February 2013 – Contents

Sir Edward Taihakurei Durie student essay competition 2012

Takamore v Clarke [2011] NZCA 587: The Most Significant Legal Development Affecting Māori - Laura Lincoln

Supreme Court

What does Takamore mean for tikanga? - Takamore v Clarke [2012] NZSC 116

Court of Appeal

Boundaries to land - Chief Executive Land Information New Zealand v Te Whanau o Rangiwhakaahu Hapu Charitable Trust [2013] NZCA 33

High Court

More on Mason: Cultural factors in sentencing - R v Mason [2012] NZHC 1849

Māori Appellate Court

Partition of land refused - Whaanga v Trustees of the Anewa Trust – Anewa Block (2013) 2013 Māori Appellate Court MB 45

Māori Incorporations – determining that land is investment land - Marumaru v Waipakuranui Incorporation (2012) Māori Appellate Court MB 572

Costs - Nikau v Rongomau – Whangape Parish Lot 23B (Horahora Marae) (2013) 2013 Māori Appellate Court MB 60

Māori Land Court

Injunction – application adjourned to allow for more information to be provided – Taueki v Horowhenua District Council - Horowhenua (11) Lake (2013) 298 Aotea MB 263

Injunction – application dismissed by consent – Horton v Māori Trustee - Awarua 3D3 No 12B and Awarua 3D3 No 13 (2013) 297 Aotea MB 178

Chief Judge’s power to correct errors - application dismissed that whenua tōpū trust wrongly constituted - Tane v Tanetinorau Opataia Whānau Trust – Hauturu East 7, 12, 13, 14 and Section 44 Block X Orahiri Survey District (2013) 2013 Chief Judge’s MB 112

Application by Incorporation for Māori Trustee to represent disengaged owners - Mangatawa Papamoa Incorporation – Lot 1 Deposited Plan South Auckland 65413 and Part Mangatawa Block (2013) 52 Waikato Maniapoto MB 82

Waitangi Tribunal

Tribunal declines to use binding powers in recommending remedies for Ngāti Kahu - The Ngāti Kahu Remedies Report (pre-publication edition) (Wai 45, 2013)

Book Review

Treaty of Waitangi Settlements - reviewed by Tom Bennion

Print Version

Download the Māori Law Review February 2013 (471 KB PDF).


Sir Edward Taihakurei Durie student essay competition 2012 – Takamore v Clarke [2011] NZCA 587: the most significant legal development affecting Māori

Sir Edward Taihakurei Durie student essay competition 2012

Takamore v Clarke [2011] NZCA 587: The Most Significant Legal Development Affecting Māori

The Māori Law Review is pleased to publish Laura Lincoln's prize winning essay on the Court of Appeal's approach to recognising Māori custom. read more

What does Takamore mean for tikanga? – Takamore v Clarke [2012] NZSC 116

Takamore v Clarke

Supreme Court [2012] NZSC 116

18 December 2012

Natalie Coates provides an analysis of Takamore v Clarke. The case is about who has the right to decide where a body is buried.

Download Takamore v Clarke [2012] NZSC 116 (556 KB PDF) here. read more

Boundaries to land, survey error correction – Chief Executive Land Information New Zealand v Te Whanau o Rangiwhakaahu Hapu Charitable Trust

Chief Executive LINZ v Te Whanau o Rangiwhakaahu Hapu Charitable Trust

[2013] NZCA 33

28 February 2013

Phoebe Monk reports on the Court of Appeal's decision examing the standard of satisfaction required for decisions on surveys adjusting boundaries to land.

Download Chief Executive Land Information New Zealand v Te Whanau o Rangiwhakaahu Hapu Charitable Trust  here (PDF, 2.6MB). read more

More on Mason: Cultural factors in sentencing

R v Mason

High Court [2012] NZHC 1849

27 July 2012

In R v Mason [2012] NZHC 1361 Heath J gave reasons for refusing to allow Mr Mason to be dealt with in accordance with tikanga Māori in his trial and sentencing.  After pleading guilty to charges of murder and attempted murder Mr Mason was convicted. Mr Mason was sentenced on 27 July 2012.

