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2006-2007 Maori L. Rev. 1 (2006-2007)

handle is hein.journals/maori2006 and id is 1 raw text is: February 2006 CONTENTS MAORI LAND COURT & APPELLATE COURT Variation of trust order Appointment of trustees WAITANGI TRIBUNAL Kaipara report - and commentary Disclaimer: The information contained in this publication is a summary only. You should seek professional advice before taking any action in relation to matters dealt with in this publication. No responsibility is accepted for any loss arising from reliance on information in this publication. MAORI LAND COURT & APPELLATE COURT 1 1 Re Pukeroa Oruawhata Trust 5 October 2005. 293 ROTMB 74-81. Judge LR Harvey This was an appeal against a decision varying a trust order to provide for rotation of trustees (oral decision, 10 February 2005, 287 ROT MB 148). The Court confirmed its earlier decision. The decision also provides reasons for the earlier oral decision on an additional trustee election, postal voting and the mandate of the Trust to represent Ngati Whakaue in all claims before the Waitangi Tribunal. These issues were not appealed. Re Rurima Islands Mdori Reservation 23 December 2005. 108 WHK 148. Judge LR Harvey The applicant, along with four others, were appointed responsible trustees to the Rurima Islands Maori reservation pending a meeting of beneficiaries in an earlier decision of the land court (see Maori LR September 2004 ppl-2). These trustees, along with 5 others, sought permanent appointment as trustees. The land court adopted the reasoning of the Maori Appellate Court in ReMatata 903-RangitihiMarae ((2004) 10 Waiariki Appellate Court MB 233) regarding the appointment of trustees. The land court confirmed the existing trustee appointments, but declined to appoint any additional permanent trustees, instead appointing four of the five other nominees advisory trustees, subject to their agreement. The land court made a number of observations concerning the reservation. WAITANGI TRIBUNAL Editor: Tom Bennion PO Box 23280 Cable Car Lane Wellington, New Zealand Phone (04) 473 5755 Fax (04) 473 5751 Email mlr@bennion.co.nz Associate Editors: Rebecca Paton, Malcolm Birdling Researcher/Contributor: Charlotte Castle Publisher: Tom Bennion PO Box 23280 Cable Car Lane 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.bennion.co.nz © Copyright Tom Bennion 2006 This issue may be cited as: Maori LR Dec 2005 Jan 2006 ISSN 1172-8434 The Kaipara Report Wai 674. 9January 2006. Dame Augusta Wallace (presiding), Hon Dr Michael Bassett, Brian Corban, A reta Koopu (SirJ Turei, E Stokes) The Kaipara inquiry district was a roughly triangular area with the base from Dargaville to Muriwai on the west coast and the apex being the Mangawhai Heads on the east coast. The inquiry district encompassed 30 claims relating to loss of control of land and other resources. It was divided into three parts for hearing, the first stage covering claims over the middle and northern part of the Kaipara harbour and across to Mangawhai Heads, the second stage covering claims on the south Kaipara Harbour and the third stage hearing claims covering a

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