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Digest of selected judgments of the Maori Appellate Court and Maori Land Court up to December 1958 [1960] NZMaoriLRes 1 (1 January 1960)

Last Updated: 15 November 2022

INDEX

INTRODUCTORY NOTE

Owing to the specialized nature of the work of the Maori Land Court, and the Maori Appellate Court, which is the appellate tribunal to which appeals from the decisions of the Maori Land Court are taken, and the fact that in the earlier days of these Courts the matters before them did not generally involve questions of law, the decisions of these Courts have not been reported.

In these early days the Judges had to settle the principles by which the various matters coming within their jurisdiction would be governed. The Maori Land Court was called upon to ascertain and apply so far as possible the ancient customs and usages of the Maori people in relation to their ownership of land.

In 1879 there was published a collection of some judgments described as "Important Maori Land Judgments". Some of these were decisions of the Validation Court and the Compensation Court specially set up to deal with particular problems arising, whose members were Judges of the Maori Land Court. This publication is now rare and is found mostly on the shelves of collectors of old New Zealand publications.

In more recent times the jurisdiction of the Courts has been extended to enable them to deal with the many varied situations which arise from the rapid growth of the Maori population, the necessity for assisting to establish them in the community, and to make the best use of their land, much of which is of very considerable value actually or potentially.

The result has been that today the Courts are constantly called upon to deal with a variety of legal and other questions which have to be determined in order to carry out their functions.

It has, therefore, been thought desirable to collect and annotate a number of the judgments of these Courts both old and new. Many of the older ones may be principally of historic interest, as the earlier functions of the Courts, such as investigation of customary title, now seldom have to be invoked.

The compilation of this digest will enable the members of the legal profession, and others whose work brings them into contact with the Maori Land Court, to have more ready access to the decisions.

The collection of cases is not as complete as could be desired particularly as regards the older cases in which many of the principles such as those governing the investigation of titles were laid down. The research necessary to get a really comprehensive collection would take more time than is available.

Wellington D.G.B. MORISON

January 1960 Chief Judge

DIGEST OF SELECTED DECISIONS
OF
THE MAORI APPELLATE COURT,
THE MAORI LAND COURT, and
THE CHIEF JUDGE OF THE
MAORI LAND COURT, acting
under section 452 of the
Maori Affairs Act, 1953
and the corresponding
provisions of earlier Acts.

The decisions in this digest are selected decisions up to December, 1958.
Minute Book references:

The Minute Books of the Court containing these decisions are open to inspection in the respective District Offices of the Court.

Those decisions which are noted "(Circulated)" have been cyclostyled, and circulated to Judges, Registrars, Law Societies, etc.

Adoption - annulment of - discretion of Court in adoption jurisdiction.

Maori Appellate Court, Wellington, December 9th 1943. .

Chief Judge Shepherd and Judge Harvey.

Wellington A.C.M.B. 6 folio 230.

Re Adoption of Hana Kawhe Alias Hana Coffey.

Adoption - customary adoption - requisites of such an adoption.

Maori Land Court, January 20th 1905, Judge Mair

Re Adoption of Rori Watene.

Adoption - customary adoption - requisites of such adoption.

Chief Judge Jones, January 6th, 1930.
C.J.M.B. 1 folio 246

Re Tuatahi Tuwhahipa Deceased.

Appeal - final - order - to constitute a Final Order under Section 135 Maori Affairs Act, 1953, the Order must determine in respect of any block all persons legally entitled to succeed. An order determining that a certain person is one of the persons so entitled is not a final Order.

Maori Appellate Court, Gisborne, September 18th 1958.

Chief Judge Morison, Judges O'Malley and Brook.

Gisborne A.C.M.B 728, folio 32.

Re Estate Hamuera Ngarimu, Deceased.

Appointment of Maori Trustee as agent for owners under sec. 540. Maori Land Act, 1931 - Lease executed in pursuance of powers conferred – future lease executed upon expiry or first lease - Application for cancellation of order - Jurisdiction - Order spent on completion of first lease.

Maori Land Court, Wellington, June 2nd 1955,

Judge Keune.

Wellington M.B. 39. folios 424 and 426.

Re Waikawa 891 Block IV Sections 1, 2 and 3, and Waihao 12373 Sections 3A, 3B and 4.

Buildings - erected upon Maori Freehold land as part of the land under the maxim ”Quicquid plantatur solo solo cedit." Harper v. Harper and McFie [1900] NZGazLawRp 81; 2 G.L.R. 368 applied.

Maori Appellate Court Wellington, December 1958 (Tairawhiti District)

Chief Judge Morison. Judges Prichard and Jeune.

Gisborne A.C.M.B. 28, folio 36.

Re Puhunga A3C A3D.

Chief Judge - jurisdiction under section 38 Native Land Act, 1931 – application alleging fraud or undue influence - not a proper application under section 38 - proceedings should be in Maori Land Court.

Chief Judge (acting under section 38 Native Land Act 1931) Wellington,

March 14th 1932, Chief Judge Jones.

C.J.M.B. 2, folio 55.

Re Piri Pura, deceased.

Chief Judge - Application under section 452 Maori Affairs Act 1953 ‑ Order shown to be erroneous -

Chief Judge by section 452. Chief Judge (acting under section 452 of the Maori Affairs Act 1953) November 12th 1958. Chief Judge Morison.

C.J.M.B. 7, folio 133.

Re Kone Pairama, deceased.

(Circulated)

Chief Judge - application under section 452 Maori Affairs Act 1953 – Res Judicata. Previous application, by same applicant seeking same relief upon same grounds as present application, dismissed upon ground that no mistake proved - applicant upon present application held estopped by res judicata - application dismissed.

Chief Judge (acting under section 452 of the Maori Affairs Act 1953)

Wellington, September 26th 1958.

Chief Judge Morison.

C.J.M.B. 7, folio 120.

Re Reihana Motutarata, deceased.

(Circulated)

Chief Judge - Jurisdiction under section 38 of Maori Land Act 1931 – General principles - Conclusive proof of mistake, error or omission required. Nature of mistake, etc. required to bring matter within jurisdiction.

Chief Judge (Acting under section 38, Native Land Act 1931) November

25th 1946.

C.J.M.B. 4, folio 160 and Maori Appellate Court, Gisborne.

Judges Beechey and Prichard.

Gisborne A.C.M.B. 26 folio 223

Re Adoption of Shona Maria Armstrong.

Chief Judge - Jurisdiction under section 452, Maori Affairs Act, 1953 ‑ Nature of order which may be made - Timber royalties paid - Part distributed and part not yet distributed - Order made retrospective as to moneys not distributed.

Chief Judge (acting under section 452, Maori Affairs Act, 1953)

Wellington, May 30th 1956, Chief Judge Morison.

C.J.M.B. 6, folio 129.

Re Elizabeth Garth, deceased.

(Circulated)

Chief Judge - Jurisdiction under section 7, Native Land Amendment Etc.Act 1922 - Order affecting West Coast Settlement Reserves land - held - no jurisdiction. (Note This decision was over ruled by Chief Judge Morison in Re Tamarere Ahu, deceased, April 2nd 1953.)

Chief Judge (acting under section 7, Native Land Amendment Etc. Act.

1922) June 23rd 1931 Chief Judge Jones.

C.J.M.B. 2, folio 25.

Re Karauria, deceased.

Chief Judge - Jurisdiction under section 38, Maori Land Act, 1931 – Order affecting West Coast Settlement reserves land. Earlier decision over ruled. Held - Jurisdiction given.

Chief Judge (acting under section 38, Maori Land Act, 1931) Wellington

April 2nd 1953 Chief Judge Morison.

C.J.M.B. 6, folio 6.

Re Tamarere Ahu, deceased.

Compensation for land taken - Limestone Quarry - section 29 (1) (c) Finance Act (No.3) 1944 . Special suitability for a purpose - Purpose for which quarried stone specially suitable not a purpose for which land is specially suitable within meaning of section - Market limited to one possible purchaser - nevertheless a market. Pointe Gourde_Quarrving and Transport Co.Ltd. v Superintendent of Crown Lands (Trinidad) 1947 A.C. 565 applied.

Maori Land Court (Waikato-Maniapoto district) April 23rd 1951 and

November 19th 1953 Chief Judge Morison.

Otorohanga M.B. 76, folio 355A.

Re Kinohaku East 2 Secs. 17B1 and 17B2.

(Circulated)

Compensation for land taken - area comprising a large number of Maori Land Court subdivisions by partition orders - land taken for housing and suitable for subdivision into residential sections – potential value.

Maori Land Court, Wellington, 30 November, 1943.

Judge Whitehead.

Re Hutt Section 19 Subdivisions 3 to 23.

Wellington M.B. 35, folios 296 and 298.

Compensation for land taken. - potential subdivision - Basis of valuation for compensation - St. John's College Trust Board v Auckland Education Board [1945] NZGazLawRp 60; (1945) NZLR 507 considered.

Maori Appellate Court, Rotorua. October 6th 1952. (Tokerau District)

Chief Judge Morison & Judge Harvey,

Auckland A.C.M.B. 12, folio 326.

Re Otaika 4B4.

Compensation for land taken - gravel pit - special suitability section 29 (1) (c) Finance Act (No.3) 1944 - onus of proof that this section applies - method of arriving at value of gravel pit.

Maori Appellate Court, Auckland, March 1946.

Chief Judge Morison, Judge Prichard.

Auckland A.C.M.B. 12, folio 190.

Re Part Ohura South M2A

Compensation for land taken - gravel pit - Special suitability – Finance Act (No.2) 1936 Sec. 28. Costs expenses of drilling to estimate quantity of metal - principles on which such expenses should be allowed.

Maori Appellate Court, Wellington, August 13th 1946 and December 4th

1947 (Aotea District), Chief Judge Morison and Judge Whitehead.

Wanganui A.C.M.B. 11, folios 138 and 147.

Re Otautu 18A

Compensation - Metal Quarry - small quantities of metal saleable privately on royalty basis - land as a whole not saleable as a quarry - compensation for loss of sales of metal not directly based upon value of land - sub-clauses (b), (c) and (d) of section 29, Finance Act No.3, 1944, have no application to assessment of compensation in respect of metal - Compensation for loss of land as distinct from loss of sales of metal.

Maori Appellate Court (Tokerau district) September 30th 1957.

Chief Judge Morison and Judge Brook.

