January 2014 Kohi-tātea – Contents

Court of Appeal

Criminal law, sentencing and ethnicity - Mika v R [2013] NZCA 648

Māori Appellate Court

Appeals - leave to appeal out of time – applicant unable to demonstrate sufficient cause - Nicholls v Nicholls – W T Nicholls Trust [2013] Māori Appellate Court MB 636

Māori Land Court

Trusts – both an ahu whenua or whānau trust would be appropriate to achieve the aims of the owners – Te Ariki o Kahukura v Moore – Manukorihi 1B Section 2 (2013) 313 Aotea MB 254 (313 AOT 254)

Trusts - management - approach generally sound - Corrigan - Ngatihine H2B (2014) 71 Taitokerau MB 72

Occupation orders - order made for large site - Bhana v Paniora - Wairau North 1B2C  (2014) 71 Taitokerau MB 35

Waitangi Tribunal

Urgent inquiry into reform of the Māori Community Development Act 1962


Criminal law, sentencing and ethnicity – Mika v R – sensible or superficial?

Mika v R

Court of Appeal [2013] NZCA 648

12 December 2013

Max Harris examines the Court of Appeal’s judgment in Mika v R and asks whether it adopts the correct approach to the sentencing of Māori offenders.

Download Mika v R [2013] NZCA 648 here (65 KB PDF). read more

Appeals – leave to appeal out of time – applicant unable to demonstrate sufficient cause – Nicholls

Nicholls v Nicholls – W T Nicholls Trust

[2013] Māori Appellate Court MB 636 (2013 APPEAL 636)

23 December 2013

Application refused for leave to appeal out of time from orders of the lower Court.

Download Nicholls v Nicholls – W T Nicholls Trust (133 KB PDF). read more

Trusts – both an ahu whenua or whānau trust would be appropriate to achieve the aims of the owners – Te Ariki o Kahukura

Te Ariki o Kahukura v Moore – Manukorihi 1B Section 2

Māori Land Court (2013) 313 Aotea MB 254 (313 AOT 254)

20 December 2013

A dispute arose as to whether an ahu whenua or whānau trust would be more appropriate to achieve the prudent management of the land. The Court considered that either trust structure would achieve the aims of the owners and decided to create a whānau trust.

Download Te Ariki o Kahukura v Moore – Manukorihi 1B Section 2 (96 KB PDF) here. read more

Trusts – management – approach generally sound – Corrigan

Corrigan - Ngatihine H2B

Māori Land Court (2014) 71 Taitokerau MB 72 (71 TTK 72)

28 January 2014

Application for a review of trust. Trust's approach to governance and management found to be generally sound despite issues surrounding a loan agreement and unsustainable administrative expenses.

Download Corrigan - Ngatihine H2B (210 KB PDF) here. read more

Occupation orders – order made for large site – Bhana v Paniora

Bhana v Paniora - Wairau North 1B2C

Māori Land Court (2014) 71 Taitokerau MB 35 (71 TTK 35)

24 January 2014

The Court was prepared to grant an occupation order to the applicant, conditional upon the completion of a scheme plan. The proposed site was found to be larger than what the Court had previously found the applicant entitled to. Both parties agreed to the order being made in respect of the site. Accordingly, the application was granted.

Download Bhana v Paniora - Wairau North 1B2C (61KB PDF) here. read more

Urgent inquiry into reform of the Māori Community Development Act 1962

Memorandum - Directions in the New Zealand Māori Council Māori Community Development Act Claim

Waitangi Tribunal (Wai 2417, 2.5.8)

24 December 2013

The Waitangi Tribunal will inquire urgently into the process adopted by the Crown for the reform of the Māori Community Development Act 1962, under which the New Zealand Māori Council and the Māori Wardens are governed.

Download Memorandum - Directions in the New Zealand Māori Council Māori Community Development Act Claim here (544 KB PDF). read more