township - Report by Maori Land Court under special
legislation with respect to the administration and subsequent purchase by the
Crown of
the Pukeroa Oruawhata Block forming the Rotorua Township.
Maori Land Court, May 21st 1936, Chief Judge Jones.
Re Rotorua Township
Pikeroa Oruawhata Block.
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Statutes
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Page
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Re Marlene Pine, dec’d
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Finance
Act (No.3) 1944 Section 29, sub-section 1, Clause C
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Finance
Act (No.3) 1944 Section 29, sub-clauses (b), (c) and (d)
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Re Mataraua
C2B
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Finance
Act (No.3) 1944 Section 29, sub-section 1, Clause C
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Infants
Act 1908, Section 21
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(Note::
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The word “Maori” has been substituted for “Native”
in the title to all Acts prior to 1947).
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Maori Land :Acts Amendment Act 1831, Section 7
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Re Hineipakatea, dec’d and Re Pateriki Hawaiki, dec’d
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Re Ihaka Te Hau Paimarire, dec’d.
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“
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Maori
Land Act, 1909, Section 121 (1)
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Maori
Land Act, 1909, Section 178
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Maori
Land Act, 1909, Section 439
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Maori Land Act, 1934,Section 38
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Re Adoption of Shona Maria Armstrong
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Maori
Land Act, 1931, Section 38
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“ “
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Maori
Land Act, 1931, Section 137
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Maori
Land Act, 1931, Sections 177 and 178
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Maori
Land Act, 1931, Section 273 (1)(b)
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Re Taranaki Iti No.1
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Maori
Land Act, 1931, Section 280
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Re Ihupuku C
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“ “
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“ “
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Re Rangitoto Tuhua 36A2C7 and 36A2C8
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Maori
Land Act, 1931, Section 540
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Maori
Land Act, 1931, Section 550
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“ “
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Maori
Purposes Act, 1935, Section 18
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Maori
Purposes Act, 1937, Section 13
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Maori
Purposes Act, 1943, Section 18
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Maori
Purposes Act 1946, Section 15
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“ “
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Re Wirimu Tini Waitapu, dec’d.
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Maori
Purposes Act, 1947, Section 25 (12)
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Re Mangatu 1, 3 and 4, (Incorporated) (No.2)
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Maori
Purposes Act, 1947, Section 25, as amended by Maori
Purposes Act, 1950, Section 61(4)
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Re Mangatu 1, 3 and 4, (Incorporated) (No.3)
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Maori
Purposes Act, 1948, Section 18
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Maori
Purposes Act, 1953, Section 23
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Maori
Affairs Act, 1953, Section 28, Sub-section 1.
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Re Estate William Nicholas, deceased
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Maori
Affairs Act, 1953, Section 42
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Maori
Affairs Act, 1953, Section 133
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Maori
Affairs Act, 1953, Section 135
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“ “
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Maori
Affairs Act, 1953, Section 184
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Maori
Affairs Act, 1953, Section 213
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Maori
Affairs Act, 1953, Section 230
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Maori
Affairs Act, 1953, Section 237
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Re Ohinepoutea Block
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Maori
Affairs Act, 1953, Section 292
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Maori
Affairs Act, 1953, Section 442
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Maori
Affairs Act, 1953, Section 452
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“ “
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“ “
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Maori
Affairs Act, 1953, Section 456
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Re Harete Luxon, dec’d
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Maori
Vested Land Administration Act, 1954, Section 61
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Rating
Act, 1925, Section 108 (6)
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West
Coast Settlement Reserves Act, 1892, Section 5
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Wills Act, 1837, Section 33
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Succession - Adopted child - a European - Adopting under the Adoption of Children Act, 1895 - Notice of Adoption under Native Land Claims Adjustment and Laws Amendment Act, 1901, section 50,
Native Appellate Court, Wanganui, July 18th 1910.
MacCormick and Gilfedder, Judges.
Wanganui. A.C.M.B. 10, folio 17.
Succession - Adoption - Claims by adopted child to succeed to father or brother of the father of the adopting parent -
Held, there being no Native custom to the contrary the matter appears to be governed by the Infants Act, 1908. Section 21 of that Act expressly provides that the adopted child shall not, by reason of such adoption be entitled to take property from the lineal or collateral kindred or such adopting parent by right of representation. In this case the kindred are the father and an uncle of the adopting parent. What "by right.of representation" means is explained in In Re Taylor [1932] NZGazLawRp 128; 1932 G.L.R. 656 and Peddle v Beattie [1933] NZGazLawRp 87; 1933 G.L.R. 586 and seems to cover the claim in this case.
