| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA214/2013 [2013] NZCA 606 |
| BETWEEN | MERE JOSLYN WHAANGA |
| AND | CASSINO EGYPT SMITH, JEFFERSON POWDRELL, RAYMOND DAVID GREENING-CROMBIE, RUKANIANIA, TOM TE KAHU, TUMANAKO WALTER WILSON AND WHETI MANUEL AS TRUSTEES OF THE ANEWA TRUST |
| Court: | Wild, White and Miller JJ |
Counsel: | T H Bennion for Applicant |
Judgment: (On the papers) | 3 December 2013 at 2.30 pm |
JUDGMENT OF THE COURT
AThe application for an extension of time to appeal is granted.
BThe applicant is to bring her appeal by the close of Friday 20 December 2013.
____________________________________________________________________
REASONS OF THE COURT
(Given by Wild J)
This is an application for an extension of time to appeal. It is governed by r 29A of the Court of Appeal (Civil) Rules 2005. Ms Whaanga seeks to appeal against a judgment of the Māori Appellate Court delivered on 12 February 2013.[1]
[1]Whaanga v Smith (2013) Māori Appellate Court MB 45 (2012 APPEAL 6) [MAC decision].
In the judgment sought to be appealed the Māori Appellate Court dismissed an appeal from a judgment of the Māori Land Court given on 5 June 2012.[2] The latter judgment declined an application by Ms Whaanga and her late sister, under s 287(1) of the Te Ture Whenua Maori Act 1993. Their application sought an order for partition of 121.4 hectares (300 acres) called the “Rata farm” from the Anewa block into which it had been amalgamated by order of the Māori Land Court on 24 October 1967. The Rata farm was owned by Ms Whaanga’s father, the late Te Hore Epanaia Whaanga. He consented to its amalgamation into the Anewa block. Ms Whaanga’s great grandfather, Puhara Timo, had been the principal owner of the block of land (Tutuotekaha 1B5) out of which the Rata farm was partitioned.[3] So Ms Whaanga’s whanau interest in Rata farm can be traced through Native Land Court records back to the 1860s.
[2]Whaanga (2012) 22 Tairāwhiti MB 167.
[3]This somewhat simplifies the complex historical position.
The respondents are the trustees of the Anewa Trust which controls the Anewa block. The block comprises 1911.4 hectares (4,721 acres), about 53 per cent of which is farmed by the Trust. Rata farm (despite its name) is mainly in bush and scrub, not part of the land farmed by the Trust, and is situated roughly in the middle part of the block.
Ms Whaanga’s partition application was originally dismissed by the Māori Land Court in a decision given on 14 December 2010.[4] Ms Whaanga appealed successfully to the Māori Appellate Court. In a judgment it delivered on 19 August 2011 that Court revoked the Māori Land Court’s dismissal of Ms Whaanga’s partition application and directed the Māori Land Court to rehear that application.[5] Judge Coxhead gave both decisions of the Māori Land Court. However, the two decisions of the Māori Appellate Court were given by entirely differently constituted courts.
[4]Whaanga 11 Tairawhiti MB 46 (11 MB 46).
[5]Whaanga v…
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- Whaanga v Smith [2013] NZCA 606
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