Tokerau A.C.M.B. 1, folio 26.

Re Mataraua C2B

(Circulated)

Compensation for land taken - Potential subdivisional value - Method of valuing - allowance for “profit and Risk."

Maori Appellate Court, Wellington, September 4th 1958. Judges Prichard, Smith and O'Malley.

Wellington A.C.M.B. 8, folio 219.

Re Popoteruru and Takapuwahia B3

(Circulated)

Compensation - Tramway rights under order of Court - Native Land Act 1931 section 532 - Basis and method of assessment.

Native Appellate Court, Auckland, December 11th, 1946.

Chief Judge Morison, Judge Prichard.

Auckland A.C.M.B. 12, folios 224 to 226.

Re Rangitoto-Tuhua 36A2C7 and 35A2C8.

Confirmation - grant of timber cutting rights - competing grants - Later grant executed with knowledge of earlier grant - contrary to equity and good faith - confirmation refused.

Maori Land Court, Rotorua - June 25th 1952, Judge Harvey.

Rotorua M.B. 98, folio 337A.

Re Waihaha 3E3A.

Confirmation - lease - Competing lessees - Section 273 (1) (b) Maori Land Act 1931 – “'not contrary to equity and good faith” – previous lessee desirous of obtaining a lease, but no lease executed – No equities as against lessee under an executed lease.

Maori Land Court, Wanganui, May 1949. Judge Dykes.

Taranaki M.B. 57, folio 72.

Taranaki Iti No.1.

Confirmation - Lease - Rights of existing lessee under section 280, Maori Land Act 1931 - Effect of section considered.

Maori Land Court, Wanganui, February 3rd 1953.

Chief Judge Morison.

Wanganui M.B. 109, folio 83.

Re Ihupuku C.

Confirmation - lease - Undue aggregation - lessee acquiring new lease of land – (part of his farm) previously held by him under lease.

Maori Land Court, Wanganui, May 13th, 1955, Judge O’Malley.

Maori Appellate Court, Wanganui, March 23rd 1956.

Chief Judge Morison, Judges Jeune and Brook.

Wanganui A.C.M.B. 11, folio 236.

Re Kai Iwi 6B2.

Confirmation - lease - Undue aggregation - lessee acquiring new lease of land previously held by him as part of his farm under lease – Matters for consideration in determining whether acquisition will constitute undue aggregation.

Maori Appellate Court, Hastings, September 1955.

(Waikato-Maniapoto District) Chief Judge Morison, Judge Jeune.

Auckland A.C.M.B. 13, folio 9.

Re Wharepuhunga 7C1A2 and Part 7C3A2B.

Confirmation - Nature of proceedings on confirmation discussed and various authorities on this subject quoted.

Maori Land Court, Auckland, July 4th 1958. Judge Brook.

Re Pokuru 3G2 Lease to Pokuru Farm Lands Ltd.

Alienations minute book W.M. 27, folios 375 to 383.

Confirmation - Power of Court to alter its decision at any time before confirmation completed by Certificate of Confirmation.

Maori Appellate Court, Auckland, November 4th 1954, Chief Judge Morison and Judges Smith and O'Malley.

Auckland A.C.M.B. 12, folios 370 - 371.

Re Oputia 11C1A

(Circulated)

Confirmation - Resolution of Assembled owners to lease - Application for partition by dissentient owners - Jurisdiction on partition discretionery - Right of lessee under resolution to be heard upon application for partition.

Maori Appellate Court, Auckland, August 16th 1955 (Aotea District)

Chief Judge Morison, Judge Smith.

Auckland A.C.M.B. 14, folio 3.

Re Pakaraka 1A2B.

Confirmation - Resolution of Assembled owners to lease - Undue aggregation - lessee acquiring new lease of land (part of his farm) previously held by him under lease. Right of owners who voted against the resolution to appear and oppose confirmation - right of prospective lessee under a proposed resolution not passed, to appear and oppose confirmation.

Maori Appellate Court, Wellington, September 5th, 1955.

(Waikato-Maniapoto District) Chief Judge Morison, Judge Jeune

Auckland A.C.M.B. 13), folio 7.

Re Kakepuku 11C2D2A1.

Confirmation - Resolution of owners - Application for partition by dissentient owners - refusal of partition - Right of dissentient owners to be heard on application for confirmation of resolution

Maori Appellate Court, Auckland, May 1956. Judges Smith and Brook, Auckland A.C.M.B. 13, folio 28.

Re Kakepuku 11C2D2A.

Confirmation - Resolution of Assembled owners to lease - competing lessees Jurisdiction of Court to review proceedings at meeting - Validity of resolution - Appointments of proxies challenged - Section 230, Maori Affairs Act, 1953 - Rights of existing lessee - Quaere, whether section can apply in case of a resolution for alienation.

Maori Appellate Court, Wellington, May 14th 1956 (Aotea district)

Chief Judge Morison, Judges Jeune and Brook,

Wanganui A.C.M.B. 11, folio 238.

Re Awarua 3D3 No.13.

Confirmation of Resolution of Assembled Owners - Difference in procedure between confirmation of a resolution and confirmation of an instrument of alienation - Time when right of appeal accrues - no right of appeal upon confirmation of a resolution until order made confirming resolution.

Maori Appellate Court, Rotorua. October 5th 1956 - Chief Judge Morison and judges O'Malley and White.

Rotorua A.C.M.B. 3, folio 300.

Re Maungarangi B3A.

(Circulated)

Confirmation - Resolution of owners - Sale of timber - Resolution modified by Court by increasing royalty and fixing terms of payment - Appeal by grantee on grounds that amount of royalty and amounts of quarterly instalments fixed by the Court were excessive - Rate of royalty in excess of State Forest Service rates - This found to be general in Waiariki District. The accepted practice in timber grants is to ensure that the full consideration is paid up before the expiry of the grant and in addition that the royalty instalments (independent of the deposit) at least cover the timber cut from time to time.

Maori Appellate Court, Rotorua. November 18th 1957. Judges Smith and O'Malley, Rotorua A.C.M.B. 4, folio 110.

Re Runanga 2C3D2

(Circulated)

Confirmation - Resolution of Assembled Owners - Proceedings at meeting irregular - No valid resolution passed.

Maori Land Court - Waikato Maniapoto District, September 8th 1955, Chief Judge Morison.

Waikaro-Hauraki M.B. 2, folio 143.

Re Kawhia S2A

Confirmation - Right of alienor to withdraw - Right of a stranger to be heard in opposition to confirmation - Functions of Court on confirmation.

Maori Land Court, Gisborne, March 1952. Chief Judge Morison, Gisborne M.B. 73, folio 394.

Re Whangawehi 1B3D3

(Circulated)

Confirmation - Transfer - Alienation contrary to interests of vendors - Undue aggregation.

Maori Appellate Court, Auckland, May 1956, Judges Smith and Brook.

Auckland A.C.M.B. 13, folio 30.

Re Rangitoto-Tuhua 33C3B4B1D4 and 5A.

Confirmation - Transfer Decision to confirm Modification of terms of alienation by increase of price - Provisions as to payment - Not complied with - confirmation not completed - Application for "recission" of "provisional confirmation" - Death of one of purchasers ‑ Review of application for confirmation - Principles.

Maori Land Court, Ngaruawahia, September 9th 1955.

Judge Harvey W.H.M.B. 2, folio 94.

Re Puteahapakapai No.4 - Transfer to Puti Wetere and Another.

Confirmation - Transfer by sole owner - Part of purchase money directed be held in trust for children of owner - Validity of this direction challenged - Order by consent.

Maori Appellate Court, Auckland, April 19th 1955 - Judges Harvey and O'Malley, Auckland A.C.M.B. No.12, folio 372.

Re Kohatu-o-te-Haua 3A1.

Confirmation - Transfer - Effect of the provisions of the Servicemen's Settlement and Land Sales Act, 1943, upon a sale of Maori freehold land requiring confirmation.

Maori Land Court, Wellington, May 19th 1948. Judge Whitehead,

Wellington M.B. 37, folio 1.

Re Ngarara West A No.78 Lot 7.

Confirmation -Transfer - Lessee purchasing shortly after commencement of lease consideration at approximately amount of Lessor's interest according to Government Valuation - competition from other possible buyers eliminated by the lease - attitude of Court to such purchases - confirmation refused.

Maori Appellate Court, Auckland, March 15th 1957. Chief Judge Morison and Judge Prichard,

Auckland A.C.M.B. 13, folio 61

Re Te Whetu A3B (circulated) - Transfer to E. Sanders.

Conquest - title by conquest - leader of conquering party dying before title investigated - Descendants cannot claim under a title of ancestry - Interest falls back into the general claim of the conquering party.

Maori Appellate Court, Wellington, 9 July 1936 Verbal dictum of Chief Judge, Wellington A.C.M.B 7 folio 206.

Re Wharekauri 1K.

Costs of Valuers' fees and expenses - assessment of compensation for land taken - Party and party coats against Crown taking land.

Maori Land Court, Rotorua, Judge Prichard, 10th July, 1956.

Rotorua M.B. 104, folio 63.

Re Pouakanl (Wairarapa) Block

(Circulated)

Costs - Compensation For land taken - Several Claimants separately represented - Award and division of costs - principles.

Maori Appellate Court, Wellington, March 31st, 1944.

Judges Carr and Beechey.

South Island A.C.M.B 6, folio 245.

Re Hutt Section 19.

Costs - Contested probate- probate refused - Appeal against refusal --Decision of lower Court upheld with ooste against the appellant ‑question of costs of :‑

(a) The executor and sole beneficiary.

(b) Persons opposing the grant of probate.

Maori Land Court, Hastings, September 15th, 1948.

Judge Whitehead.

Re Eriata Nopera. deceased.

Napier M.B. 87 folios 387 and 388.

Costs - Application for probate - Maori Land Court and Maori Appellate Court - Application to Appellate Court for order directing payment of Solicitors’ costs and for order charging the estate and interests of beneficiaries with the amount of such costs.

Maori. Appellate Court, Hastings, 31st May, 1946.

Chief Judge Morison and Judge Whitehead.

Wellington (Hawkes Bay) A.C.M.B. 8, folio 30.

Re Mihiroa Tinimene and Tamati Nikera, deceased.

Custom - Disputed paternitv - Mother of the child married - Husband has the option acknowledge or repudiate child.