Chief Judge Jones (Acting under section 38, Maori Land Act, 1931), Wellington, March 10th 1939.
Succession - Adopted child - Customary adoption of a European child
claimed - No such adoption possible - Alleged adoption registered
under Native
Land Claims Adjustment and Laws Amendment Act, 1901, Section 50. - Registration
prime facie evidence only - Native Land
Court may inquire into the fact of
adoption -
Maori Appellate Court, Wellington, April 21st 1921.
Wellington A.C.M.B. 4, folio 183.
Succession - Adopted Child - Customary adoption - Proof of adoption.
Maori Appellate Court, Wanganui, April 14th 1902.
Edger and Johnson, Judges.
Wanganui A.C.M.D. 8, folio 126
Succession - adopted child - customary adoption - Strict proof of
such adoption required.
Maori Land Court, Wairoa, October 7th 1911.
Judge R.N. Jones,
Wairoa M.B. 19, folio 178.
Succession - Adopted child - Customary adoption –
Requisities to constitute such adoption.
Chief Judge Jones (acting under section 7, Maori Land Amendment and Claims Adjustment Act, 1922), Gisborne, January 6th, 1930.
C.J.M.B. 1, folio 246.
Re Tautahi Tuwhahipa, deceased.
Succession - Adopted child - Customary adoption - Deceased parent dying prior to March 31st, 1902 - Native Land Claims Adjustment and Laws Amendment Act 1901, section 50 - Native Land Act, 1909, section 161.
Maori Appellate Court, Wellington, October 1926.
Chief Judge Jones and Judge MacCormick.
Wellington A.C.M.B. 5, folio 240.
Re Pateriki Hawaiki, deceased.
Succession - Adopted child - Customary adoption registered under the Native Land Claims Adjustment and Laws Amendment Act, 1901, section 50 - Effect of registration - prima facie evidence of an existing adoption, which may be disproved.
Maori Appellate Court, Wanganui, October 11th 1912.
Chief Judge Jackson Palmer, and Judge Rawson.
Wanganui A.C.M.B. 9, folio 133.
Re Ihaka Te Hau Paimarire, deceased.
Succession - Adoption - Deceased an adopted child - Interests being
succeeded to acquired by deceased by succession to adopting parent - Deceased
dying interstate leaving issue - Claim that next-of-kin of adopting parent
of deceased entitled to succeed.
Held that issue of deceased entitled.
Maori Appellate Court, Wanganui., December 5th 1900.
Chief Judge Davy, Judge Scannell.
Wanganui A,C.M.B. 8, folio 74.
Succession - Adoption - Deceased dying intestate leaving two adopted children - one child dying shortly after deceased - application for succession to deceased made after death of child - Next of kin of deceased claiming that the interest of deceased child should "revert to the source", i.e. the deceased, and that next-of-kin entitled to succeed to one-half share together with the surviving .adopted child for the other half.
Held that according to Maori custom the adopted children were regarded as children of the body of the deceased, that therefore they must be treated as brothers, and that the surviving child was entitled as sole successor.
Re Pura Rora deceased applied (Maori Appellate Court : Wanganui
December 5th 1900, Chief Judge Davy and Judge Scannell.)
Chief Judge (acting under section 452 Maori Affairs Act 1953) Wellington, September 16th 1959, Chief Judge Morison.
Succession - Adoption - Deceased died intestate leaving two adopted
children one of whom died shortly after the deceased leaving a child -
Held
that the child of the deceased adopted child was entitled to succeed together
with the surviving adopted child.
Collateral relatives of an adopted child
have no right to succeed to interests of the adopting parent.
Maori Appellate Court, Gisborne, December 12th 1916.
Chief Judge Jackson-Palmer, Judge Rawson.
Gisborne A.C.M.B. 16, folio 150.
Succession - Adoption - Quaere whether an adopted child is
entitled to succeed to interests of next-of-kin of the adopting parent.
Maori Appellate Court, Gisborne, December 20th 1923.
Chief Judge Jones, Judge Carr.
Gisborne A.C.M.B. 21, folio 182.
