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

handle is hein.journals/maori1999 and id is 1 raw text is: February 1999
M-                          te0

Succession - application of the 1993 Act    1
New members appointed                       1
High Court - hapa representation in settlement
negotiations                                2
Turangi Deed of Settlement                  3
Crown policy re rivers, lakes & geothermal claims 6
Proposed changes to Resource Management Act
1991                                        8

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.


Tom Bennion
PO Box 1t310
Wellington, New Zealand
Phone (04) 473 5755
Fax (04) 473 5755
Email bennion@actrix.gen.nz
Natalie Pike
Esoteric Publications
PO Box 11310
Wellington, New Zealand

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@ 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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