Maori Appellate Court, February 6, 1907. Chief Judge Seth Smith and Judge McCormick:

Auckland A.C.M.B. folios 7 and 9.

Re Succession Meri Tiki te Pune.

Family Protection - Child - Court has power to appoint to a child something less than an absolute interest in real property.

Maori Appellate Court, Wellington, March 5th 1937.

Chief Judge Jones and Judge McCormick.

Wellington A.C.M.B., folio 231.

Re Tu Turetahi Brightwell, deceased.

Family Protection - Orphan grandchildren, adults and minors - Widow living - Principles in Maori Land Court - Circumstances of grandchildren - Claims refused as to certain lands - Leave reserved for further submissions as to other lands.

Maori Land Court, Gisborne, March 16th 1956.

Judge Smith.

Waiapu M.B. 125, folio 261.

Re Hone Ngata, deceased. –

Family Protection - Orphan grandchildren - Widow living at death of testator, but dying before claim disposed of - Facts at date of death of testator to be considered - Claims of grandchildren - adults and minors principles - Substantial Estate.

Maori Appellate Court - Gisborne, April 20th 1956.

Chief Judge Morison and Judges Prichard and Brook.

Gisborne A.C.M.B. 27, folio 347.

Re Niri Whaaga, deceased.

Family Protection - Successive applications - Previous application finally disposed of - No power for Court to hear further application.

Maori Appellate Court, Hastings, April 13th 1956.

Chief Judge Morison and Judge Prichard.

Hawkes Bay etc. A.C.M.B. 8, folio 189.

Re Pohatu Hapuku, deceased..

Family Protection - Widow - Testator legally married - Separated from legal wife - living with another woman until his death - legal wife living at testator's death - Contention that sections 177 and 178 Maori Land Act 1931 excludes widow of legal marriage - Provision made by Court for child of second “marriage".

Maori Appellate Court, Wellington, March 5th 1937.

Chief Judge Jones and Judge McCormick.

Wellington A.C.M.B. 7, folio 231.

Re Tu Turetahi Brightwell, deceased.

Gift - European Land, - No Maori custom can apply.

Maori Appellate Court, Auckland, March 6th 1931.

Chief Judge Jones, Judges McCormick and Browne.

Auckland A.C.M.B. 11, folio 359.

Re Oturei 1A and 1B and Okapakapa.

Gifts - "Ohaki" and 'Tuku” - Statement as to the nature of, and actions necessary to constitute such gifts.

Maori Appellate Court, Wanganui, May 12th 1894.

Judge 0’Brien.

Wanganui A.C.M.B. 3, folio 116.

Re Waipu 1C

Gift of money by an aged and illiterate man to his son with whom he lived -Presumption of invalidity of gift arising from circumstances - Onus on donee to rebut presumption - Onus not discharged - Gift set aside.

Brown v Brown 20 N.Z.L.R. 40 applied.

Maori Appellate Court, Auckland, March 6th 1936.

Chief Judge Jones, Judge Browne.

Auckland A.C.M.B. 11, folio 362,

Re Whakauruhunga te Roia, deceased,

Hapu - Membership of Pariroa Native Reserve Act 1901 - In order to be held to be members of a hapu, persons claiming must not only be descendants of the appropriate ancestor, but must also from generation to generation have been identified with the hapu.

Maori Appellate Court, Wanganui, July 10th 1903.

Chief Judge Davy, Judge Butler.

Wanganui A.C.M.B. 8, folio 255.

Re Pariroa Reserve

House site - vesting order - Discretion of Court as to whether or not an
order will be made.

Maori Appellate Court, Rotorua, March 23rd 1949,

Chief Judge Morison and Judge Dykes.

Re Rangaranga A3

Incorporation - Mangatu 1, 3 and 4 - Appointment of Block Committee – Land vested in East Coast Commissioner upon trust - Jurisdiction of Maori Land Court to appoint committee - Maori Purposes Act, 1935, Section 18.

Maori Appellate Court, Auckland, June 14th 1946.

(Tairawhiti District).

Chief Judge Morison, Judges Dykes and Prichard.

Gisborne A.C.M.B. 27, folio 118.

Re Mangatu 1, 3 and 4 (Incorporated) (No.1)

Incorporations - Mangatu 1, 3 and 4 - Election of members of Committee of Management - Confirmation by the Court - Maori Purposes Act, 1947, Section 25 (12) - Appeal against order on the ground that person appointed was not a fit and proper person to be appointed - jurisdiction of Court on confirmation limited to satisfying itself that the election was properly conducted or the appointment duly made. There was no general duty cast upon the Maori Land Court to protect Maoris in all matters which affect them and which are properly before the Court but there is a special duty where there is legislative authority for the exercise of such duty.

Maori Appellate Court, Gisborne, May 30th 1949. "

Chief Judge Morison, and Judge Whitehead.

Gisborne A.C.M.B. 27, folio 118.

Note : Section 25(12) of the Maori Purposes Act 1947 was amended by the Maori Purposes Act 1950 Section 61 (4) giving the Court power "on. sufficient cause being shown to refuse to make an order confirming the election. The meaning of this provision was considered by the Supreme Court upon a case stated re Mangatu 1, 3 and 4 in 1954 reported in (1954) N.Z.L.R. 624.

Re Mangatu 1, 3 and 4 (Incorporated) - (No.2)

Incorporation - Election of Members of Committee of Management - Confirmation by the Court - Confirmation opposed on ground that persons elected were not fit and proper persons to be members of committee and on account of other circumstances surrounding the election - New election ordered - Power of Court to refuse confirmation "on sufficient cause being shown" - Maori Purposes Act 1947 section 25 as amended by Maori Purposes Act 1950, section 61 - Case stated for opinion of Supreme Court on the meaning of "on sufficient cause being shown" - Held by the Supreme Court :‑

"Those words are wide and unqualified. Whether sufficient cause is shown is a question for the Maori Land Court. I see in these words on the face of them nothing restrictive, nothing that confirms the Court to a particular cause, nothing that disqualifies the Court from refusing to confirm an election on any grounds that it holds sufficient."

Held by the Maori Appellate Court :‑

"The very wide view taken by the Supreme Court as to what constitutes "sufficient cause" gives the Maori Land Court a very unfettered discretion. It may possibly be that any one of the factors referred to by the Maori Land Court for its reasons might in itself not be "sufficient cause" to refuse confirmation upon these general grounds, but we consider that the Court was entitled to look upon the atmosphere at the time of the election, and the background to the election as a whole and to say that these matters constituted "sufficient cause to refuse confirmation. To reverse the decision of the lower Court on this point, the Court would have to find that the lower Court proceeded upon an altogether wrong basis in arriving at its decision."

Maori Appellate Court, Wellington, May 25th 1954.

(Tairawhiti District).

Chief Judge Morison and Judge O'Malley.

Gisborne A.C.M.B. 27, folio 299.

Re Mangatu 1, 3 and 4 (Incorporated) (No.3)

Incorporation - Committee of Management - Election - Special legislation applying to Mangatu 1, 3 and 4 Incorporation - Maori Purposes Act,1953, section 23 - Appointment of persons to fill vacancies on Committee.

Maori Land Court, Gisborne, August 20th 1954.

Judge Smith.

Gisborne M.B. 77, folio 105.

Re Mangatu 1, 3 and 4 (Incorporated) (No.4)

Incorporation - Application for Court to order that a special general meeting be held to consider question of "hapu" system of representation on committee. - Past history of dissension among committee and rival factions among owners - Doubt as to whether meeting could be lawfully held, or properly controlled, and as to whether any good purpose could be served by it - Order refused.

Maori Land Court, Gisborne - July 7th 1955,

Judge Smith.

Gisborne M.B. 78, folio 103.

Re Mangatu 1, 3 and 4 (Incorporated) - (No.5)

Incorporation - Committee of Management - Election appointment by Court - Proxies for voting at general meeting for election witnessed by persons known to be prospective candidates for election and who were nominated at the meeting and elected - Validity of these proxies challenged. Held that proxies were valid.

Maori Land Court, Gisborne:, April 20th 1956,

Judge Smith.

Gisborne M.B. 79, folio 153.

Re Mangatu 1, 3 and 4 (Incorporated) - (No.6)

Incorporation - Removal of members of committee by the Court – Maori Affairs Act 1953, section 292 - Order made removing all members of Committee and appointing a new Committee including three members of the old Committee - One person appointed who was not an owner in the land, with the intention that he will be appointed Chairman ‑

Maori Land Court, Gisborne, April 17th, 1959,

Judge Smith.

Gisborne M.B. 84, folio 55

Re Mangatu 1, 3 and 4 (No.7)

Investigation of Title - Claims to ownership and relative shares – Basis of "mana" alone as a "take" - Nature of occupation.

Maori Lana Court, Napier, February 23rd 1924.

Judge Gilfedder

Napler M.B. 72, folio 87.

Re Aorangi Block

Investigation of Title - Determination of the time at which Maori customary title must be regarded as settled for the purpose of investigation. The year 1840 fixed.

EXTRACT FROM JUDGMENT^.

"The conclusion at which we have arrived, after our experience in the Compensation Court, and as members also of the Native Land Court, is that before the establishment of the British Government in 1840 the great rule which governed Maori rights to land was force - i.e., that a tribe or association of persons held possession of a certain tract of country until expelled from it by superior power, and that on such expulsion, if the invaders settled upon the evacuated territory, it remained theirs until they in their turn had to yield it to others. It is even very doubtful whether the relation of persons to the land was, as a rule, what in the English sense of the term could be styled ownership. Land, with its places of strength, concealment, and security, seems to have been regarded more as a means of maintaining and securing the men who occupied, than the men who occupied it as a means or defending and maintaining possession of the land; so much so, that voluntary migrations where not unfrequent, and we have met with cases in which whole tribes abandoned their ancestral territory and migrated to other parts of the country where the means of living were more plentiful, or where by an amicable amalgamation with other tribes they might hope for a more secure or comfortable existence. A case of this sort appears to have happened on this very block, to which a tribe voluntarily migrated from Kaipara, who merged themselves into the Taranaki tribe, of which they now form an integral part, and in which its members can no longer be distinguished.

