February 2012 Contents

Māori Land Court

Partition - order granted where application filed because of bank policy - Te Puni - Ngawhakatutu A11A1 (2012) 20 Tairawhiti MB 232

Status of land - Māori Incorporation land deemed Māori freehold land - Marumaru v Waipakuranui Incorporation (2012) 279 Aotea MB 137

Trusts - appointment of trustees – debtor to the Trust cannot be trustee – Phillips v Gemmell - Mohaka A4 Trust (2012) 13 Tākitimu MB 264

Waitangi Tribunal

Ko Aotearoa Tēnei (A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity) (Wai 262, 2011)

Ko Aotearoa Tēnei – background to the report on the Wai 262 claim

Ko Aotearoa Tēnei - perfecting the Treaty partnership

Ko Aotearoa Tēnei – taonga and intellectual property

Ko Aotearoa Tēnei - genetic and biological resources in taonga species

Ko Aotearoa Tēnei – Māori communities and resource management law and environmental policy

Ko Aotearoa Tēnei – taonga and the Conservation Estate

Ko Aotearoa Tēnei – Te Reo Māori

Ko Aotearoa Tēnei - Mātauranga Māori

Ko Aotearoa Tēnei – rongoā Māori

Ko Aotearoa Tēnei – international agreements

Print version

Download Māori Law Review February 2012 (490 KB PDF)


Partition – order granted where application filed because of bank policy – Te Puni

Te Puni - Ngawhakatutu A11A1

Māori Land Court (2012) 20 Tairawhiti MB 232 (20 TRW 232)

28 February 2012

Application for partition order. Mr Te Puni applied for a partition order as Westpac was unwilling to approve his application for loan finance unless his interest in the land was partitioned. The Court granted the partition order, noting the Bank's policy reflected a misunderstanding of Te Ture Whenua Māori Act 1993.

Download Te Puni - Ngawhakatutu A11A1 (217 KB PDF) here. read more

Status of land – Māori Incorporation land deemed Māori freehold land – Marumaru v Waipakuranui Incorporation

Marumaru v Waipakuranui Incorporation

Māori Land Court (2012) 279 Aotea MB 137 (279 AOT 137)

17 February 2012

Determination that all land vested in a Māori Incorporation is deemed to be Māori freehold land unless a contrary determination or order is made. Te Ture Whenua Māori Act 1993 imposes no obligations on Incorporations to make such determinations within a set timeframe.

Download Marumaru v Waipakuranui Incorporation (2012) 279 Aotea MB 137 (294 KB PDF) here. read more

Ko Aotearoa Tēnei – perfecting the Treaty partnership

Ko Aotearoa Tēnei (A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity)

Waitangi Tribunal (2011 Wai 262)

Overview

Ko Aotearoa Tēnei - This is New Zealand/Aotearoa is the long awaited report of the Waitangi Tribunal on a number of claims about law and policy affecting Māori culture and identity.

Māori Law Review co-editor Carwyn Jones has written a series of posts examining the major sections of this substantial Tribunal report.  In the second post in this series, Carwyn sets out the Tribunal's view on a Treaty partnership based on two founding cultures. read more

Ko Aotearoa Tēnei – background to the report on the Wai 262 claim

Ko Aotearoa Tēnei (A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity)

Waitangi Tribunal (Wai 262, 2011)

Overview

Ko Aotearoa Tēnei - This is New Zealand/Aotearoa is the long awaited report of the Waitangi Tribunal on a number of claims about law and policy affecting Māori culture and identity. The Tribunal has painted New Zealand as poised at crossroads in race relations and the nation's sense of identity. The Tribunal's prescription, based on the principles of the Treaty of Waitangi, is to perfect a Treaty based partnership so that Māori interests are better understood and provided for.

Māori Law Review co-editor Carwyn Jones has written a series of posts examining the major sections of this substantial Tribunal report.  In this first post, Carwyn explains some background to the Tribunal's report. read more

Ko Aotearoa Tēnei – taonga and intellectual property

Ko Aotearoa Tēnei (A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity)

Waitangi Tribunal (2011 Wai 262)

Overview

Māori Law Review co-editor Carwyn Jones has written a series of posts examining the major sections of this Tribunal report on a number of claims about law and policy affecting Māori culture and identity.  In the third post in this series, Carwyn sets out the Tribunal's view on the need for a Commission to be established to adjudicate on issues surrounding the use of Māori art forms and the matauranga (knowledge) underpinning that expression. read more

Ko Aotearoa Tēnei – genetic and biological resources in taonga species

Ko Aotearoa Tēnei (A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity)

Waitangi Tribunal (2011 Wai 262)

Overview

Ko Aotearoa Tēnei - This is New Zealand/Aotearoa is the long awaited report of the Waitangi Tribunal on a number of claims about law and policy affecting Māori culture and identity.

