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

Re Pouakani Block
Re Mangere Village Lot 5A
Rangahaua Whanui Project
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
Maiden Speeches
Education (Te Whare Wananga 0 Awanuiarangi)
Order 1996
Fisheries (Porangahau Taiapure) Order 1996
Cabinet Committee on Treaty of Waitangi issues
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
Waitangi Day speeches

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.

Tom Bennion
PO Box II 310
Wellington, New Zealand
Phone (04) 385 7719
Fax (04)385 7719
Email bennion@actrix.gen.nz
Kirsty Gover
Esoteric Publications
PO Box II 310
Wellington, New Zealand

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 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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