We do not think that it can reasonably be maintained that the British Government came to this Colony to improve Maori titles, or to reinstate persons in possessions from which they had been expelled before 1840, or which they had voluntarily abandoned previously to that time. Having found it absolutely necessary to fix some point of time at which the titles, as far as this Court is concerned, must be regarded as settled, we have decided that that point of time must be the establishment of the British Government in 1840, and all persons who are proved to have been the actual owners or possessors of land at that time, must (with their successors) be regarded as the owners or possessors of those lands now, except in cases where changes of ownership or possession have subsequently taken place, with the consent, expressed or tacit; of the Government, or without its actual interference to prevent these changes.

Compelled by absolute necessity to lay down a rule for our guidance as to the time and circumstances when the ownership or title of expelled owners could rightly be regarded as having terminated we can find no other rule to establish than the one now expressed, and we have endeavoured to adhere to it as a fixed rule for our enquiries under The New Zealand Settlements Acts, where the questions at issue are matters purely between the Crown and a portion of its Maori subjects. Of course the rule cannot be so strictly applied in the Native Land Courts, where the questions to be tried are rights between the Maoris inter se, but even in that Court the rule is adhered to, except in rare instances. If greater latitude is allowed, and the date of ownership is permitted to he variable, the confusion will be such as to render any solution of this great question, upon any principle of justice, perfectly hopeless. Thus, we know that there are claims preferred by the Otaki natives to Maungatautari and the whole of Waikato, from which countries they have long been expelled, and from which, at an earlier date, they themselves drove out other tribes. Again Te Rauparaha^’s people claim Kawhia on similar grounds, and have sent in claims."

Compensation Court, New Plymouth, June 1866.

Chief Judge Fenton, Judges Rogon and Munro (Judges of the Maori Land Court)

Re Oakura Block

Investigation of Title - Foreshore between high water mark and low water mark - Ownership by Maoris before the Treaty of Waitangi. Case to be stated for Supreme Court on questions of law as to ownership by after the Treaty.

Maori Land Court, Kaitaia, November 12-15th 1957.

Chief Judge Morison.

Northern N.B. 85, folio 126.

Re Wharo Oneroa a Tohe

(90 Mile Beach)

Investigation or Title - Occupation - Degree of occupation necessary to establish right to inclusion in title - Occupation of grandparents is the most remote occupation which will give a right to inclusion.

Maori Appellate Court, Russell, October 17th, 1907.

Judges Seth-Smith and MacCormick.

Auckland A.C.M.B. 3, folio 238.

Re Motatau No.3

Investigation of Title - General principles applied.by the Maori Land Court as to origin of the tribal/ title to the land, and support of title by proof of occupation - Summary of the various kinds of activities constituting occupation and loss of right by allowing the "fires to die out."

Maori Land Court, February 4th 1925.

Chief Judge Jones

South Island Minute Book 23A, folio 86

Re Ngaitahu Claim

Investigation of title - Relative Interests - Determination according to heads of families although accepted in some cases and some districts, cannot be accepted as being a general rule – Any general rule should be modified where necessary to suit the circumstances of individual cases ‑There is no rule of universal application.

Maori Appellate Court, Wanganui, December 4th 1900.

Chief Judge Davy and Judge Scannell.

Wanganui A.C.M.B. 8, folio 61.

Re Pouwhakarua.

Investigation of Title - Relative Interests - Principles governing determination of relative interests - Judgments of the Maori Land Court which determine title are "judgments in rem.”

Royal Commission consisting of Chief Judge Shepherd; Judges Harvey and Beechey, 1944, Report of Commission.

Waiapu Minute Book 112A, folio 306 (Tairawhiti District)

Re Wharekahika Block.

Investigation of Title - Relative Interests - Principles governing determination.

Maori Land Court, Tolaga Bay, April 24th 1948.

Chief Judge Morison and Judge Dykes.

Waiapu M.B. 116, folio 77.

Maori Appellate Court, Tolaga Bay, April 8th 1949.

Judges Harvey, Whitehead and Prichard.

Gisborne A.C.M.B. 27, folio 95.

Re Paremata Blocks

Investigation of Tit1e - Occupation - Block situated in the "hinterland" - Little evidence of actual occupation - Claims by various hapus with lands adjoining or adjacent - Land being investigated being part only of a Maori Block at one time owned by the Crown but restored to its former status of Maori customary land by legislation - Investigation held in 1952.

Maori Appellate Court, Taupo, November 26th 1952.

Chief Judge Morison and Judges Beechey and Prichard.

Rotorua A.C.M.B. 8, folio 150.

Re Te Matai Block.

Investigation of Title - Lake Waikaremoana - Appeals by various groups ‑ competing tribal claims.

Maori. Appellate Court, Wairoa, April 22nd 1947.

Chief Judge Morison, Judges Harvey and Whitehead.

Gisborne A.C.M.B. 27, folio 46.

Re Lake Waikaremoana.

Investigation of Title - Orakei Block (Waitemata Harbour) – Important events from early times in tribal history affecting the area traversed in the Court’s decision.

Maori Land Court, Auckland, December 22nd 1869.

Chief Judge Fenton, Henare Pukuatua, Assessor.

(Included in "Important Maori land Judgments")

Re Orakei Block.

Investigation of Title - Wanganui River bed - Bed of the River owned by the Wanganui tribe under the customs and usages at the time of the Treaty of Waitangi.

Maori Appellate Court, Wellington, December 20th 1944.

Chief Judge Shepherd; Judges Carr, Harvey, Beechey, Dykes and Whitehead.

Wanganui A.C.M.B. 11, folio 110.

Re The Wanganui River.

Investigation of Title - Foreshore - Estuary - Ngakaroro Mudflats, Hokianga - Maori claim to ownership opposed by the Crown – Jurisdiction of Maori Land Court to investigate title to foreshore.

Maori Appellate Court, Auckland, December 10th 1942.

Chief Judge Shepherd, Judges Beechey and Dykes.

Auckland A.C.M.B. 12, folio 137.

Re Ngakaroro Mudflats

(Whakarape Estuary)

Investigation of Title - conquest principal of conquering party dying before title investigated - his descendants cannot claim under a title of ancestry - interest falls back into the general claim of the conquering party.

Maori Appellate Court, Wellington, July 9th 1936.

Diction of Chief Judge Jones.

Wellington A.C.M.B. 7, folio 206.

Re Wharekauri 1K

Investigation of Title - Foreshore - Land between mean high water mark and mean low water mark - Ownership by Maoris before the Treaty of Waitangi according to their customs and usages - Preliminary determination in the course of proceedings upon investigation of title.

Maori Land Court, Kaitaia, November 25th 1957.

Chief Judge Morison.

Northern M.B. 85, folio 126.

Re Wharo Oneroa A Tohe

(Ninety Mile Beach)

Investigation of Title - Lake Omapere - Maori claim to ownership opposed by the Crown upon the ground that Maori custom did not recognise the ownership of the beds of lakes - Held that the bed of the lake was Maori Customary Land.

Maori Land Court, Auckland, August 1st.1929.

Judge Acheson.

Bay of Islands M.B. 11, folio 253.

Re Lake Omapere

Investigation of Title - Mokoia Island - Competing tribal claims - determination on these claims - Determination of individual owners not completed.

Maori Land Court, Rotorua, November 16th 1916.

Judge McCormick.

Mokoia M.B. 3, folio 85.

Re Mokoia Island.

Investigation of Title - Mokoia Island - Further preliminary determination on the ascertainment of title and relative shares.

Maori Land Court, Rotorua, March 18th 1953.

Judge Smith.

Rotorua M.B. 99, folio 131.

Re Mokoia Island.

Investigation of Title - Mokoia Island - Appeals as to competing tribal claims, individual claims and relative shares.

Maori Appellate Court, Rotorua, March 11th 1955.

Chief Judge Morison, Judges Harvey and Prichard.

Rotorua A.C.M.B. 3, folio 278.

Re Mokoia Island.

Investigation of Title - Foreshore - Porirua Harbour - Mudflats – Quaere as to whether the Maori Land Court has jurisdiction to. grant title.

Maori Land Court, Porirua, August 1st 1833. [Note: should the year be 1883?]

Chief Judge McDonald and Judge Puckey.

Wellington M.B. 1, folio 147.

Re Porirua Foreshore (Parumoana).

Investigation of Title - Foreshore - Kauwaerenga Mud Flats. Question whether Maoris were entitled to a title to the ownership of the land, or whether they were entitled to a title to "fisheries” - Lengthy review of various authorities on ownership and rights over tidal waters and the land below them.
Held :- "there can be no failure of justice if the Natives have secured to them the full exclusive and undisturbed possession of all the rights and privileges which they or their ancestors have ever exercised; and the Court so determines declining to make an order for the absolute property of the soil, at least below the surface.

Maori Land Court, Thames, December 3rd 1870.

Chief Judge Fenton.

Hauraki M.B. 4, folio 236.

Re Kauwaerenga Mud Flats.

Lease - Order under section 237, Maori Affairs Act, 1953, directing Maori Trustee to execute a renewal - order including a direction as to the amount of the rent under such renewal this amount having been determined by the Court, there being a dispute between the parties as to the amount.
Held: the Court had no jurisdiction to determine questions arising between the parties as to the terms of the instrument of renewal to which the lessee is entitled - Order amended by Chief Judge by deleting the words fixing the amount of the rent.

Chief Judge (acting under Section 452, Maori Affairs Act, 1953)

Wellington, January 20th, 1959. Chief Judge Morison.

C.J.M.B. 7, folio 146.

Re Ohinepoutea Block.

Maori Appellate Court - Jurisdiction created by section 42, Maori Affairs Act, 1953 - Jurisdiction only in respect of "Final Order". Where an order appealed from is not a final order, the Maori Appellate Court has no jurisdiction to determine the subject matter of the appeal on its merits - The appeal must be dismissed upon the ground that the Appellate Court has no jurisdiction to determine the matter,

Maori Appellate Court, Gisborne, September 18th 1958,

Chief Judge Morison, Judges O'Malley and Brook.

Gisborne A.C.M.B. 28, folio 32.

Re Estate Hamuera Ngarimu, deceased.

Maori Land Court - General duty to protect Maoris in all matters affecting them - There is no general duty cast upon the Court to protect Maoris in all matters affecting them and which are properly before the Court but there is a special duty where there is legislative authority for the exercise of such duty.

Maori Appellate Court, Gisborne, May 30th 1949.

Chief Judge Morison and Whitehead.

Gisborne A.C.M.B. 27, folio 118.

