WINITANA v ATTORNEY-GENERAL [2019] NZHC 381

WINITANA v ATTORNEY-GENERAL [2019] NZHC 381

Section 77 of the Te Ture Whenua Maori Act 1993 bars the declaratory relief sought because prior Maori Land Court orders (2000 and subsequent MLC decisions) conclusively vested Lake Waikaremoana in the two Maori Trust Boards in fee simple and established that rental income constitutes assets of those Boards; on the merits no statutory or constructive trust or exclusive fiduciary duty in favour of descendants was made out and the Lake retains Maori freehold status.

Citation
[2019] NZHC 381
Parties
Applicant: Vernon Winitana; First Respondent: Attorney-General; Second Respondent: Wairoa-Waikaremoana Māori Trust Board; Third Respondent: Tūhoe Te Uru Taumatua; Fourth Respondent: Genesis Energy Ltd; Fifth Respondent: Tūhoe Charitable Trust
Court
High Court
Jurisdiction
New Zealand
Judgment Date
8 March 2019
Procedural Posture
Declaratory Judgment (maori Land / Trusts) / High Court Judgment (wellington, 8 March 2019)
Outcome
Application dismissed; declarations denied
Legal Topics
Constructive Trust, Fiduciary Duty, Status of Maori Land, Statutory Interpretation, Finality / Res Judicata (s 77 Te Ture Whenua Maori Act 1993), Vesting of Land Under Statute
Trusts Property Law Maori Land Law Equity Public Law Treaty of Waitangi Law Constructive Trust Fiduciary Duty +4 more

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Parties

Vernon Winitana

Applicant

Attorney-General

First Respondent

Wairoa-Waikaremoana Māori Trust Board

Second Respondent

Tūhoe Te Uru Taumatua

Third Respondent

Genesis Energy Ltd

Fourth Respondent

Tūhoe Charitable Trust

Fifth Respondent

Procedural Posture

Declaratory Judgment (maori Land / Trusts) / High Court Judgment (wellington, 8 March 2019)

Legal Issues

  1. 1 Whether continuing fiduciary relationships exist between former lake owners and the Crown and/or the Trust Boards
  2. 2 Whether rental and easement income is held on constructive or statutory trust for descendants of 1971 named owners
  3. 3 Whether s 77 Te Ture Whenua Maori Act 1993 (finality) bars the declarations sought (res judicata)

Ratio Decidendi

Section 77 of the Te Ture Whenua Maori Act 1993 bars the declaratory relief sought because prior Maori Land Court orders (2000 and subsequent MLC decisions) conclusively vested Lake Waikaremoana in the two Maori Trust Boards in fee simple and established that rental income constitutes assets of those Boards; on the merits no statutory or constructive trust or exclusive fiduciary duty in favour of descendants was made out and the Lake retains Maori freehold status.

Court Disposition

Application dismissed; declarations denied

Orders

  • Te Urewera Report admitted into evidence (de bene esse admitted then formally admitted)
  • Declarations sought by applicant are refused