Central to the Maori Land Court case was a dilapidated house, recently demolished. Deeper undercurrents were about customary rights to ownership of land at Matangirua in Northland, near Whangaroa Harbour.
Judge Isaac ruled current owners were entitled to demolish the house. He declined an application that the house be rebuilt, as demanded by a descendant of Nau Tupe who built the house three generations ago.
One of the current recorded joint owners, Tupe’s grandson Thomas Tua, told the court the now demolished house was unliveable and a risk to children playing in and around it. No one had lived on site for years.
The house was demolished in March 2025, with foundations erased.
One month later, Tupe’s great-grandson Tamiti Wiremu Tupe asked the Maori Land Court to order reinstatement of the foundations and flooring together with reconnection of electric cabling to the site. He alleges demolition was a pre-emptive strike by Thomas Tupe to thwart proposed repairs.
Tamati Tupe told the court he is an engineer, with construction experience. Removal of foundations means resource consent is now needed for any rebuild.
There was evidence of Tamati occasionally living on site, prior to demolition.
The court was told Tamati Tupe and Thomas Tua are nephews. Tamati Tupe told the Maori Land Court there had been an error in not recording his customary rights of inheritance, and with it, joint ownership of the disputed property.
Judge Isaac said it is too late to correct the record of ownership.
Rights of the current recorded owners stem from a 1990 Maori Land Court ownership ruling.
Such orders are conclusive as to ownership, provided there is no challenge within ten years, Judge Isaac said.
Tupe v. Tua – Maori Land Court (17.03.26)
26.107