Re Mangatu 1, 3 and 4 Incorporated

"Marriage" according to Maori custom - A marriage (so called) according to native custom is not a marriage at all. It is a mere cohabiting by two persons either of whom may dissolve the contract at pleasure. The fact that such relationships are recognised for certain purposes of succession under the Native Lard Acts merely emphasises that they are not marriages according to the law of New Zealand for any other purpose or in any other way.

Maori Appellate Court, Wellington, August 16th 1929.

Chief Judge Jones, Judge MacCormick.

South Island and Wellington A.C.M.B. 6, folio 60.

Re Meri Pori, deceased.

"Marriage" according to Maori custom - Land purchased in the name of the "wife" with money provided by the "husband"
Held that the presumption of a gift to the wife which would apply in the case of a legal marriage does not apply, the result being that there was a resulting trust in favour of the "husband" - The claim by the "wife" to possession of the land was dismissed.

Maori Appellate Court, Wellington, August 22nd 1929.

Chief Judge Jones, Judge MacCormick.

Wellington A.C.M.B.6, folio 70.

Re Kererione 1W.

Moriori - Succession - Deceased having part Moriori descent through his father - Succession to land in Chatham Islands reserved for certain persons of Moriori descent, upon investigation, with consent of Maori claimants, the title of the Morioris having been held to have been extinguished by the Maori conquest:
Deceased dying without issue and without brothers or sisters or issue of such - No definite evidence as to relationship to other Moriori owners in the reserve - succession made in favour of issue of last survivor of the owners, who are also the last surviving full blooded Moriori.

Maori Land Court, Wellington, 1938.

Judge Shepherd,

Wellington M.B. 31, folio 258

Re Hohepa Henare Ngamapu, deceased.

Ngati Kahungunu - History of causes which led to the Ngati Kahungunu settling in the Hawkes Bay District.

Maori Appellate Court, Hastings, March 4th 1899,

Judges A. Mackay and W. Mair.

Napier M.B. 47, folio 355.

Re Ohiti Block

Ninety-Mile Beach - Investigation of Title - Foreshore - Land between mean high water mark and mean low water mark - Ownership by Maoris before the Treaty of Waitangi according to their customs and usages - Preliminary determination in course of investigation of title.

For Copy judgment see under "Investigation of Title".

Maori Land Court, Kaitaia, November 15th 1957.

Chief Judge Morison.

Northern M.B. 85, folio 126.

Re “Mile Beach"

Wharo Oneroa a Tohe

Notice of. Proceedings - Appeal by person affected by an order on the ground that she had no notice of the proceedings and therefore had no opportunity of presenting her case. Rehearing ordered by the Appellate Court.

Maori Appellate Court, Gisborne, March 23rd 1950.

Chief Judge Morison and Judge Dykes.

Giaborne A.C.M.B. 27, folio 140.

Re Whare Purakau (Creech) deceased.

Order - Final Order under section 135 Maori Affairs Act 1953 - To constitute a final order in respect of any block the order must determine all the persons legally entitled to succeed - An order determining that a certain person is one of the persons so entitled is not a final order.

Maori Appellate Court, Gisborne, September 18th 1958.

Chief Judge Morison, Judges O'Malley and Brook.

Gisborne A.C.M.B. 28, folio 32.

Re Hamuera Ngarimu, deceased.

Palmerston North Reserve - Succession to rent held by Maori Trustee subject to section 550, Maori Land Act 1931 - Maori Purposes Act 1937, section 13 - Maori Purposes Act 1946, section 15. Hare Parata became an owner by virtue of the Act of 1937 and ceased to be an owner by virtue of the Act of 1946 - Held that the successors to Hare Parata were entitled to rent received in respect of the interest of Hare Parata during the time that he was an owner.

Maori Land Court, Wellington, June 28th 1949.

Judge Whitehead.

Wellington M.B. 37, folio 170.

Re Hare Parata, deceased.

Palmerston North Reserve - Special Legislation - Maori Purposes Act 1946, section 15 - Effect of this legislation on the interest of the deceased, and succession to that interest considered.

Maori Land Court, Wellington, October 14th 1949.

Judge Whitehead.

Wellington M.B. 37, folio 246.

Re Wiremu Tini Waitapu, deceased.

Palmerston North Reserve - Special legislation - Maori Purposes Act 1948, section 18 – Court empowered to inquire whether through some error or omission the name of Wi Hapi Pakau was omitted from a list of owners in a Declaration of Trust of October 24th 1887 – No error or omission proved.

Maori Land Court Wellington, October 14th 1949.

Judge Whitehead.

Wellington Minute Book 37, folio 250.

Re Wi Hapi Pakau, deceased.

Partition order constitutes a legal estate in fee simple when pronounced, although it has not yet been drawn up and sealed and the land has not been surveyed. – Rawiri te Peke v Stockman 1917 G.L.R. 550, and The King v Waiariki District Maori Land Board [1921] NZGazLawRp 237; (1922) N.Z.L.R. 417, applied.

Maori Appellate Court, Wellington, December 1958. (Tairawhiti District)

Chief Judge Morison, Judges Prichard and Jeune.

Gisborne A.C.M.B. 23, folio 36.

Re Puhunga A3C and A3D

Partition – Land used as a marae etc, but not set aside as a Maori reservation - Buildings erected by adherents of a religious sect for religious purposes - Owners later divided between two religious sects - Dissensions arising between two groups - Partition essential - Dispute as to allocation or buildings on partition.

Maori Appellate Court, Rotorua, October 6th 1952. (Tokerau District)

Chief Judge Morison, Judge Harvey.

Auckland A.C.M.B. 12, folio 324.

Re Te Tii (Mangonui) A.

Partition - Cancellation or Partition Orders under section 184, Maori Affairs Act, 1953 - House built for owner of one subdivision on adjoining subdivision in error - Application by Registrar for cancellation of partition and re-partition - Owners of land on which house built opposing application - Question of acquiescence by these owners raised but not decided - Matter determined by the Court on "A balance of justice" or substantial justice - Partition orders cancelled and land re-partitioned so as to give person for whom house built lend upon which it was built - Held (Judge Prichard dissenting) that owners or subdivision upon which house built were entitled to have their rights determined upon established principles of law and equity - Orders made by Maori Land Court cancelled.
The maxim."quicquid plantatur solo solo cedit" applies to Maori freehold land.

Maori Appellate Court, Wellington, December 1958. (Tairawhiti District)

Chief Judge Morison, Judges Prichard and Jeune.

Gisborne A.C.M.B. 28, folios 36 to 61.

Re Puhunga A3C and A3D

Partition - Cancellation "wholly or in part" - Maori Land Act 1909, section 121(1) - the words "wholly or in part" contained in sub‑section (1) of Section 121 of the Native Land Act, 1909, do not authorise the Court to vary or amend an order - there must be a cancell‑ation - It seems to us that in this subsection the words "partition order" may be read as meaning a division of land into subdivisions, or what is usually described as a "partition" which comprises “orders" for the several subdivisions into which are area has been divided or partitioned. In such a case the "orders" for two or more subdivisions could be cancelled while those for the other subdivisions could be left untouched. This in our opinion would be such a cancellation "in part" at is intended by the section.

Maori Appellate Court, Auckland, October 21st 1916.

Chief Judge Jackson Palmer, Judge MacCormick.

Auckland A.C.M.B, 10, folio 322.

Re Matamata North

Partition - Jurisdiction to partition is discretionary - Maori Land Act 1931, section 137 - Review of such discretionary decision by the Appellate Court.

Maori Appellate Court, Gisborne, March 23rd 1950.

Chief Judge Morison, Judge Dykes.

Gisborne A.C.M.B. 27, folio 141.

Re Puninga 12B1A2

Partition - Farm land of varying quality - there should be some evidence of valuation to enable the Court to make a just and equitable partition, unless the parties consent to the proposed partition.

Maori Appellate Court, Gisborne, May 30th 1949.

Chief Judge Morison, Judge Whitehead.

Gisborne A.C.M.B. 27, folio 116.

Re Ngawhakatutu A1B2B2

Partition - Improvements - Building - House erected by lessee the father of some of the owners - Possibly that two of these owners contributed to cost of house - Lease passing into hands of one of these owners as lessee - Claim to the house made by this owner as against other members of her family - Another group of owners, being a different. family, making no claim to house on partition.

Maori Appellate Court, Auckland, July 15th 1952.

Chief Judge Morison, Judge Harvey.

Auckland A.C.M.B. 12, folio 350.

Re Otorohanga C 2A

Partition - Improvements by one owner - Principles governing rights of such owner - Improvements added by lessee who subsequently became an owner - Claim as purchaser for value without notice of rights of owner adding improvements - Nature of such rights.

Maori Appellate Court, Gisborne, 3rd July and 20th December 1952.

Chief Judge Morison and Judge Prichard

Gisborne A.C.M.B. 27, folio 163 and 203

Re Hauomatuku 8B

Partition - Some interests leased - Remaining interests sold to a European - Lessee entitled to be heard on partition.

Native Appellate Court, Wanganui, March 27th 1920.

Chief Judge Jones and Judge Acheson.

.Wanganui A.C.M.B. 10, folio 331.

Re Inuawai 6A

Practice - Appeal - Application to call further evidence – Evidence called in lower Court on same matter - Several opportunities of calling further evidence In lower Court Application refused.

Native Appellate Court, Wellington, September 30th 1915.

Judges MacCormick and Fisher.

Wellington A.C.M.B. 4, folio 22.

Re Tamati Ranapiri, deceased.

Partition - Claim to a portion of the land on grounds of occupation by the claimants of that portion - such occupation of recent origin, and objected to by other owners - award of the area to the occupiers not upheld.

Maori Appellate Court, Wanganui, July 26th 1906.

Chief Judge Seth-Smith, Judge Jones.

Wanganui A.C.M.B. 9, folio 14.

Re Maraetaua 4B

Practice - Appeal - Definition of relative interests - Principle to be applied by Appellate Court in reviewing des lion of Maori Land Court determining relative interests.

Maori Appellate Court, .Wanganui, June 18th 1917.

Chief Judge Jackson Palmer, Judge MacCormick,

Wanganui A.C.M.B. 2, folio.181.