Re Harawira te Rea and Wiripine Makaia, deceased. *
Succession - Adopted child - Right through collateral relative of deceased - Deceased died about. 1895 - Child adopted by a sister of the deceased to whom succession claimed, such sister having survived the deceased - Application for succession to deceased lodged by the sister who died before the application was heard - Claim by adopted child to succeed to the deceased.
Held by the Maori Land Court that the adopted child is only entitled to succeed to the property of the foster parent and not to that of the next of kin of the foster parent. The fact of the foster parent surviving the deceased does not give the adopted child any right. According to Maori custom it is only the living persons, (not the dead ones) who succeed.
On appeal, held that the adopting parent being the next-of-kin of the deceased and having survived him and having made application for succession orders, had done all that she could have done to reduce the interests into possession and must he held to have been the owner of them at the time of her death, and that the property would pass to her adopted child on her death without issue.
Hanana Kaira and another v. Hearn and another 2 N.Z.L.R. S.C. 66, and provisions of sections 2,3, 32 and 49 of the Maori Land Court Act 1894 considered.
Maori Land Court, Wairoa October 7th 1911.
Judge R.N. Jones.
Maori Appellate Court, Wellington, August 22nd 1912.
Chief' Judge Jackson Palmer, Judge Rawson.
Gisborne A.C.M.B. 14, folio 271.
Succession- Adoption - The deceased who died interstate without issue acquired the interests in question from one Miriama who had an adopted child Te Paea - Te Paea died before the deceased leaving a will in favour of one Whanui - Upon a claim by Whanui to succeed to the deceased.
Held, that Te Paea never had anything more than a spes successioni or hope of succeeding to the deceased and that this would not pass by Te Paea’s
Will.
Quaere as to whether Te Paea as adopted child of Miriama could have succeeded to the interests of the deceased as the adopting parent was dead long before the interests of the deceased became disposable, and the adopted child could not claim that the adopting parent acquired any rights which she could transmit to her adopted child.
Chief Judge Jones (Acting under section 7, Maori Land Amendment and Land Claims Adjustment Act 1922)
Gisborne April 10th 1931
Re Hanita Tiakiwai and
Hiwha Hamana, deceased.
Succession - Adopted child - Right to succeed - Deceased dying about 1895 - i.e. prior to the Act of 1901 providing for registration of customary adoptions, and prior to the Maori Land Act 1909 providing that no adoption by Maori custom whether made before or after the commencement of that Act is to be of any force or effect unless registered. ‑
Held that the Act of 1909 does not take away a right to succeed to a person who died prior to the commencement of the Act as the right to succeed accrued prior to the commencement of the Act.
Maori Land Court, Wairoa, October 7th 1911.
Judge R.N. Jones.
Wairoa M.B.19 folio 178
Succession - Doubtful paternity - Maori custom - In cases of disputed paternity the Native custom was where a man and woman were living together as husband and wife, and a child was born after the marriage under such circumstances as to raise a suspicion of its legitimacy, the question was practically decided by the husband either adopting the child as his or discarding it as not being his. In the former case the child was recognized as his and was entitled to any advantage accruing to his legitimate children - in the latter case it was not so recognised.
Maori Appellate Court, Wanganui, July 8th 1898.
Judges Scannell and Mair.
Wanganui A.C.M.B. 6, folio 13.
Succession - Doubtful paternity - Maori Custom - By Maori custom
the husband has the option to acknowledge or repudiate the child. If he
acknowledges,
the child has all the customary rights of a legitimate child. If
he repudiates, the child has only those rights which can be acquired
from the
mother, but the repudiation must be expressed - the acknowledgment must be
tacit. If the husband brings up the child as
his own without formal
acknowledgment, that is a tacit acknowledgment.
Maori Appellate Court, Auckland, February 6th 1907.
Judges Seth-Smith and MacCormick.
Auckland A.C.M.B. 2, folio 11.
Re Mere Tiki te Puhi, deceased.
Succession - "European" being a descendant of a Maori owning
interest in Maori land - Probate of Will granted by Supreme Court - No
jurisdiction
under section 133, Maori Affairs Act, 1953, to make vesting order
in favour of executor or successors.
Note : Provision was made in the Maori Purposes Act, 1955, Section 4(2) giving jurisdiction to make an order in such a case.
Maori Land Court, Gisborne, April 19th 1955.
Judge Smith.
Wairoa M.B. 57, folio 241.
Succession - Land acquired by deceased under a Will - application
of Section 33 Wills Act 1837 to the issue of the child of the deceased .by
a
customary marriage considered –
Maori Appellate Court, Hastings, April 8th 1927.
