November 2003 Contents

Māori Land Court

Alienation – confirmation of lease refused where consideration inadequate and application filed out of time - Carroll - Waipuka 2R3 (2003) 174 Napier MB 71

Other courts and tribunals

Court of Appeal - Māori culture, foster parents & duties of government departments
High Court - fisheries settlement, interim declarations
High Court - fisheries settlement, Ngāi Tahu challenge
High Court - fisheries settlement, lease round inequities & juridical bay formula
High Court - fisheries settlement, urban Māori challenge

Print version

Download Maori Law Review November 2003 (113 KB PDF)


Alienation – confirmation of lease refused where consideration inadequate and application filed out of time – Carroll

Carroll - Waipuka 2R3

Māori Land Court (2003) 174 Napier MB 71 (174 NA 71)

11 November 2003

Application for confirmation of lease refused. Applicants had filed the application nearly two years out of time. Consideration under the lease was inadequate so the Court was not required to grant confirmation pursuant to s 152 of Te Ture Whenua Māori Act 1993.

Download Carroll - Waipuka 2R3 here (1.42 MB PDF). read more

October 2003 Contents

WAITANGI TRIBUNAL
Wellington Report – Part II
Waiheke Island

 

Download Maori Law Review October 2003 (98 KB PDF)


September 2003 Contents

WAITANGI TRIBUNAL
Wellington report – part 1 (to be continued in Maori LR October 2003)

 

Download Maori Law Review September 2003 (114 KB PDF)


August 2003 Contents

OTHER COURTS AND TRIBUNALS
Court of Appeal – Urewera rating
High Court - Tïitïi (Muttonbird) Islands
High Court – customary jurisdiction defence
High Court – Mäori drivers licence
High Court – Mäori incorporation leasing powers

PARLIAMENT
Waitangi Tribunal, broadcasting, fisheries
Ngäti Ruanui Claims Settlement Act 2003

Download Maori Law Review August 2003 (104 KB PDF)


July 2003 Contents

OTHER COURTS AND TRIBUNALS
Court of Appeal – Ngäti Awa settlement
Environment Court – disputed waahi tapu – evidential considerations

OTHER
Australian Law Reform Commission – genetic identity for indigenous people

 

Download Maori Law Review July 2003 (112 KB PDF)


June 2003 Contents

Māori Land Court

Alienation – assignment of lease prior to 2002 merely requires application for noting - Dyer - Tautara 5B3 (2003) 273 Rotorua MB 219

Waitangi Tribunal

Petroleum Report

Print version

Download Maori Law Review June 2003 (116 KB PDF)


Alienation – assignment of lease prior to 2002 merely requires application for noting – Dyer

Dyer - Tautara 5B3

Māori Land Court (2003) 273 Rotorua MB 219 (273 ROT 219)

16 June 2003

Assignment of lease dated prior to 1 July 2002 merely requires application for noting. Amendments to Te Ture Whenua Māori Act 1993 which came into force on 1 July 2002 require that assignments of leases must be confirmed by the Court.

Download Dyer - Tautara 5B3 here (199 KB PDF). read more

May 2003 Contents

COMMENT
The foreshore and seabed decision

OTHER COURTS AND TRIBUNALS
Court of Appeal – foreshore and seabed decision

WAITANGI TRIBUNAL
Memorandum re Supreme Court claim

Download Maori Law Review May 2003 (125 KB PDF)


April 2003 Contents

FROM THE PAST

OTHER COURTS AND TRIBUNALS
High Court – Mäori reserved lands – lessee compensation
High Court – Bay of Plenty cross claims – Ngäti Awa settlement
Environment Court – weedkiller consent – ancestral lake & waters
Environment Court – subdivision consent – ancestral land

PARLIAMENT
Local Government Act 2002
Treaty of Waitangi Amendment Act 2003
Broadcasting Amendment Act 2003
Mäori Land Amendment and Mäori Land Claims Adjustment Amendment Act 2003

Download Maori Law Review April 2003 (123 KB PDF)


March 2003 Contents

MÄORI LAND COURT & APPELLATE COURT
Trespass to land, exemplary damages, interest, under Te Ture Whenua Maori 1993

WAITANGI TRIBUNAL
Marine farming report

Download Maori Law Review March 2003 (100 KB PDF)


February 2003 Contents

Custom law and common law

Judicial approaches to custom in the South Pacific

Privy Council – 1958 decision re evidence of custom

Māori Appellate Court

Status of land - change to General land not more effective - Phillips - Oromahoe 17B1 and 17B2 (2003) 6 Whangarei Appellate MB 84

Trustee meeting fees & company directorship fees

Other courts and tribunals

High Court – trespass on iwi administration office, jurisdiction of the court

Employment Court – dismissal of Mäori worker, protocol required

Parliament

Supreme Court Bill – debate

Print version

Download Maori Law Review February 2003 (130 KB PDF)


Status of land – change to General land not more effective – Phillips

Phillips - Oromahoe 17B1 and 17B2
Māori Appellate Court (2003) 6 Whangarei Appellate MB 84 (6 APWH 84)

18 February 2003

Successful appeal against a Māori Land Court decision granting orders to change the status of land from Māori freehold land to General land. The change of status would not lead to more effective management and utilisation of the land. It was not enough that a change in status would put an end to arguments between whānau members.

Download Phillips - Oromahoe 17B1 and 17B2 (2003) 6 Whangarei Appellate MB 84 (6 APWH 84) here (322 KB PDF). read more

December-January 2003 Contents

MÄORI LAND COURT & APPELLATE COURT
Mäori reservations – responsibilities of trustees

OTHER COURTS AND TRIBUNALS
Court of Appeal – legal aid for individual Mäori, status of iwi
Court of Appeal – change of status of Mäori land, solicitor misleading the Mäori Land Court
High Court – Ngati Maru, evidence required to establish the existence of waahi tapu
High Court – Ngati Maru, further appeal re waahi tapu
High Court – land registration error, erroneous claims

PARLIAMENT
Supreme Court Bill
Treaty of Waitangi (Final Settlement of Claims Bill)

Download Maori Law Review December-January 2003 (127 KB PDF)