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1997-1998 Maori L. Rev. 1 (1997-1998)

handle is hein.journals/maori1997 and id is 1 raw text is: February 1997 M ao La Review CONTENTS MAORI LAND COURT & APPELLATE COURT Re Pouakani Block Re Mangere Village Lot 5A WAITANGI TRIBUNAL Rangahaua Whanui Project OTHER COURTS AND TRIBUNALS Aotearoa Maori Radio Trust v A-G &Te Reo Whakapuaki Irirangi (Te Mangai Paho) Taranaki Fish &Game Council v McCritchie Berkett v Minister of Local Government Kaitiaki Tarawera Inc v Rotorua DC Whinau A Rongomaiaia v Masterton DC PARLIAMENT Maiden Speeches Education (Te Whare Wananga 0 Awanuiarangi) Order 1996 Fisheries (Porangahau Taiapure) Order 1996 Cabinet Committee on Treaty of Waitangi issues REPORTS & ARTICLES Report of the Independent Review Committee on Maori Reserved Lands Ministry of Maori Development Post Election Brief Report re Aotearoa Television Network & Te Mangai Paho SPEECHES & PRESS RELEASES Waitangi Day speeches MAORI LAND COURT & APPELLATE COURT 1 2 Re Pouakani Block CJ 1994/37 Taupo MB 6 December 1996 IsaacJ 2 This was an application under s45/1993 for the Chief Judge to correct an order of the land court. In 1887 the land court determined the title to the large Taupo-Nui- Atea block in the central North Island. A dispute arose 6 about the western boundary of a subdivision on the north 6 western edge of the block, known as the Pouakani block. 6 The boundary divides the lands of Ngati Maniapoto and Ngati Tuwharetoa. The dispute was the subject of a Royal Commission inquiry in 1889, resulting in the enactment of s29 of the Native Land Court Acts Amendment Act 7 1889, which provided that the boundary of the Taupo- Nui-Atea block should be fixed in accord with the report 7 of the commission. This application essentially concerned the proper interpretation of s29, and whether it fixed the position 8 of the boundary. The matter was considered by the Maori Land Court in 1891 (which determined that the boundary 8 was not fixed by the 1889 Act and should be repositioned further east of the line described in s29), and again in 9 1988 (where it was determined that the boundary had been fixed by s29). The matter was also investigated by 10 the Waitangi Tribunal (The Pouakani Report 1993), which considered that the boundary was not fixed and could be reinvestigated by the Maori Land Court. Editor. Tom Bennion PO Box II 310 Wellington, New Zealand Phone (04) 385 7719 Fax (04)385 7719 Email bennion@actrix.gen.nz Research: Kirsty Gover Publisher. Esoteric Publications PO Box II 310 Wellington, New Zealand NorthAmerican Sales: Gaunt Publishers 3011 Gulf Drive Holmes Beach Florida 34217-2199, USA Fax (813) 778 5252 Phone (13) 778 5211 InternetWeb Site: www.kennett.co.nz/maorilaw © CopyrightTom Bennion 1997 This issue may be cited as Maori LR Feb 1997 ISSN 1172-8434 Held: the various interpretations of s29 arise from the relationship between the section's preamble and parts 1 and 2. The section provides: ... And Whereas the honourable Theodore Minet Haultain and Hanita Te Aweawe were.., appointed to be a Royal Commission to inquire among other things as to the correct boundary .... And Whereas it is expedient that effect should be given to such report .... and that further investigation should be made with regard to the blocks of land known as Maraeroa and Horaaruhe-Pouakani. Be it enacted as follows: The western boundary of the land known as Taupo-Nui-Atea is hereby declared to be and shall be deemed to be the line defined as such western boundary in the said report and shown in the map numbered 180 and deposited in the office of the Surveyor General in Wellington. The Lands excluded from the Taupo-Nui-Atea Block by the alteration of the boundary and the subdivisions of the Horaaruhe-Pouakani Block known as Pouakani... be hereby declared to be Native Land within the meaning of the Native Land Court Act 1886 and its amendments.

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