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2002-2003 Maori L. Rev. 1 (2002-2003)

handle is hein.journals/maori2002 and id is 1 raw text is: February 2002 M* L * *0 CONTENTS MAORI LAND COURT & APPELLATE COURT Partition application, sufficient support from owners 1 Leave to appeal change of status order out of time 2 Partition application, whether life interests are included 2 WAITANGI TRIBUNAL Memorandum-directions re Wai 721 & s30 application 3 Memorandum-directions re Central North Island inquiry 3 OTHER COURTS AND TRIBUNALS Pounamu, private rights vs Ngii Tahu rights, preliminary issues 5 Rating exemption, former Urewera reserve lands 5 Maori fisheries settlement, fish quota lease round information 6 Maori appeals, adequacy of pleadings 7 PARLIAMENT Trade Marks Bill, select committee report 8 Te Uri o Hau Claims Settlement Bill, select committee report 9 Treaty of Waitangi (Final Settlement of Claims Bill) 10 Editor/Publisher: Tom Bennion PO Box 23280 Cable Car Lane Wellington, New Zealand Phone: (04) 473 5755 Fax- (04) 473 5755 Email: tom@bennion.conz Research: Geoff Melvin. Rebecca Paton Web Site: www.bennion.co.nz North American Sales: Gaunt. Inc 3011 Gulf Drive Holmes Beach Florida 34217-2199, USA Phone: 914 778 5211 Fax: 9147785252 Email: info@gaunt.com © CopyrightTom Bennion 2002 This issue may be cited as: Maori LR February 2002 ISSN 1172-8434 MAoRI LAND COURT & APPELLATE COURT Whititera Kaihau and Lot 310B Parish of Waipipi 26 August 1998. 19 Waikato Maniapoto ACMB 162. Deputy CJ Smith, Marumaru, Isaac In 1949 the land court partitioned Lot 310B into 5 lots. At that time the land had 5 owners who were siblings. One lot was created as a papakiinga area and vested in the five owners equally. The remaining 4 lots were allocated to each of four owners. The fifth owner was at that time a committed mental patient. She was given a share in each of the 4 lots, with the intention that, on her death, her share in each lot would go to her siblings, so that they would become sole owners in their lots. However, when she died, this arrangement was forgotten, and each of her siblings succeeded to her interests in each lot, creating multiple ownership titles for each allotment. Consequently, Lot 310B no. 4, which comprised 21.968 hectares, came to be held by Stewart Kaihau with 48.6125 shares, with the balance of the shares held by 24 successors to his sister. Stewart sought to pass all his interests in the land by will to his adopted daughter. After his death, his executors arranged that his daughter should receive 4.9 shares, which equated with 1 acre of the block on which an old homestead had stood. His remaining shares in the land were vested in other beneficiaries. The daughter then applied to partition out that part of the block with the support of 21 owners (including herself) or 85% of the owners, holding 96.5% of the shares in the block. The application was initially heard without opposition, but the land court granted a rehearing when one owner, Mr Whititera Kaihau, made a late objection. He held 0.1894 shares in the block and had relocated a house onto the 1 acre area, after being told by lawyers acting for the daughter that the application for partition would be made by her. The land court granted the partition application. Whititera Kaihau appealed. Held: the appeal should be dismissed. In terms of the requirements for partition under s288(2) & (4) Te Ture Whenua Maori Act 1993: 'The owners had had sufficient notice of the application and an opportunity to discuss it and there was a sufficient degree of support for the proposal. The written consents of other owners and the hearing and rehearing in the land court satisfied those requirements. *The partition was necessary to facilitate the effective operation, development and utilisation of the land. This was supported by Stewart Kaihau's will which

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