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2009 Maori L. Rev. 1 (2009-2010)

handle is hein.journals/maori2009 and id is 1 raw text is: February 2009 MaoiawRve CONTENTS EDITORIAL 1 MAORI LAND COURT & APPELLATE COURT Mdori Land Court- Faulkner disputed status of land Mangakahia 2B2 No ZAlA: injunction to restrain Trust manager 2 Re Witehira: variation of trust instrument Maori Appellate Court- Ormsby. ownership of kaumatua flat on reservation trust land 3 OTHER COURTS Land Valuation Tribunal- Taheke Paengaroa Trust. ratings dispute Court of Appeal- Pukerua-Oruawhata Trust v Mitchell GLOSSARY OF COMMON ABBREVIATIONS D C ........................................................................... D istrict C ouncil OTS ................................................... O ffice of Treaty Settlem ents RMA .......................................... Resource Management Act 1991 TPK ............. Te Puni Kokiri / Ministry of Maori Development T MA................................... Te Ture Whenua Mdori Act 1993 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 inforna- tion in this publication. EDITORIAL By Craig Linkhorn This issue covers a wide range of cases. This editorial item is a short overview of some of those cases. A division of the Land Valuation Tribunal has asked whether it is time to review the Mangatu guidelines for valuing Maori land. Those non-binding guidelines were issued by the Valuer-General in the wake of the Court of Appeal's decision in Valuer-General v Mangatu Inc [1997] 3 NZLR 641 (see Maori LR Jul 1997 p5). In the Taheke Paengaroa Trust decision the Land Valuation Tribunal made a number of observations about whether changes to market conditions affecting Mdori land since 1997 mean that a greater discount may now be warranted than the 15% maximum figure that is applied under the Mangatu guidelines. Trustee administration of Mdori land continues to generate decisions from the Maori Land Court & Maori Appellate Court that identify mistakes amongst those responsible for the management of land on behalf of beneficial owners. In this issue three cases (Mangakahia 2B2 No 2AIA, Re Witihira and Ormsby) discuss issues associated with the performance by trustees of their obligations. However, this is not to suggest that all groups of trustees administering Maori-owned land are performing less than optimally. A fourth judgment about trustees of Mdori Land (Pukerua- Oruawhata) is from the Court of Appeal. That court identified that both the Maori Land and Appellate Courts had wrongly relied upon the common law doctrine of estoppel when Te Ture Whenua Maori Act 1993 addressed the point at issue. The common law doctrine had been used by the lower courts to dismiss applications by the trustee owners of the land that had the effect of reopening earlier decisions of those courts that an independent professional trustee should be appointed to the ranks of the trustees. MAORI LAND COURT & APPELLATE COURT Editors: Tom Bennion Craig Linkhorn PO Box 25433 Panama Street Wellington, New Zealand Phone +64 (04) 473 5755 Fax +64 (04) 473 5751 Email mlr@bennion.co.nz Associate Editor: James Maddock Staff Writer: Farhana Khan Internet Web Site: www.bennion.co.nz/mlr North American Sales: Gaunt Publishers 3011 Gulf Drive Holmes Beach Florida 34217-2199, USA Fax + 1 (813) 778 5252 Phone + 1 (813) 778 5211 Publisher: Tom Bennion PO Box 25433 Panama Street Wellington, New Zealand © Copyright Tom Bennion 2009 This issue may be cited as: M~ori LR Feb 2009 ISSN 1172-8434 Deputy Registrar v Faulkner-Allotment 5 Parish of Tahawai A20080002949, Maori Land Court Waikato-Maniapoto, 17 November 2008, Judge Clark. This application for determination of status was part of the Mdori Freehold Land Registration Project (MFLRP), a joint effort between the Mdori Land Court and Land Information New Zealand (LINZ). The intention of the project was to identify and register all Mdori Land under the Land Transfer Act 1952. At the time of the application the land's status had become a matter of proceedings before the Land Valuation Tribunal (LVT). The trustees were involved in a dispute

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