November 2008 Contents

Editorial

Māori Land Court and Appellate Court

Gifts of shares in Māori land – right to land validated by whakapapa - Sade v Mahanga - Taiharuru 2A1 (2008) 7 Taitokerau Appellate MB 47

Ririnui: partition, alienation of land by gift

Other courts and tribunals

Environment Court
- Kaupokonui: appeal against consent for quarry
- Waiareka Valley Preservation Soc: obligation to consult tangata whenua

Supreme Court
- Forests 2 Case: appeals withdrawn

Print version

Download Maori Law Review November 2008 (245 KB PDF)


Gifts of shares in Māori land – right to land validated by whakapapa – Sade v Mahanga

Sade v Mahanga - Taiharuru 2A1

Māori Appellate Court (2008) 7 Taitokerau Appellate MB 47 (7 APWH 47)

12 November 2008

Appeal against a decision of the Māori Land Court allowing a gift of shares dismissed. Gift of shares in Māori land to a member of the preferred class of alienees allowed - the recipient was whanaunga of the alienating owner who is associated with the land in accordance with tikanga Māori.

Download Sade v Mahanga - Taiharuru 2A1 here (290 KB PDF). read more

October 2008 Contents

EDITORIAL

NEGOTIATIONS & SETTLEMENTS
Ngāti Apa (North Island) Deed of Settlement

MĀORI LAND COURT & APPELLATE COURT
Pastoral lease disagreement
Māori Trustee—breach of trust
Partition and review of status declaration

OTHER COURTS
High Court - Motueka River as resource or taonga

PARLIAMENT
Legislation & Regulations - Māori Trustee and Māori Development - Amendment Bill - Select Committee Report

Download Maori Law Review October 2008 (321 KB PDF)


September 2008 Contents

EDITORIAL

NEGOTIATIONS AND SETTLEMENTS

MĀORI LAND COURT
Determination of ownership of shares
Removal of trustee
Parihaka X—removal of trustee

OTHER COURTS & TRIBUNALS
Environment Court - Right to karakia and mihi at conference 5
High Court - Matauri X—development of land
Court of Appeal - Whāngai child in recovered will

PARLIAMENT
Legislation & Regulations - Walking Access Bill—2nd reading

DownloadMaori Law Review September 2008 (396 KB PDF)


August 2008 Contents

EDITORIAL SUMMARY

WAITANGI TRIBUNAL
Application for urgency declined

MĀORI LAND COURT
Misappropriation of trust funds

NEGOTIATIONS & SETTLEMENTS
Ngāi Tūhoe terms of agreement
Taranaki Whānui ki te Ūpoko deed of settlement
Tūranganui ā Kiwa AIP
Waikato River deed of settlement

PARLIAMENT
Official Reports - Ministry of Social Development Social Report
Legislation & Regulations
- Affiliate Te Arawa iwi claims settlement bill
- Policing Bill - inclusion of Treaty clauses

Download Maori Law Review August 2008 (1,365 KB PDF)


July 2008 Contents

EDITORIAL SUMMARY

WAITANGI TRIBUNAL
Appointment of new members

NEGOTIATIONS & SETTLEMENTS
Ātihau-Whanganui Incorporation settlement

MĀORI LAND COURT
Variation of trust
Replacement of trustees
Terms of loan to buy adjoining land

OTHER COURTS & TRIBUNALS
High Court - Return of surplus public works land

Download Maori Law Review July 2008 (284 KB PDF)


June 2008 Contents

Editorial

Māori Land Court

Alienation and status of land – change to General land will rationalise commercial operations - The Proprietors of Potikirua Incorporation - Part Te Piki 2 (2008) 103 Ōpōtiki MB 17

Other courts

High Court - Maori land and indefeasibility exceptions

Parliament

Debates
- Affiliate Te Arawa Iwi and Hapu Claims Settlement Bill
- Central North Island Forests Land Collective Settlement Bill
- Treaty of Waitangi (Removal of Conflict of Interest) Amendment Bill
Question Time
- Treaty Settlements - Ratchet Clauses
- Settlement Bill - Airspace Protection

Print version

Download Maori Law Review June 2008 (263 KB PDF)


Alienation and status of land – change to General land will rationalise commercial operations – The Proprietors of Potikirua Incorporation

The Proprietors of Potikirua Incorporation - Part Te Piki 2

Māori Land Court (2008) 103 Ōpōtiki MB 17 (103 OPO 17)

19 June 2008

Application for confirmation of alienation abandoned due to Incorporation's inability to satisfy the requirements of consultation and support. Application amended to seek change of status from Māori freehold land to General land. Court determined that this would rationalise the commercial operations on the land and lead to better management and utilisation of the land.