Māori Law Review co-editor Carwyn Jones has written a series of posts examining the major sections of this substantial Tribunal report.  In the fourth post in this series, Carwyn sets out the Tribunal's views on genetic and biological resources in taonga species. read more

Ko Aotearoa Tēnei – Māori communities and resource management law and environmental policy

Ko Aotearoa Tēnei (A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity)

Waitangi Tribunal (2011 Wai 262)

Overview

Ko Aotearoa Tēnei - This is New Zealand/Aotearoa is the long awaited report of the Waitangi Tribunal on a number of claims about law and policy affecting Māori culture and identity.

Māori Law Review co-editor Carwyn Jones has written a series of posts examining the major sections of this substantial Tribunal report.  In the fifth post in this series, Carwyn sets out the Tribunal's views on resource management law and environmental policy. read more

Ko Aotearoa Tēnei –Taonga and the Conservation Estate

Ko Aotearoa Tēnei (A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity)

Waitangi Tribunal (2011 Wai 262)

Overview

Ko Aotearoa Tēnei - This is New Zealand/Aotearoa is the long awaited report of the Waitangi Tribunal on a number of claims about law and policy affecting Māori culture and identity.

Māori Law Review co-editor Carwyn Jones has written a series of posts examining the major sections of this substantial Tribunal report.  In the sixth post in this series, Carwyn sets out the Tribunal's views on the conservation estate and taonga. read more

Ko Aotearoa Tēnei – Te Reo Māori

Ko Aotearoa Tēnei (A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity)

Waitangi Tribunal (2011 Wai 262)

Overview

Ko Aotearoa Tēnei - This is New Zealand/Aotearoa is the long awaited report of the Waitangi Tribunal on a number of claims about law and policy affecting Māori culture and identity.

Māori Law Review co-editor Carwyn Jones has written a series of posts examining the major sections of this substantial Tribunal report.  In the seventh post in this series, Carwyn sets out the Tribunal's views on the Māori language - te reo Māori. read more

Ko Aotearoa Tēnei – Mātauranga Māori

Ko Aotearoa Tēnei (A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity)

Waitangi Tribunal (2011 Wai 262)

Overview

Ko Aotearoa Tēnei - This is New Zealand/Aotearoa is the long awaited report of the Waitangi Tribunal on a number of claims about law and policy affecting Māori culture and identity.

Māori Law Review co-editor Carwyn Jones has written a series of posts examining the major sections of this substantial Tribunal report.  In the eighth post in this series, Carwyn sets out the Tribunal's views on Mātauranga Māori - Māori knowledge. read more

Ko Aotearoa Tēnei – rongoā Māori

Ko Aotearoa Tēnei (A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity)

Waitangi Tribunal (2011 Wai 262)

Overview

Ko Aotearoa Tēnei - This is New Zealand/Aotearoa is the long awaited report of the Waitangi Tribunal on a number of claims about law and policy affecting Māori culture and identity.

Māori Law Review co-editor Carwyn Jones has written a series of posts examining the major sections of this substantial Tribunal report.  In the ninth post in this series, Carwyn sets out the Tribunal's views on rongoā Māori - traditional Māori medicine and healing. read more

Ko Aotearoa Tēnei – international agreements

Ko Aotearoa Tēnei (A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity)

Waitangi Tribunal (2011 Wai 262)

Overview

Ko Aotearoa Tēnei - This is New Zealand/Aotearoa is the long awaited report of the Waitangi Tribunal on a number of claims about law and policy affecting Māori culture and identity.

Māori Law Review co-editor Carwyn Jones has written a series of posts examining the major sections of this substantial Tribunal report.  In this tenth and final post, Carwyn sets out the Tribunal's views on concerns raised by the claimants about international agreements. read more

Appointment of trustees – debtor to the Trust cannot be trustee – Phillips v Gemmell

Phillips v Gemmell - Mohaka A4 Trust

Māori Land Court (2012) 13 Tākitimu MB 264 (13 TKT 264)

8 February 2012

Four persons appointed as advisory trustees. Application to appoint Ms Phillips as an advisory trustee was declined on the basis that this was inappropriate given that she was a debtor to the trust.

Download Phillips v Gemmell - Mohaka A4 Trust here (146 KB PDF). read more