Re Hautu No.1

Probate - Opposition to grant of probate on the grounds that terms of the will were uncertain in their effect as bequests - Probate refused - Held upon appeal that upon an application for probate, if the instrument propounded is capable of having any effect as a testamentary instrument, and the Court is satisfied as to due execution and testa‑mentary capacity, the Court must grant probate, and any question as interpretation of the will must be left to be determined in subsequent proceedings.

Maori Appellate Court, Gisborne, May 30th 1949.

Chief Judge Morison, Judge Whitehead.

Gisborne A.C.M.B. 27, folio 122.

Re Katerina Takawhari, deceased.

Probate – Wills made in 1933 and 1942 - Codicil made in 1943 referring to will of 1933 and purporting to partially revoke it - No reference to will of 1942 - Draftsman of codicil unaware of existence of 1942 - will of 1933 revived by codicil but will of 1942 not revoked – Probate granted of all three documents.

Maori Land Court, Wellington, April 19th 1945.

Judge Whitehead

South Island M.B. 32, folio 179.

Re Sarah Gilroy, deceased.

Probate - Court her: no power to cary the terms of a Will.

Maori Appellate Court, Wanganui, March 15th 1923.

Wanganui A.C.M.B. 10, folio 417.

Re Amiria Horomona, deceased.

Probate - Testamentary capacity - Testator subject to a religious mania or delusion, some sexual abnormality, and melancholia - In other respects a normal person - Held that the testator's condition did not affect her capacity to make the will in question - Maori. Land Court directed to grant probate.

Maori Appellate Court, New Plymouth. July 26th 1956.

Chief Judge Morison, Judge Smith.

Wanganui A.C.M.B. 11, folio 272.

Re Mawhaturia Rangimatakite, deceased.

Probate - Under influence - Suspicion of Court aroused – Testamentary capacity - cases considered.

Maori Appellate Court, Hastings, March 24th 1948.

Chiefr Judge Morison, Judge Harvey.

Hawkes Bay A.C.M.B. 8, folio 75.

Re Eriata Nopera, deceased.

Probate - Undue influence – Testamentary capacity..

Maori Appellate Court, Wanganui, July 26th 1906.

Chief Judge Seth-Smith, Judge Jones.

Wanganui A.C.M.B. 9, folio 16.

Re Pene te Mawe, deceased.

Rating - Rate Charging Order - Land owned by several owners in common.- Previously owned by one owner long since dead, whose name still appears in the "Owners” column on valuation roll - Land subject to a lease for 15 years - Name of lessee appearing in "Occupiers" column - Demand for rates made on lessee - Rates not paid - Application for charging order - Claim by County that (a) no demand or owner or occupier necessary, or (b) demand on. lessee sufficient - Claim by owners that rates cannot be recovered from owners without a demand made upon them.
Held that demand on the occupier is sufficient to sustain an application for charging order. Minister of Lands v The Native Trustee [1941] NZGazLawRp 46; (1941) N.Z.L.R. 503 considered. Provisions of Part II of the Rating Act 1925 - Maori Land Rating - generally considered.

Maori Appellate Court; Auckland (Ikaroa District) January 10th 1949.

Judges Beechey and Prichard.

Wellington A.C.M.B., folio 98.

Re Arapaonui 1A.

Rating - Rate Charging Order - Rate demand issued in name or a Maori appearing in Valuation roll as the owner and occupier, such person being long since dead.
Held that the demand must be made upon the person liable for the rates; that a person who was dead at the time when the Rate Roil was made up cannot be a person liable for rates; that therefore no valid demand for rates had been issued - Charging Order refused.
Minister of Lands v. Native Trustee [1941] NZGazLawRp 46; (1941 N.Z.L.R. 503 and Patangata County Council v White & another 31 N.Z.L.R. 999 considered.

Maori Land Court, Wellington 1948, Chief Judge Morison.

Wellington M.B. 37, folio 25.

Re Petone Borough Council.

Rating - Rate Charging Order - Rates levied under Swamp Drainage Amendment Act 1928 - Rating Act 1925,section 108 (6) - Power to remit in case of hardship or indigency - No evidence called as to hardship or indigency - Court deciding matter upon "circumstances disclosed to the Court or already known to the Court" –
Held that there had been no proper proof of hardship or indigency - Order remitting rates cancelled. If the rates are proved to have been levied and are still due and owing the Court upon application is bound except under special circumstances to make charging orders.

Maori Appellate Court, Auckland, June 25th 1935.

Chief Judge Jones, Judge MacCormick.

Auckland A.C.M.B. 12, folio 26.

Re Allotment 68, Parish of Ahipara.

Rehearing - Parties on an appeal both asking for an order directing a rehearing, by consent - Court required to be satisfied that there are good reasons for directing a rehearing.

Maori Appellate Court, Gisborne, March 23rd 1950.

Chief Judge Morison, Judge Dykes.

Gisborne A.C.M.B. 27, folio 139.

Re Tikitiki B20.

Rehearing - Refusal of Maori Land Court to grant rehearing - No right to apply for rehearing until an order made - Section 28 (1) Maori Affairs Act 1953 - No order made - Appeal dismissed..

Maori Appellate Court - Rotorua - October 5th 1956 ‑

Chief Judge Morison, Judges O'Malley and White.

Rotorua A.C.M.B. 3, folios 298 and 299.

Re Estate William Nicholas, deceased.

Res Judicata - Decision on succession to a certain deceased in one block does not creat an estoppel against parties claiming to be entitled to succeed to the interest of the same deceased in another block.

Maori Appellate Court, Wanganui, March 27th, 1920.

R.N. Jones, Chief Judge and F.O.V. Acheson, Judge.

Wanganui A.C.M.B. 10, folio 332.

Re Harawira Heperi, deceased.

Reserve - Westport Town Sections - Determination of persons beneficially entitled - Reserves conveyed to the Crown for administration under Native Reserves Act 1856 - Proceedings do not amount to an investigation of title, but customary rights of claimants have a bearing on the determination - Court to determine who were the people intended by the Crown under the bargain of sale which was made, to derive benefit from the reserves - History and effect of the tribal movements in the area considered.

Maori. Appellate Court, Wellington, May 19th 1948.

Chief Judge Morison, Judge Dykes.

Wellington A.C.M.B. 8, folio 107.

Re Westport Town Sections.

River Bed - Separate blocks on either side of river - Titles investigated and blocks partitioned - River suddenly changing its course - Survey plans on partition showing banks of the river as boundaries - Question of ownership of the old bed of the river between these two blocks - No separate claims ever set up to the bed of the river by the owners on either side - No claim ever preferred by any other body of Maoris -
Held that the title to each block included one half of the bed of the river and that on partition the land comprised in each partition order included a corresponding portion of the bed of the river.

Maori Land Court, Wellington, August 25th 1941.

Chief Judge Shepherd

Wellington M.B. 33, folio 299.

Re Himatangi and Tuwhakatupua Blocks.

Road - Maori Land Court upon application by Registrar purporting to determine the legal position of certain alleged roads or rights of ways - Intricate questions of law as to rights of person who had purchased parts of the land with access to such roads or rights of way. Held that the Maori Land Court had no jurisdiction to determine these questions and to make an ordor declaring the rights.

Maori Appellate Court, Wanganui, March 17th 1923.

Chief Judge Jones, Judge MacCormick.

Wanganui A.C.M.B. 10, folio 420.

Re Reureu No.2

Roadway for extraction of timber - Section 442 Maori Affairs Act 1953 - Application by one miller for order authorising him to use road constructed and being used by another miller; and to construct and use a new road through bush necessitating the felling of timber trees - Security to be lodged for compensation in respect of trees felled - Order refused by lower Court - Appeal allowed and order made by Appellate Court - Form or Order - Claims for compensation to be heard by lower Court upon applications under section 442(5).

Maori Appellate Court, Hastings, July 25th 1957 (South Island District)

Chief Judge Morison, Judge Prichard.

South Island A.C.M.B. 8A, folio 88.

Re Rowallan Block VIII, Sections 4 and 5.

Rotorua Township - Report by Maori Land Court under special legislation with respect to the administration and subsequent purchase by the Crown of the Pukeroa Oruawhata Block forming the Rotorua Township.

Maori Land Court, May 21st 1936, Chief Judge Jones.

Re Rotorua Township

Pikeroa Oruawhata Block.

Succession - Adopted child - a European - Adopting under the Adoption of Children Act, 1895 - Notice of Adoption under Native Land Claims Adjustment and Laws Amendment Act, 1901, section 50,

Native Appellate Court, Wanganui, July 18th 1910.

MacCormick and Gilfedder, Judges.

Wanganui. A.C.M.B. 10, folio 17.

Re Mariana Pine, deceased.

Succession - Adoption - Claims by adopted child to succeed to father or brother of the father of the adopting parent -

Held, there being no Native custom to the contrary the matter appears to be governed by the Infants Act, 1908. Section 21 of that Act expressly provides that the adopted child shall not, by reason of such adoption be entitled to take property from the lineal or collateral kindred or such adopting parent by right of representation. In this case the kindred are the father and an uncle of the adopting parent. What "by right.of representation" means is explained in In Re Taylor [1932] NZGazLawRp 128; 1932 G.L.R. 656 and Peddle v Beattie [1933] NZGazLawRp 87; 1933 G.L.R. 586 and seems to cover the claim in this case.

Chief Judge Jones (Acting under section 38, Maori Land Act, 1931), Wellington, March 10th 1939.

Re Paretene, Deceased.

Succession - Adopted child - Customary adoption of a European child claimed - No such adoption possible - Alleged adoption registered under Native Land Claims Adjustment and Laws Amendment Act, 1901, Section 50. - Registration prime facie evidence only - Native Land Court may inquire into the fact of adoption -

Maori Appellate Court, Wellington, April 21st 1921.

Wellington A.C.M.B. 4, folio 183.

Re Arete Mahupuku, deceased.

Succession - Adopted Child - Customary adoption - Proof of adoption.

Maori Appellate Court, Wanganui, April 14th 1902.

Edger and Johnson, Judges.

Wanganui A.C.M.D. 8, folio 126

Re Te Peina Huai, deceased.

Succession - adopted child - customary adoption - Strict proof of such adoption required.

Maori Land Court, Wairoa, October 7th 1911.

Judge R.N. Jones,

Wairoa M.B. 19, folio 178.

Re Harawira te Rea, deceased.

Succession - Adopted child - Customary adoption – Requisities to constitute such adoption.

Chief Judge Jones (acting under section 7, Maori Land Amendment and Claims Adjustment Act, 1922), Gisborne, January 6th, 1930.