Judges MacCormick and Browne.
Wellington A.C.M.B. 7, folio 30.
Re Papa Meuroa Tutu, deceased.
Succession - Land acquired by the deceased under the Will of her second husband - Deceased leaving issue of both first and second marriages -Deceased dying intestate - Claim that issue of second marriage only entitled to succeed, as land derived from the second husband.
Held, that issue of both marriages entitled to succeed.
Maori Appellate Court, Wanganui, July 16th 1953.
Judge Chief Morison and Judge 0’Malley.
Wanganui A.C.M.B. 11, folio 153.
Re Airini te Heitawhiri, deceased.
Succession - Root of title - "The long settled custom of Native succession ls that the next-of-kin tracing to the person who was the case or root of title than succeed".
Maori. Appellate Court, Wellington, September 7th 1925.
Judges MacCormick and Rawson, per Judge MacCormick.
Wellington A.C.M.B. 4, folio 311.
Re Taporena Pene deceased.
Succession - Source from which interest of deceased derived - Claim that interest of deceased acquired under a succession order in which he was included as a successor only by reason of a "gift" from the persons entitled to succeed - The Court is entitled to enquire into the circumstances under which the deceased acquired his interest, in order to determine the persons entitled to succeed.
Maori Appellate Court, Auckland, August 17th 1915.
Judges MacCormick and Rawson.
Auckland A.C.M.B. 10, folio 206.
Re Paoa Rapata, deceased.
Succession – Source from which interest derived - Deceased
leaving no issue or brothers and sisters - Interest derived through both father
and mother - Under ordinary conditions when there is nothing to indicate
anything to guide the Court as to the value of the right
derived from each
parent it is usual to assume those rights to be equal.
Held, in this case
that the mother's side had the predominant rights; and interest apportioned
two-thirds to mother's side and one-third
to father's side.
Maori Appellate Court, Wellington, July 15th 1925.
Chief Judge Jones and Judge Carr.
Wellington A.C.M.B. 4, folio 302.
Re Ihakara Peru, deceased.
Succession - Source from which interest derived not ascertainable – Deceased dying without issue or brothers and sisters - Maori custom as to whether next-of-kin traced through father or mother of deceased.
Diction of Maori Appellate Court. According to Maori custom, where there is no issue of the deceased, the next-of-kin are usually traced through the father. There are cases however when the mother would succeed either with the father or to his exclusion. This always happens when the land is derived either partly or wholly through her. In many cases it is impossible to trace the source. In such cases it is usual to include both mother and father unless for some special reason such as the interest being small or the mother having married again into some other tribe.....It does not follow that the division should necessarily be equal.
Maori Appellate Court, Wellington (Aotea District)
August 17th 1925.
Chief Judge Jones and Judge Rawson.
Wanganui A.C.M.B. 10, folio 451.
Re Tiro Parata or Hokimate Davis, deceased.
Succession - Source from which the interest of the deceased was derived not ascertainable - Deceased dying intestate without issue end without brothers or sisters - "Under such circumstances, is is usual upon succession, to include the relatives of both parents, and this appears to have done in this case."
Chief Judge (acting under section 7, Native Land Amendment and Native
Land Claims Adjustment Act 1922), Wellington, February 24th 1931.
Chief Judge Jones.
C.J.M.B. 2, folio 2.
Re Wiremu Tini Waitapu, deceased.
Succession - Trust Fund under section 550 Maori Land Act, 1931 -
Deceased beneficiary of trust fund dying intestate - Trust fund representing
purchase money for Maori freehold land sold - This land was specifically devised
by the deceased by a will made before the land was
sold by her.
Held,
(following, In Re Meropa Tima, deceased (1914) 33 N.Z.D.R. 1153, C.A.) that the
specific devise of the land was entitled to
succeed to the trust fund as if it
had been the Native freehold land from which the trust fund had been
derived.
Maori Appellate Court, Wellington, July 1st 1955.
Chief Judge Morison and Judge O'Malley.
Wellington A.C.M.B. 8, folio 185.
Re Irene Apatu Heremaia, deceased.
Succession - Trust fund under section 456 Maori Affairs Act, 1953 - Deceased beneficiary of trust fund dying testate - Trust fund comprising proceeds of Waikaremoana Debentures, representing purchase money for land sold to the Crown - Subsection (4) (b) (ii) of section 456 applies only to intestate estates - In case of testate estate the trust fund constitutes personalty in the estate and vests in the executor - No order under section 456 (4) (b) (ii) can be made.
