In the recent High Court decision of Ngāti Whātua Ōrākei Trust v Attorney-General [2022] NZHC 843,
there was considerable discussion of tikanga Māori in the context of who exercised mana whenua
where the following were found;
- Tikanga Māori is a source of broadly shared core values (tāhuhu) that may inform the
development of the law and in some contexts is law
SECTION APPLICANT SUBJECT
SP1 2:00 PM AP-20250000015074 239/93 Donna Walsh He whakarerekētanga ki ngā tarahitī mō
Porangahau 2B10 Māori Reservation
(Rongomaraeroa Marae)
Replace Shane Tutaki, Maria Rāhui and Araraina
Te Atua-Tipene with Orlando MacDonald, Erana
Edwards, Ahuriri Houkamau, Raewyn Pere and
Chanel Morrison as responsible trustees of the
Porangahau 2B10 Māori Reservation
(Rongomaraeroa Marae)
Where that land is vested in a trust or an incorporation,
such an order will only be made with the consent of the trust
or management committee, and may be made for a specified
period.
You will also need to provide:
a copy of their death certificate or other evidence of death
an original or certified copy of the will
written confirmation from any spouse or partner who wishes to surrender a lifetime right (if applicable)
consents agreeing to include succession by whāngai (if applicable)
a completed WhānauTrust application, draft trust order, written consent from trustees, and minutes from the hui agreeing to constitute a WhānauTrust (if...
Having a sound title registration system does
not reduce the fragmentation of interests, and removing successors’ direct access to
the Court will arguably add a major barrier to the key mechanism in the Act that
reduces fragmentation of interests – the whānautrust. Thus, the report’s
recommendations may well exacerbate fragmentation of interests.
SECTION APPLICANT SUBJECT
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Michelle
Pomare
He whakatū i te Naera James and
Stella May Pomare WhanauTrust
me te kopou i ngā tarahitī me te
tuku i ngā pānga whenua ki a
rātou
Constitute the Naera James and
Stella May Pomare WhanauTrust
over the interests of Reginald James
Pomare, Samuel Piri Pomare,
Lynette Florence Rangitaawa, Clive
Anthony Pomare and Michell...
Any lessees of the block will have to be consulted with regard to the proposal as it may affect their use of the block. Similarly, any mortgagees will also have an interest in the proposal as it may affect their security over the block.
SECTION APPLICANT SUBJECT
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Margaret Thomas-
Amani
He tauatanga ki a Hori Wanoa me
te whakatū i te Thomas-Wanoa
WhānauTrust me te kopou i ngā
tarahitī
Succeed to the Māori land interests
of Hori Wanoa, constitute the
Thomas-Wanoa WhānauTrust over
the interests of Lionel Thomas, Lillian
Thomas, Agnes Thomas, Margaret
Thomas-Amani, Josephine Mead,
Eriha Thomas, Joseph Knop...