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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