Re Harete Luxon, deceased
Tihiotonga Trust - Farm property purchased by Arawa Trust
Board – Transferred to Waiariki District Maori Land. Board. - Inquiry as
to whether
the Beard held land upon trust and if so upon what trusts –
Held, that the Board held the property upon trust for the Ngati Whakaue
sub-tribe of the Arawa tribe as from August 16th 1928.
The Court then called upon persons claiming to be entitled as beneficiaries to file claims for inclusion in a vesting order to be made.
Maori Land Court, Rotorua, September 6th 1955.
Judge Harvey.
Rotorua M.B. 101, folio 393A.
Timber cutting grant - Extension special legislation - Maori Purposes Act 1943, section 18 - Power of Court to extend term where inability to cut the timber within the term of the grant arises through "conditions arising out of the present war'' - Term of grant extended with condition for a further payment to be made by the grantee.
Maori Appellate Court, Rotorua, April 28th 1954.
Judges Prichard and Smith.
Rotorua A.C.M.B. 3, folio 257A.
Timber - Purchase money - Agreement for sale of timber entered into
by individual owners of an incorporated block - Before timber cut or
purchase
money paid ownership or block altered as a result of special resolution.-.Timber
subsequently cut and purchase money paid
partly to individual owners and partly
to an agent appointed under the agreement.
Held, the agreement was void but
as the timber had been cut and could not be restored to the owners, the owners
of the land at the
time when the timber was cut should receive the purchase
money.
Maori Appellate Court, Auckland, December 11th 1946. (Ikaroa District) Chief Judge Morison, Judge Whitehead.
Hawkes Bay A.C.M.B. 6, folio 32.
Tramway. - "Rent or compensation" - Maori Land Act 1931, Section 532 - Order granting sawmiller the right to a tramway over land, and providing for payment of "rent or compensation" based upon quantity of timber to be carried over the tramway - Held on appeal that this basis was wrong, and the ordinary principles of assessment or compensation should apply, and the "rent or compensation" should be based upon the value or the land required for the tramway, and injurious affection, if any, to the remainder of the land through which the tramway ran.
Maori Appellate Court, Auckland, December 11th 1946.
Chief Judge Morison, Judge Prichard.
Auckland A.C.M.B. 12, folio 224.
Re Rangitoto Tuhua 36A2C7 and 36A2C8.
Trespass – Claim for damages - Claim by three named
owners "and others of the sale owners" for trespass for demolition and removal
of a building, against two
other named owners and "all those responsible for the
removal of the building –
Held (1) That any judgment on a pecuniary claim must be for payment of a specified sum to certain named persons, by certain named persons.
(2) Some only of several tenants in common can join in an action for trespass in respect of their several causes of action, but they cannot bring a representative action on behalf of all the tenants in common.
(3) That demolition of a building may be a trespass but removal of the materials after demolition in conversion of chattels in respect or which the Maori Land. Court has no jurisdiction.
Maori Appellate Court, Auckland, May 16th 1949.
Chief Judge Morison, Judge Dykes.
Auckland A.C.M.B. 12,folio 258.
Trust - Deceased Estate - Maori Trustee Administrator with will annexed - Life tenant - Infant residuary beneficiaries - Question of jurisdiction or Court to make orders (a) directing Maori Trustee to advance capital for advancement of minors. (b) authorising and directing Maori Trustee to borrow money on mortgage for such purpose - Effect of section 18(5) Maori Trustee Act 1930 and Part X, Maori Land Act 1931 considered.
Maori Appellate Court, Wanganui, April 11th 1946.
Chief Judge Morison, Judge Whitehead.
Wanganui A.C.M.B. 11, folio 135.
Re Estate Aropeta Tamumu, deceased.
"Vested Land" - The Maori. Vested Lands Administration. Act, 1954
– Resolution of assembled owners for sale of land - Section 61 empowering
Maori Trustee to sell in pursuance of a resolution of assembled owners under
Part XXIII Maori Affairs Act, 1953 - Claim that confirmation
of resolution not
required. ‑
Held that the resolution required confirmation to enable the Maori Trustee to Act on it under section 61 of The Maori Vested Lands Administration Act 1954.
Maori Land Court, Auckland, July 22nd 1955.
