July 2013 – Contents

Special Issue - Māori Law Review symposium on the Treaty of Waitangi and the constitution - 12 June 2013

Background to the symposium

The Treaty in the constitution conversation - Craig Linkhorn

Māori, the Treaty and the Constitution - Rt. Hon. Sir Geoffrey Palmer QC

Transition from tradition to modernity - Colin James

Māori constitutionality (and the Treaty of Waitangi) - Māmari Stephens

The Treaty as a normal part of our public life - Amy Dixon

How should we change the way we do business with one another? - Duran Moy

Giving greater effect to Treaty obligations in our constitution would be good for our natural environment - Emma Smith

A constitution includes a hapū, whānau, iwi and Crown relationship - Marama Broughton

The Treaty of Waitangi should play more than a role in our constitution - Julia Whaipooti

Pictures from the symposium

Māori Land Court

Injunction – Court will not interfere where trust acts in accordance with trust order – Taueki v Horowhenua Sailing Club Limited - Horowhenua (11) Lake (2013) 304 Aotea MB 288

Trusts - management - application for rehearing dismissed - Livingstone v Trustees of Lake Taupo Forest Trust - Lake Taupo Forest Trust (2013) 305 Aotea MB 188

Occupation orders - order not to take effect until lease terminates - Paterson - Ahiateatua A8B (2013) 31 Tairawhiti MB 109

Māori Law Review news

Sir Edward Taihakurei Durie student essay competition 2013 - the competition winner will be announced on 8 October 2013

Print version

Download the Māori Law Review July 2013 (655 KB PDF).


Injunction – Court will not interfere where trust acts in accordance with trust order – Taueki v Horowhenua Sailing Club Limited

Taueki v Horowhenua Sailing Club Limited - Horowhenua (11) Lake

Māori Land Court (2013) 304 Aotea MB 288 (304 AOT 288)

12 July 2013

Application for injunction dismissed. The Court will not interfere when a trust is acting in accordance with its trust order and the general principles of trust law.

Download Taueki v Horowhenua Sailing Club Limited - Horowhenua (11) Lake here (129 KB PDF). read more

Trusts – management – application for rehearing dismissed – Livingstone

Livingstone v Trustees of Lake Taupo Forest Trust - Lake Taupo Forest Trust

Māori Land Court (2013) 305 Aotea MB 188 (305 AOT 188)

18 July 2013

Application for rehearing following a review of trust. Mr Livingstone contended that the judgment concluding and dismissing the review did not address his claims concerning the use of 1080 poison on trust lands. The Court dismissed the application as there was no cause for the Court to interfere in the management of the Trust.

Download Livingstone v Trustees of Lake Taupo Forest Trust - Lake Taupo Forest Trust (156 KB PDF) here. read more

Occupation orders – order not to take effect until lease terminates – Paterson

Paterson - Ahiateatua A8B

Māori Land Court (2013) 31 Tairawhiti MB 109 (31 TRW 109)

9 July 2013

An occupation order was granted subject to compliance with other regulatory requirements and obtaining an easement. The land was subject to a lease and the lessee withdrew consent. The Court granted an easement in favour of the holder of the earlier granted occupation order noting that neither the easement nor the occupation order can take effect until the lease terminates in 2019.

Download Paterson - Ahiateatua A8B (159 KB PDF) here. read more