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)
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
WAITANGI TRIBUNAL
Wellington Report – Part II
Waiheke Island
Download Maori Law Review October 2003 (98 KB PDF)
WAITANGI TRIBUNAL
Wellington report – part 1 (to be continued in Maori LR October 2003)
Download Maori Law Review September 2003 (114 KB PDF)
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)
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)
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)
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
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)
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)
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)
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)
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
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)
