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

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
Memorandum-directions re Wai 721 & s30
application                                 3
Memorandum-directions re Central North Island
inquiry                                     3
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
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

Tom Bennion
PO Box 23280 Cable Car Lane
Wellington, New Zealand
Phone: (04) 473 5755
Fax-   (04) 473 5755
Email: tom@bennion.conz
Geoff Melvin. Rebecca Paton
Web Site:

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 CopyrightTom Bennion 2002
This issue may be cited as:
Maori LR February 2002
ISSN 1172-8434

Whititera Kaihau and Lot 310B Parish of
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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