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1999-2000 Maori L. Rev. 1 (1999-2000)

handle is hein.journals/maori1999 and id is 1 raw text is: February 1999 M- te0 CONTENTS MAORI LAND COURT & APPELLATE COURT Succession - application of the 1993 Act 1 WAITANGI TRIBUNAL New members appointed 1 OTHER COURTS AND TRIBUNALS High Court - hapa representation in settlement negotiations 2 OTHER Turangi Deed of Settlement 3 Crown policy re rivers, lakes & geothermal claims 6 Proposed changes to Resource Management Act 1991 8 MAORI LAND COURT & APPELLATE COURT Re Tautau & Anaura Block 1998/21 Tairawbiti A CMB 18 February 1999 Deputy CJ Smith, Carter, Savage f This was an appeal from a succession order, vesting shares in a Maori incorporation in two daughters of the deceased, according to the instructions left in her will. The deceased had been left the shares by her father. His will had not provided for any distribution of the shares to his other children. The appellant, a brother of the deceased, claimed that, according to tikanga, the court should now make some provision for himself and his brothers and sisters. Held: s100(2) Te Ture Whenua Maori Act 1993 provides that persons dying before the 1' July 1994, leaving a will executed before 1 July 1993 (the commencement date of the 1993 Act) shall have their interests determined as if the 1993 Act had not been passed. The deceased died in March 1994, and executed her will in April 1993. Consequently, the provisions of the will must stand unaltered by the provisions of the 1993 Act. The phrase as if the Act had not been passed also prevents the Maori Land Court from applying the general principles of the 1993 Act regarding tikanga and retention of land etc contained in the Preamble and ss 2 and 17. In addition, even if the land court had jurisdiction to consider the issues raised in the appeal, there was no doubt that the daughters were entitled to succeed and no question of interpretation which would require the application of the principles in the Preamble, and ss2 and 17 arose. The appeal should be dismissed. WAITANGI TRIBUNAL Editor: Tom Bennion PO Box 1t310 Wellington, New Zealand Phone (04) 473 5755 Fax (04) 473 5755 Email bennion@actrix.gen.nz Research: Natalie Pike Publisher: Esoteric Publications PO Box 11310 Wellington, New Zealand North American Sales: Gaunt Publishers 3011 Gulf Drive Holmes Beach Florida 34217-2199, USA Fax (813) 778 5252 Phone (813) 778 5211 Internet Web Site: www.kennett.co.nztmaorilaw @ Copyright Tom Bennion 1999 This issue may be cited as: Maori LR Feb 1999 ISSN 1172-8434 New member appointments Dr Pita Sharples: of Ngati Kahungunu descent, he is the chair of Hoani Waititi marae. He pioneered the first kura kaupapa Maori, which was started at that marae. He is possibly best know nationally as creator of the Miori welcome at the opening of the 1990 Commonwealth Games. He is currently a Professor of Education at Auckland University in the International Research Institute for Maori and Indigenous Education. He is a member of the Maori Education Commission. Rangitihi Rangiwaiata Tahuparae: a tohunga and kaumatua who holds regular wananga (traditional teaching) in Whanganui and Wellington and has links with Taranaki, Te Arawa, Ngati Tuwharetoa, Ngati Maniapoto and

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