Max Harris returns to Heath J’s earlier judgment, explores how tikanga Māori matters were addressed in Heath J’s sentencing notes, and makes some remarks about how cultural considerations (including tikanga Māori considerations) might be incorporated into sentencing in future, particularly in light of the Sentencing Act 2002 and a recent decision of the Supreme Court of Canada.

Download R v Mason [2012] NZHC 1849 here (88 KB PDF). read more

Status of land and Māori Incorporations – determining that land is investment land

Marumaru v Waipakuranui Incorporation

(2012) Māori Appellate Court MB 572

4 December 2012

The Māori Appellate Court dismissed an appeal from a decision that Māori land incorporations may sell General land which has not formally been determined to be investment land until some years after it was purchased without a resolution of owners.

Download Marumaru v Waipakuranui Incorporation (2012) Māori Appellate Court MB 572 here (503 KB PDF).

read more

Partition of land refused – Whaanga v Trustees of the Anewa Trust – Anewa Block

read more

Costs award – Nikau

read more

Injunction – application adjourned to allow for more information to be provided – Taueki v Horowhenua District Council

Taueki v Horowhenua District Council - Horowhenua (11) Lake

Māori Land Court (2013) 298 Aotea MB 263 (298 AOT 263)

28 February 2013

Interim decision of Judge Harvey adjourning an application for an injunction.

Download Taueki v Horowhenua District Council - Horowhenua (11) Lake here (190 KB PDF). read more

Injunction – application dismissed by consent – Horton v Māori Trustee

Horton v Māori Trustee - Awarua 3D3 No 12B and Awarua 3D3 No 13

Māori Land Court (2013) 297 Aotea MB 178 (297 AOT 178)

14 February 2013

Application for injunction dismissed by consent. The parties had reached a sensible outcome and had agreed upon terms.

Download Horton v Māori Trustee - Awarua 3D3 No 12B and Awarua 3D3 No 13 here (101 KB PDF). read more

Chief Judge’s power to correct errors – application dismissed that whenua tōpū trust wrongly constituted (Tane)

read more

Application by Incorporation for Māori Trustee to represent disengaged owners

read more

Tribunal declines to use binding powers in recommending remedies for Ngāti Kahu

The Ngāti Kahu Remedies Report (pre-publication edition)

Waitangi Tribunal (Wai 45, 2013)

4 February 2013

The Waitangi Tribunal has declined to exercise its powers to compel the Crown to transfer property to Ngāti Kahu to remedy the iwi's well-founded historical Treaty claims. While the Tribunal found that redress for the wrongful dispossession of 70 per cent of Ngāti Kahu lands by 1865 is long overdue, the circumstances of wider Treaty settlement negotiations in the far north did not warrant the use of its binding powers.

Download the Ngāti Kahu Remedies Report here. read more

Status of land – no change to General land for purpose of sale where sale is a mere possibility – Thornton

Thornton - Opanake 2K2K and Opanake 2K2L2

Māori Land Court (2013) 55 Taitokerau MB 28 (55 TTK 28)

21 February 2013

Application to change status from Māori freehold land to General land dismissed. The requested change did not relate to a specific plan for the land as sale was a mere possibility.  Moreover, there was no evidence that the land's status as Māori freehold land was an impediment to its sale.

Download Thornton - Opanake 2K2K and Opanake 2K 2L 2 (2013) 55 Taitokerau MB 28 (63 KB PDF) here. read more

Book review – Treaty of Waitangi Settlements

Overview

Treaty of Waitangi Settlements

Nicola R Wheen and Janine Hayward (eds)

Bridget Williams Books, Wellington, 2012 (283 pages)

Reviewed by Tom Bennion, Bennion Law read more