October 03, 2024

Tūhoe trust brought under Māori Land Court supervision

Adam Gifford Posted On October 3, 2024

The Supreme Court has reinstated orders from the Māori Land Court that Tuhoe’s post-settlement entity, Te Uru Taumatua Trust, must rerun the elections for two of its trustees, including for the seat held by its chair, Tamati Kruger.

The case brought by the late Paki Nikora, also confirmed that in some circumstances the Māori Land Court has jurisdiction over post-settlement governance entities.

Mr Nikora won in both the Māori Land Court and Māori Appellate Court by citing a precedent that the court had supervisory jurisdiction over PSGEs that hold “general land owned by Māori” in trust on behalf of the beneficiaries of that entity.

The Court of Appeal took a more narrow view that a strictly English property law approach should be taken to general land held by such trusts on behalf of iwi or hapū.

But the Supreme Court says the Māori Land Court is better placed to rule on such matters and its judges must have knowledge and experience of te reo Māori, tikanga Māori, and the Treaty, whereas High Court judges are much less likely, in fact, to be experienced or experts in these matters.

Any untidiness or unintended consequences of the judgement is best remedied through statutory reform.

The court ordered Te Uru Taumatua to pay the appellants’ costs.

The judgement can be read here: <https://www.courtsofnz.govt.nz/assets/cases/2024/2024-NZSC-130.pdf>