C.J.M.B. 1, folio 246.

Re Tautahi Tuwhahipa, deceased.

Succession - Adopted child - Customary adoption - Deceased parent dying prior to March 31st, 1902 - Native Land Claims Adjustment and Laws Amendment Act 1901, section 50 - Native Land Act, 1909, section 161.

Maori Appellate Court, Wellington, October 1926.

Chief Judge Jones and Judge MacCormick.

Wellington A.C.M.B. 5, folio 240.

Re Hineipakatia, deceased.

Re Pateriki Hawaiki, deceased.

Succession - Adopted child - Customary adoption registered under the Native Land Claims Adjustment and Laws Amendment Act, 1901, section 50 - Effect of registration - prima facie evidence of an existing adoption, which may be disproved.

Maori Appellate Court, Wanganui, October 11th 1912.

Chief Judge Jackson Palmer, and Judge Rawson.

Wanganui A.C.M.B. 9, folio 133.

Re Ihaka Te Hau Paimarire, deceased.

Succession - Adoption - Deceased an adopted child - Interests being succeeded to acquired by deceased by succession to adopting parent - Deceased dying interstate leaving issue - Claim that next-of-kin of adopting parent of deceased entitled to succeed.
Held that issue of deceased entitled.

Maori Appellate Court, Wanganui., December 5th 1900.

Chief Judge Davy, Judge Scannell.

Wanganui A,C.M.B. 8, folio 74.

Re Pura Rora, deceased.

Succession - Adoption - Deceased dying intestate leaving two adopted children - one child dying shortly after deceased - application for succession to deceased made after death of child - Next of kin of deceased claiming that the interest of deceased child should "revert to the source", i.e. the deceased, and that next-of-kin entitled to succeed to one-half share together with the surviving .adopted child for the other half.

Held that according to Maori custom the adopted children were regarded as children of the body of the deceased, that therefore they must be treated as brothers, and that the surviving child was entitled as sole successor.

Re Pura Rora deceased applied (Maori Appellate Court : Wanganui

December 5th 1900, Chief Judge Davy and Judge Scannell.)

Chief Judge (acting under section 452 Maori Affairs Act 1953) Wellington, September 16th 1959, Chief Judge Morison.

Re Kahumate Reupena, deceased

Succession - Adoption - Deceased died intestate leaving two adopted children one of whom died shortly after the deceased leaving a child -
Held that the child of the deceased adopted child was entitled to succeed together with the surviving adopted child.
Collateral relatives of an adopted child have no right to succeed to interests of the adopting parent.

Maori Appellate Court, Gisborne, December 12th 1916.

Chief Judge Jackson-Palmer, Judge Rawson.

Gisborne A.C.M.B. 16, folio 150.

Re Makaia Wiripine, deceased.

Succession - Adoption - Quaere whether an adopted child is entitled to succeed to interests of next-of-kin of the adopting parent.

Maori Appellate Court, Gisborne, December 20th 1923.

Chief Judge Jones, Judge Carr.

Gisborne A.C.M.B. 21, folio 182.

Re Harawira te Rea and Wiripine Makaia, deceased. *

Succession - Adopted child - Right through collateral relative of deceased - Deceased died about. 1895 - Child adopted by a sister of the deceased to whom succession claimed, such sister having survived the deceased - Application for succession to deceased lodged by the sister who died before the application was heard - Claim by adopted child to succeed to the deceased.

Held by the Maori Land Court that the adopted child is only entitled to succeed to the property of the foster parent and not to that of the next of kin of the foster parent. The fact of the foster parent surviving the deceased does not give the adopted child any right. According to Maori custom it is only the living persons, (not the dead ones) who succeed.

On appeal, held that the adopting parent being the next-of-kin of the deceased and having survived him and having made application for succession orders, had done all that she could have done to reduce the interests into possession and must he held to have been the owner of them at the time of her death, and that the property would pass to her adopted child on her death without issue.

Hanana Kaira and another v. Hearn and another 2 N.Z.L.R. S.C. 66, and provisions of sections 2,3, 32 and 49 of the Maori Land Court Act 1894 considered.

Maori Land Court, Wairoa October 7th 1911.

Judge R.N. Jones.

Wairoa M.B. 19, folio 178.

Maori Appellate Court, Wellington, August 22nd 1912.

Chief' Judge Jackson Palmer, Judge Rawson.

Gisborne A.C.M.B. 14, folio 271.

Re Harawira te Rea, deceased.

Succession- Adoption - The deceased who died interstate without issue acquired the interests in question from one Miriama who had an adopted child Te Paea - Te Paea died before the deceased leaving a will in favour of one Whanui - Upon a claim by Whanui to succeed to the deceased.

Held, that Te Paea never had anything more than a spes successioni or hope of succeeding to the deceased and that this would not pass by Te Paea’s

Will.

Quaere as to whether Te Paea as adopted child of Miriama could have succeeded to the interests of the deceased as the adopting parent was dead long before the interests of the deceased became disposable, and the adopted child could not claim that the adopting parent acquired any rights which she could transmit to her adopted child.

Chief Judge Jones (Acting under section 7, Maori Land Amendment and Land Claims Adjustment Act 1922)

Gisborne April 10th 1931

Re Hanita Tiakiwai and

Hiwha Hamana, deceased.

Succession - Adopted child - Right to succeed - Deceased dying about 1895 - i.e. prior to the Act of 1901 providing for registration of customary adoptions, and prior to the Maori Land Act 1909 providing that no adoption by Maori custom whether made before or after the commencement of that Act is to be of any force or effect unless registered. ‑

Held that the Act of 1909 does not take away a right to succeed to a person who died prior to the commencement of the Act as the right to succeed accrued prior to the commencement of the Act.

Maori Land Court, Wairoa, October 7th 1911.

Judge R.N. Jones.

Wairoa M.B.19 folio 178

Re Harawira te Rea, deceased.

Succession - Doubtful paternity - Maori custom - In cases of disputed paternity the Native custom was where a man and woman were living together as husband and wife, and a child was born after the marriage under such circumstances as to raise a suspicion of its legitimacy, the question was practically decided by the husband either adopting the child as his or discarding it as not being his. In the former case the child was recognized as his and was entitled to any advantage accruing to his legitimate children - in the latter case it was not so recognised.

Maori Appellate Court, Wanganui, July 8th 1898.

Judges Scannell and Mair.

Wanganui A.C.M.B. 6, folio 13.

Re Winiata Puhaki, deceased.

Succession - Doubtful paternity - Maori Custom - By Maori custom the husband has the option to acknowledge or repudiate the child. If he acknowledges, the child has all the customary rights of a legitimate child. If he repudiates, the child has only those rights which can be acquired from the mother, but the repudiation must be expressed - the acknowledgment must be tacit. If the husband brings up the child as his own without formal acknowledgment, that is a tacit acknowledgment.

Maori Appellate Court, Auckland, February 6th 1907.

Judges Seth-Smith and MacCormick.

Auckland A.C.M.B. 2, folio 11.

Re Mere Tiki te Puhi, deceased.

Succession - "European" being a descendant of a Maori owning interest in Maori land - Probate of Will granted by Supreme Court - No jurisdiction under section 133, Maori Affairs Act, 1953, to make vesting order in favour of executor or successors.

Note : Provision was made in the Maori Purposes Act, 1955, Section 4(2) giving jurisdiction to make an order in such a case.

Maori Land Court, Gisborne, April 19th 1955.

Judge Smith.

Wairoa M.B. 57, folio 241.

Re Emily Thompson, deceased.

Succession - Land acquired by deceased under a Will - application of Section 33 Wills Act 1837 to the issue of the child of the deceased .by a customary marriage considered –

Maori Appellate Court, Hastings, April 8th 1927.

Judges MacCormick and Browne.

Wellington A.C.M.B. 7, folio 30.

Re Papa Meuroa Tutu, deceased.

Succession - Land acquired by the deceased under the Will of her second husband - Deceased leaving issue of both first and second marriages -Deceased dying intestate - Claim that issue of second marriage only entitled to succeed, as land derived from the second husband.

Held, that issue of both marriages entitled to succeed.

Maori Appellate Court, Wanganui, July 16th 1953.

Judge Chief Morison and Judge 0’Malley.

Wanganui A.C.M.B. 11, folio 153.

Re Airini te Heitawhiri, deceased.

Succession - Root of title - "The long settled custom of Native succession ls that the next-of-kin tracing to the person who was the case or root of title than succeed".

Maori. Appellate Court, Wellington, September 7th 1925.

Judges MacCormick and Rawson, per Judge MacCormick.

Wellington A.C.M.B. 4, folio 311.

Re Taporena Pene deceased.

Succession - Source from which interest of deceased derived - Claim that interest of deceased acquired under a succession order in which he was included as a successor only by reason of a "gift" from the persons entitled to succeed - The Court is entitled to enquire into the circumstances under which the deceased acquired his interest, in order to determine the persons entitled to succeed.

Maori Appellate Court, Auckland, August 17th 1915.

Judges MacCormick and Rawson.

Auckland A.C.M.B. 10, folio 206.

Re Paoa Rapata, deceased.

Succession – Source from which interest derived - Deceased leaving no issue or brothers and sisters - Interest derived through both father and mother - Under ordinary conditions when there is nothing to indicate anything to guide the Court as to the value of the right derived from each parent it is usual to assume those rights to be equal.
Held, in this case that the mother's side had the predominant rights; and interest apportioned two-thirds to mother's side and one-third to father's side.

Maori Appellate Court, Wellington, July 15th 1925.

Chief Judge Jones and Judge Carr.

Wellington A.C.M.B. 4, folio 302.

Re Ihakara Peru, deceased.

Succession - Source from which interest derived not ascertainable – Deceased dying without issue or brothers and sisters - Maori custom as to whether next-of-kin traced through father or mother of deceased.

Diction of Maori Appellate Court. According to Maori custom, where there is no issue of the deceased, the next-of-kin are usually traced through the father. There are cases however when the mother would succeed either with the father or to his exclusion. This always happens when the land is derived either partly or wholly through her. In many cases it is impossible to trace the source. In such cases it is usual to include both mother and father unless for some special reason such as the interest being small or the mother having married again into some other tribe.....It does not follow that the division should necessarily be equal.

Maori Appellate Court, Wellington (Aotea District)

August 17th 1925.

