Editorial
Carwyn Jones - Re-launching the waka (2)
Māori Appellate Court
Trusts - termination of whenua tōpū trust - appeal dismissed - Karena v Pita - Whangaruru Whakaturia 1D9A & 1D10A [2012] 2012 Maori Appellate Court MB 451
Trusts - variation - ownership entitlements - Jaggard v Carver - Waikawa Village Section 2B 3B Lot 4 and Lot 5 DP 3660 [2012] 2012 Māori Appellate Court 525
Māori Land Court
Chief Judge’s powers - not a rehearing or appeal jurisdiction – Ruka - Taheke 23A [2012] Chief Judge's MB 416
Chief Judge’s powers – transfer order based on outdated valuation cancelled – Welsh - Taiharuru 4C3 [2012] Chief Judge's MB 398
Review of trust and defective lease - Te Paa, Ahipara A33 (2012) 47 TTK 3
Waitangi Tribunal
Māori rights over water – The Interim Report on the National Freshwater and Geothermal Resources Claim (Wai 2358, 2012)
Legislation
Treaty of Waitangi settlement legislation - extended sitting hours and cognate bills
Te reo Māori - Māori language
The Legal Māori Dictionary – treading a careful path…
Māori Law Review news
On 3 October 2012 Victoria University of Wellington hosted a function to celebrate the re-launch of the Māori Law Review.
Print Version
Download the Māori Law Review September 2012 (544 KB PDF).
Tēnā koutou kātoa. Ngā mihi maioha ki a koutou.
The Māori Law Review has been a feature of the Māori legal world for nearly twenty years and it is both exciting and daunting to be involved in re-energising this publication. read more
Karena v Pita - Whangaruru Whakaturia 1D9A & 1D10A
[2012] 2012 Maori Appellate Court MB 451 (2012 APPEAL 451)
13 September 2012
Appeals against a decision of the lower Court dismissed. Appellants ordered to pay costs.
Download Karena v Pita - Whangaruru Whakaturia 1D9A & 1D10A here (137 KB PDF).
read more
Jaggard v Carver - Waikawa Village Section 2B 3B Lot 4 and Lot 5 DP 3660
Māori Appellate Court [2012] 2012 Māori Appellate Court 525 (2012 APPEAL 525)
27 September 2012
Appeal dismissed against a decision of the lower Court varying the Trust Order for the Lot 4 and 5 Deposited Plan 3660 Ahu Whenua Trust.
Download Jaggard v Carver - Waikawa Village Section 2B 3B Lot 4 and Lot 5 DP 3660 (93 KB PDF) here. read more
Ruka - Taheke 23A
Māori Land Court [2012] Chief Judge's MB 416
6 September 2012
Application seeking amendment of a partition order dismissed. The applicant wished to relitigate issues already considered by the Māori Land Court and the Māori Appellate Court. The Chief Judge's powers cannot be used to circumvent the proper rehearing or appeals process.
Download Ruka - Taheke 23A here (192KB PDF). read more
Welsh - Taiharuru 4C3
Māori Land Court [2012] Chief Judge's MB 398 (2012 CJ 398)
20 September 2012
Successful application to cancel orders trasferring shares from the applicant's father, Milton Welsh, to his nephew, Revel Neal. Court had used outdated valuations of the shares and had not required the alienor to be present or to provide an affidavit confirming the transfer.
Download Welsh - Taiharuru 4C3 here (186 KB PDF). read more
Te Paa - Ahipara A33
Māori Land Court (2012) 47 Taitokerau MB 3 (47 TTK 3)
28 August 2012
Applications to review the trust over Ahipara A33 and for an occupation order. Issues arose surrounding the grant of a lease to two trustees. The trust order was varied in a number of ways to prevent the trustees from entering into a similar lease in the future and the existing lease declared of no effect. On balance, the Court found there were no grounds to remove any of the trustees. The application for an occupation order was dismissed as the applicant did not have the consent of the trustees.
Download Te Paa - Ahipara A33 (112 KB PDF) here.
read more
The Interim Report on the National Freshwater and Geothermal Resources Claim
Waitangi Tribunal (Wai 2358, 2012)
Do Māori have commercial proprietary interests in water protected by the Treaty of Waitangi?
If yes, will the sale of up to 49 per cent of shares in State-owned power-generating companies affect the Crown’s ability to recognise those rights and remedy their breach?
These questions have been before the Waitangi Tribunal these past few months. On 24 August 2012, the Tribunal found that Māori still have residual proprietary rights in water and the Crown will breach the principles of the Treaty of Waitangi if it goes ahead with the intended share sale.
Download the Stage 1 Report on the National Freshwater and Geothermal Resources Claim here (4.8 MB PDF). read more
2012 has seen legislation to settle historical claims under the Treaty of Waitangi enacted at a faster pace than previously. This is due in part to two important changes to legislative practice: extended sitting hours and the use of cognate bills. read more
In early 2013, LexisNexis will publish a new Māori language dictionary. Māori language dictionaries are nothing new, however this dictionary will be the first comprehensive bilingual dictionary conveying Western legal concepts in Māori. read more