Chief Judge Morison.
Waikato-Hauraki M.B. 2 folio 87
Vesting Order - Section 213, Maori Affairs Act, 1953 - Refusal to make order -Transaction part of family arrangement - Discretion of Court – Principles governing Appellate Court.
Maori Appellate Court, Gisborne, June 29th 1956.
Chief Judge Morison, Judges Pilchard and. Brook.
Gisborne A.C,M.B. 27, folio 367.
Waikare-Mohaka District confiscated lands subsequently granted to
Maoris - Held to be Maori freehold land within the meaning of the Maori Land Act
1909 -
Title conferred by orders of the Maori Land Court under Section 7 of
the Native Land Acts Amendment Act , 1881, and these orders declared
valid by
section 4 of the Native Land Claims Adjustment Act, 1914.
Maori Appellate Court, Hastings, April 8th 1927.
Judges MacCormick and Browne.
Wellington A.C.M.B. 7, folio 30.
Re Papa Mauroa Tutu, deceased.
West Coast Settlement Reserves - Devisability by will - Testator dying
since coming into operation of Maori Land Act 1909 - Claim that by virtue of
sections 136, 207 and 439 of the 1909 Act the restrictions on alienation
comprised in the Crown Grant were
no longer in force.
Held, that by virtue of
section 5 of the West Coast Settlement Reserves Act 1892 and section 439 of the
Maori Land Act 1909 the restrictions remained in force, and the interest was
inalienable by the will of the deceased.
Maori Appellate Court, New Plymouth, August 25th 1916.
Chief Judge Jackson Palmer, Judge Rawson.
Wanganui A.C.M.B. 10, folio 196.
Re Hone Hiko Paopaokirangi, deceased.
West Coast Settlement Reserves - Devisability by will - Land
partitioned under Section 15 of the West Coast Settlement Reserves Amendment Act
1913 - Ten years lease
granted in terms of 1913 Act not yet expired - Partition
orders do not take effect until expiry of lease - Interest of owner remains
an
equitable interest until expiry of lease and is subject to the restrictions on
alienation contained in the Crown Grant as preserved
by the West Coast
Settlement Reserves Act, 1892.
Held, the interest was inalienable by the will
of the testator.
Maori Appellate Court, Wanganui, March 15th 1923.
Chief Judge Jones, Judge MacCormick.
Wanganui A.C.M.B. 10, folio 417.
West Coast Settlement Reserves - Succession - Claim that succession should not bedetermined according to Maori custom, as the lands were the subject of awards by West Coast Commissioners ‑
Held, that succession must be determined according to Maori Custom.
Maori Appellate Court, Wanganui, 1919.
Chief Judge Jackson Palmer, Judge Rawson.
Wanganui A.C.M.B. 10, folio 290.
Re West Coast Settlement Reserves.
Whangara Block - Enquiry by Court under special legislation into claims by Petitioners to Parliament seeking re-opening of investigation of title.
Report by the Maori Land Court upon enquiry 1950.
Re Whangara Block.
Widow - Claim under Family Maintenance provisions - section 178 Maori
land Act, 1909. Deceased legally married to A. who was living at
his death -
Deceased separated from A. and living with another woman B. under circumstances
which it was contended constituted a
marriage according to Maori custom - Claim
that for purposes of section 178 B. was the widow of the deceased to the
exclusion of
A.
Held that the intention of subsec. (5) of section 177 is
merely to extend the benefits of sections 177 and 178 to any Maori woman
within
the definition given by the sub-section; and not to exclude a widow under a
lawful marriage; and that A was the deceased's
widow.
Maori Appellate Court, Hastings, March 5th 1937.
Chief Judge Jones, Judge MacCormick.
Wellington A.C.M.B. 7, folio 231.
Re Tu Turetahi Brightwell, deceased.
Will – construction - "Marry" Devise to husband with proviso
that if he should marry again the devise should become null and void.
Held,
that the proviso could apply only to a legal marriage; that the canons of
construction applicable to the will or a Maori are
the same as those applicable
to the will of a European.
Maori Appellate Court, August 16th 1929.
South Island and Wellington A.C.M.B. 6, folio 60.
Re Meri Pori, deceased.
Will - Double Portions - Rule against double portions is not applicable to a devise of land.
Maori. Appellate Court, Wellington, May 14th 1956.
Chief Judge Morison, Judge O'Malley.
Wellington A.C.M.B. 8, folio 188.
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