Chief Judge Jones and Judge Rawson.

Wanganui A.C.M.B. 10, folio 451.

Re Tiro Parata or Hokimate Davis, deceased.

Succession - Source from which the interest of the deceased was derived not ascertainable - Deceased dying intestate without issue end without brothers or sisters - "Under such circumstances, is is usual upon succession, to include the relatives of both parents, and this appears to have done in this case."

Chief Judge (acting under section 7, Native Land Amendment and Native

Land Claims Adjustment Act 1922), Wellington, February 24th 1931.

Chief Judge Jones.

C.J.M.B. 2, folio 2.

Re Wiremu Tini Waitapu, deceased.

Succession - Trust Fund under section 550 Maori Land Act, 1931 - Deceased beneficiary of trust fund dying intestate - Trust fund representing purchase money for Maori freehold land sold - This land was specifically devised by the deceased by a will made before the land was sold by her.
Held, (following, In Re Meropa Tima, deceased (1914) 33 N.Z.D.R. 1153, C.A.) that the specific devise of the land was entitled to succeed to the trust fund as if it had been the Native freehold land from which the trust fund had been derived.

Maori Appellate Court, Wellington, July 1st 1955.

Chief Judge Morison and Judge O'Malley.

Wellington A.C.M.B. 8, folio 185.

Re Irene Apatu Heremaia, deceased.

Succession - Trust fund under section 456 Maori Affairs Act, 1953 - Deceased beneficiary of trust fund dying testate - Trust fund comprising proceeds of Waikaremoana Debentures, representing purchase money for land sold to the Crown - Subsection (4) (b) (ii) of section 456 applies only to intestate estates - In case of testate estate the trust fund constitutes personalty in the estate and vests in the executor - No order under section 456 (4) (b) (ii) can be made.

Re Harete Luxon, deceased

Tihiotonga Trust - Farm property purchased by Arawa Trust Board – Transferred to Waiariki District Maori Land. Board. - Inquiry as to whether the Beard held land upon trust and if so upon what trusts –
Held, that the Board held the property upon trust for the Ngati Whakaue sub-tribe of the Arawa tribe as from August 16th 1928.

The Court then called upon persons claiming to be entitled as beneficiaries to file claims for inclusion in a vesting order to be made.

Maori Land Court, Rotorua, September 6th 1955.

Judge Harvey.

Rotorua M.B. 101, folio 393A.

Re Tihiotonga Blocks.

Timber cutting grant - Extension special legislation - Maori Purposes Act 1943, section 18 - Power of Court to extend term where inability to cut the timber within the term of the grant arises through "conditions arising out of the present war'' - Term of grant extended with condition for a further payment to be made by the grantee.

Maori Appellate Court, Rotorua, April 28th 1954.

Judges Prichard and Smith.

Rotorua A.C.M.B. 3, folio 257A.

Re Tutukau East B7B8

Timber - Purchase money - Agreement for sale of timber entered into by individual owners of an incorporated block - Before timber cut or purchase money paid ownership or block altered as a result of special resolution.-.Timber subsequently cut and purchase money paid partly to individual owners and partly to an agent appointed under the agreement.
Held, the agreement was void but as the timber had been cut and could not be restored to the owners, the owners of the land at the time when the timber was cut should receive the purchase money.

Maori Appellate Court, Auckland, December 11th 1946. (Ikaroa District) Chief Judge Morison, Judge Whitehead.

Hawkes Bay A.C.M.B. 6, folio 32.

Re Tarawera No.3.

Tramway_. - "Rent or compensation" - Maori Land Act 1931, Section 532 - Order granting sawmiller the right to a tramway over land, and providing for payment of "rent or compensation" based upon quantity of timber to be carried over the tramway - Held on appeal that this basis was wrong, and the ordinary principles of assessment or compensation should apply, and the "rent or compensation" should be based upon the value or the land required for the tramway, and injurious affection, if any, to the remainder of the land through which the tramway ran.

Maori Appellate Court, Auckland, December 11th 1946.

Chief Judge Morison, Judge Prichard.

Auckland A.C.M.B. 12, folio 224.

Re Rangitoto Tuhua 36A2C7 and 36A2C8.

Trespass – Claim for damages - Claim by three named owners "and others of the sale owners" for trespass for demolition and removal of a building, against two other named owners and "all those responsible for the removal of the building –

Held (1) That any judgment on a pecuniary claim must be for payment of a specified sum to certain named persons, by certain named persons.

(2) Some only of several tenants in common can join in an action for trespass in respect of their several causes of action, but they cannot bring a representative action on behalf of all the tenants in common.

(3) That demolition of a building may be a trespass but removal of the materials after demolition in conversion of chattels in respect or which the Maori Land. Court has no jurisdiction.

Maori Appellate Court, Auckland, May 16th 1949.

Chief Judge Morison, Judge Dykes.

Auckland A.C.M.B. 12,folio 258.

He Oruwhero 3G5

Trust - Deceased Estate - Maori Trustee Administrator with will annexed - Life tenant - Infant residuary beneficiaries - Question of jurisdiction or Court to make orders (a) directing Maori Trustee to advance capital for advancement of minors. (b) authorising and directing Maori Trustee to borrow money on mortgage for such purpose - Effect of section 18(5) Maori Trustee Act 1930 and Part X, Maori Land Act 1931 considered.

Maori Appellate Court, Wanganui, April 11th 1946.

Chief Judge Morison, Judge Whitehead.

Wanganui A.C.M.B. 11, folio 135.

Re Estate Aropeta Tamumu, deceased.

"Vested Land" - The Maori. Vested Lands Administration. Act, 1954 – Resolution of assembled owners for sale of land - Section 61 empowering Maori Trustee to sell in pursuance of a resolution of assembled owners under Part XXIII Maori Affairs Act, 1953 - Claim that confirmation of resolution not required. ‑

Held that the resolution required confirmation to enable the Maori Trustee to Act on it under section 61 of The Maori Vested Lands Administration Act 1954.

Maori Land Court, Auckland, July 22nd 1955.

Chief Judge Morison.

Waikato-Hauraki M.B. 2 folio 87

Re Wharepuhunga 14B2A

Vesting Order - Section 213, Maori Affairs Act, 1953 - Refusal to make order -Transaction part of family arrangement - Discretion of Court – Principles governing Appellate Court.

Maori Appellate Court, Gisborne, June 29th 1956.

Chief Judge Morison, Judges Pilchard and. Brook.

Gisborne A.C,M.B. 27, folio 367.

Re Ruaohinetu 1B2D

Waikare-Mohaka District confiscated lands subsequently granted to Maoris - Held to be Maori freehold land within the meaning of the Maori Land Act 1909 -
Title conferred by orders of the Maori Land Court under Section 7 of the Native Land Acts Amendment Act , 1881, and these orders declared valid by section 4 of the Native Land Claims Adjustment Act, 1914.

Maori Appellate Court, Hastings, April 8th 1927.

Judges MacCormick and Browne.

Wellington A.C.M.B. 7, folio 30.

Re Papa Mauroa Tutu, deceased.

West Coast Settlement Reserves - Devisability by will - Testator dying since coming into operation of Maori Land Act 1909 - Claim that by virtue of sections 136, 207 and 439 of the 1909 Act the restrictions on alienation comprised in the Crown Grant were no longer in force.
Held, that by virtue of section 5 of the West Coast Settlement Reserves Act 1892 and section 439 of the Maori Land Act 1909 the restrictions remained in force, and the interest was inalienable by the will of the deceased.

Maori Appellate Court, New Plymouth, August 25th 1916.

Chief Judge Jackson Palmer, Judge Rawson.

Wanganui A.C.M.B. 10, folio 196.

Re Hone Hiko Paopaokirangi, deceased.

West Coast Settlement Reserves - Devisability by will - Land partitioned under Section 15 of the West Coast Settlement Reserves Amendment Act 1913 - Ten years lease granted in terms of 1913 Act not yet expired - Partition orders do not take effect until expiry of lease - Interest of owner remains an equitable interest until expiry of lease and is subject to the restrictions on alienation contained in the Crown Grant as preserved by the West Coast Settlement Reserves Act, 1892.
Held, the interest was inalienable by the will of the testator.

Maori Appellate Court, Wanganui, March 15th 1923.

Chief Judge Jones, Judge MacCormick.

Wanganui A.C.M.B. 10, folio 417.

Re Amiria Horomona, deceased.

West Coast Settlement Reserves - Succession - Claim that succession should not bedetermined according to Maori custom, as the lands were the subject of awards by West Coast Commissioners ‑

Held, that succession must be determined according to Maori Custom.

Maori Appellate Court, Wanganui, 1919.

Chief Judge Jackson Palmer, Judge Rawson.

Wanganui A.C.M.B. 10, folio 290.

Re West Coast Settlement Reserves.

Whangara Block - Enquiry by Court under special legislation into claims by Petitioners to Parliament seeking re-opening of investigation of title.

Report by the Maori Land Court upon enquiry 1950.

Re Whangara Block.

Widow - Claim under Family Maintenance provisions - section 178 Maori land Act, 1909. Deceased legally married to A. who was living at his death - Deceased separated from A. and living with another woman B. under circumstances which it was contended constituted a marriage according to Maori custom - Claim that for purposes of section 178 B. was the widow of the deceased to the exclusion of A.
Held that the intention of subsec. (5) of section 177 is merely to extend the benefits of sections 177 and 178 to any Maori woman within the definition given by the sub-section; and not to exclude a widow under a lawful marriage; and that A was the deceased's widow.

Maori Appellate Court, Hastings, March 5th 1937.

Chief Judge Jones, Judge MacCormick.

Wellington A.C.M.B. 7, folio 231.

Re Tu Turetahi Brightwell, deceased.

Will – construction - "Marry" Devise to husband with proviso that if he should marry again the devise should become null and void.
Held, that the proviso could apply only to a legal marriage; that the canons of construction applicable to the will or a Maori are the same as those applicable to the will of a European.

Maori Appellate Court, August 16th 1929.

South Island and Wellington A.C.M.B. 6, folio 60.

Re Meri Pori, deceased.

Will - Double Portions - Rule against double portions is not applicable to a devise of land.

Maori. Appellate Court, Wellington, May 14th 1956.

Chief Judge Morison, Judge O'Malley.

Wellington A.C.M.B. 8, folio 188.

Re Rebecca Love, deceased.