March 2013 – Contents

Supreme Court

Partial privatisation no material impairment to remedying Treaty breaches - New Zealand Maori Council v Attorney-General [2013] NZSC 6

Māori Land Court

Partition - insufficient support and unnecessary - Tohiariki – Section 1F No 2 Parish of Katikati (2013) 54 Waikato Maniapoto MB 31

Choosing an effective administrative structure - Kahukura v Moore – Manukōrihi 1B Section 2 (2013) 299 AOT 153

Trusts – extension of interim trustees' term, appointment of replacement trustee – Severne - Lake Rotoaira Trust (2013) 298 Aotea MB 267

Trusts - removal of trustees - appeal dismissed where trustees found to have acted unsatisfactorily - Tatere v Te Aute Trust Board – Mangatainoka No 1BC No 2C, Tamaki 2A2A (Balance) [2013] 2013 Māori Appellate Court 105

Resource Management

Māori interests in natural resource management - 2012 in review

Waitangi Tribunal

Future management of Tongariro National Park - Te Kāhui Maunga: The National Park District Inquiry Report

Legal history

New Zealand’s “Lost Cases” – Unreported colonial case law on the internet

Print Version

Download the Māori Law Review March 2013 (361 KB PDF).


Partial privatisation no material impairment to remedying Treaty breaches – New Zealand Māori Council v Attorney-General [2013] NZSC 6

The Supreme Court has dismissed the Māori Council's appeal from the High Court's refusal to grant judicial review over the proposed partial privatisation of Mighty River Power.

Download New Zealand Māori Council v Attorney-General [2013] NZSC 6 here (353 KB PDF). read more

Partition – Tohiariki

Tohiariki – Section 1F No 2 Parish of Katikati

Māori Land Court (2013) 54 Waikato Maniapoto MB 31 (54 WMN 31)

21 March 2013

Application for partition. Application dismissed where there was not a sufficient degree of support for the application; the proposed partition would not effect an alienation of land by gift; and the proposal was not necessary to facilitate the effective operation, development or utilisation of the land.

Download Tohiariki – Section 1F No 2 Parish of Katikati (223 KB PDF) here. read more

Trusts – extension of interim trustees’ term, appointment of replacement trustee – Severne

Severne - Lake Rotoaira Trust

Māori Land Court (2013) 298 Aotea MB 267 (298 AOT 267)

12 March 2013

Interim trustees' term extended for 18 months. Replacement trustee appointed.

Download Severne - Lake Rotoaira Trust here (125 KB PDF). read more

Choosing an effective administrative structure – Kahukura v Moore – Manukōrihi 1B Section 2 (2013) 299 AOT 153

Kahukura v Moore – Manukōrihi 1B Section 2

Māori Land Court (2013) 299 Aotea MB 153 (299 AOT 153)

22 March 2013

Ownership of homestead on block; further submissions required on preferred administrative structure for block and whether an occupation order should be granted over the homestead.

Download Kahukura v Moore – Manukōrihi 1B Section 2 here (170KB PDF). read more

Trusts – removal of trustees – appeal dismissed where trustees found to have acted unsatisfactorily – Tatere

Tatere v Te Aute Trust Board – Mangatainoka No 1BC No 2C, Tamaki 2A2A (Balance)

Māori Appellate Court [2013] 2013 Māori Appellate Court 105 (2013 APPEAL 105)

8 March 2013

Appeal from a decision of the lower Court removing Hōhepa Mei Tatere and Te Aroha Matawai Annette Edwards as trustees of the Rua Roa and Ngawapurua Trusts. Appeal was dismissed where the trustees were found to have acted unsatisfactorily.

Download Tatere v Te Aute Trust Board – Mangatainoka No 1BC No 2C, Tamaki 2A2A (Balance) (280 KB PDF) here. read more

Māori interests in natural resource management: 2012 in review

Kirsten Hagan and Julia White from Buddle Findlay's environment and Māori law team review natural resource management law affecting Māori in 2012. read more

Future management of Tongariro National Park – Te Kāhui Maunga: The National Park District Inquiry Report

Te Kāhui Maunga: The National Park District Inquiry Report (pre-publication edition)

Waitangi Tribunal (Wai 1130, 2012)

24 December 2012

Associate Professor Jacinta Ruru reviews the Waitangi Tribunal’s report on historical claims in its National Park inquiry district.

Download the report here. read more

New Zealand’s “Lost Cases” – Unreported Colonial Case Law on the Internet

Damen Ward provides an update on the database created as a result of the Lost Cases project coordinated by Victoria University of Wellington. read more