Download The Proprietors of Potikirua Incorporation - Part Te Piki 2 here (2.3 MB PDF). read more

May 2008 Contents

Acknowledgements

Editorial

Parliament

Mauao Historic Reserves Revesting Bill and Act

Budget 2008

Māori Land Court

Alienation – sale to Council for public works only appropriate where sale is the only option – Searancke - Lot 2 and 4 of Proposed Subdivision of GS 5D/318 and Lot 1 of Proposed Subdivision of GS 5D/318 (2008) 179 Gisborne MB 61

Books and publications

Websites of interest

Print version

Download Maori Law Review May 2008 (266 KB PDF)


Alienation – sale to Council for public works only appropriate where sale is the only option – Searancke

Searancke - Lot 2 and 4 of Proposed Subdivision of GS 5D/318 and Lot 1 of Proposed Subdivision of GS 5D/318

Māori Land Court (2008) 179 Gisborne MB 61 (179 GIS 61)

8 May 2008

Application seeking confirmation of sale of land to the Gisborne District Council adjourned for 6 months to allow all trustees to negotiate with the Council and explore the possibility of a long term lease. The trustee's power to sell land for public works should only be exercised where the situation is so compelling that sale is necessary rather than desirable or where sale is the only option.

Download Searancke - Lot 2 and 4 of Proposed Subdivision of GS 5D/318 and Lot 1 of Proposed Subdivision of GS 5D/318 here (2269 KB PDF). read more

April 2008 Contents

WAITANGI TRIBUNAL
CNI Report Part V

NEGOTIATIONS & SETTLEMENTS
Ngati Porou mandate recognized

MAORI LAND COURT & APPELLATE COURT
Maori Land Court - Whangai Succession
Maori Appellate Court - Enforcement of trust obligations

OTHER COURTS & TRIBUNALS
Environment Court - Resource consents - consultation

PARLIAMENT
Question time - Maori Trustee funds transfer
Maori Purposes Bill No.2 - second reading

DownloadMaori Law Review April 2008 (364 KB PDF)


March 2008 Contents

EDITORIAL

MAORI APPELLATE COURT

Alienation – right of first refusal must not be unjustifiably restricted - Taueki - Horowhenua XIB 41 North A3A and 3B1 (2008) 16 Aotea Appellate MB 30

WAITANGI TRIBUNAL
CNI Report part IV

NEGOTIATIONS & SETTLEMENTS
Terms of negotiation, Ngāti Mākino & Waitaha

OTHER COURTS
Environment Court
- Regional Plan change—Māori values
- Resource conesent—Māori values
High Court
- Courts jurisdiction over tangata whenua

PRINT VERSION

Download Maori Law Review March 2008 (342 KB PDF)


Alienation – right of first refusal must not be unjustifiably restricted – Taueki

Taueki - Horowhenua XIB 41 North A3A and 3B1

Māori Appellate Court (2008) 16 Aotea Appellate MB 30 (16 WGAP 30)

17 March 2008

Unsuccessful appeal by Vivienne Taueki against orders of the Māori Land Court confirming the sale of Māori freehold land. Confirmation orders nevertheless revoked due to a lack of jurisdiction by the lower Court to make such orders given procedural inadequacies of the sale process by the vendors. Preferred class of alienees must be given a practical and reasonable amount of time to exercise their right of first refusal.

Download Taueki - Horowhenua XIB 41 North A3A and 3B1 here (10.9 MB PDF). read more

February 2008 Contents

EDITORIAL

MĀORI LAND COURT & APPELLATE COURT
Change of status - rates - sale to neighbours

OTHER COURTS & TRIBUNALS
High Court — Fisheries — security for costs — impecuniosity

PARLIAMENT
Prime Minister’s speech from the throne

NEGOTIATIONS
Ngāti Porou foreshore & seabed agreement
Kaingaroa forest CNI terms of agreement

RECENT PUBLICATIONS
Websites and books of interest

Download Maori Law Review February 2008 (368 KB PDF)


December-January 2008 Contents

WAITANGI TRIBUNAL
Small scale discreet remedies
CNI Report, Part III

MĀORI LAND COURT & APPELLATE COURT
Appointment of new judges

OTHER COURTS
High Court
- Public interest in fisheries case
- Encroachments onto Māori freehold land
- Only beneficial owners to vote

PARLIAMENT
Taranaki Whanui (Wellington) AIP
Question time
- Treaty settlements progress
- Te reo Māori in school curriculum
Debates
- Waka umanga bill - 1st reading
- Treaty principles bill - 2nd reading

Download December 2007 - January 2008 Māori Law Review (8,641 KB PDF)