February 2014 Hui tanguru – Contents

High Court of Australia

Criminal law, sentencing and ethnicity - Bugmy v The Queen [2013] HCA 37

Court of Appeal

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

Criminal law, application of tikanga Māori - Mason v R [2013] NZCA 310

Māori Appellate Court

Costs - award made akin to civil litigation - Nicholls v Trustees of WT Nicholls Trust (2014) Māori Appellate Court MB 2

Māori Land Court

Status of land - status will not be changed on the basis of mere possibilities - Hohaia - Ahipara 73B2A (2014) 72 Taitokerau MB 50

Costs - award made akin to civil litigationNicholls v Trustees of WT Nicholls Trust (2014) Māori Appellate Court MB 2

Trusts – removal of trustees, redefinition of class of beneficiaries – Kapa - Te Whakahau Hare and Ruka Paati (2014) 72 Taitokerau MB 54

Trusts – constitution of whānau trust – Aupouri - Mabel Aupouri Whānau Trust (2014) 37 Tairāwhiti MB 93

Waitangi Tribunal

Urgent inquiry into reform of the Māori Community Development Act 1962

Sir Edward Taihakurei Durie student essay competition 2013

Turbulent times: speculations about how the Whanganui River's position as a legal entity will be implemented and how it may erode the New Zealand legal landscape - Laura Hardcastle

Indigenous Law Speaker Series 2014

The political ecology and political economy of the Indigenous land titling ‘revolution’ in Australia - Professor Jon Altman from the Australian National University delivered the first of our 2014 lunchtime seminars on 13 February 2014 at the Faculty of Law, Victoria University of Wellington.

Print version

Download the Māori Law Review February 2014 (552 KB PDF).


Criminal law – sentencing – The High Court of Australia in Bugmy v The Queen: A Mixed Bag on the Sentencing of Indigenous Offenders

Bugmy v The Queen

High Court of Australia [2013] HCA 37

2 October 2013

Max Harris considers the judgment of the High Court of Australia in Bugmy v The Queen where the Court considered – amongst other things – the argument that Aboriginal Australian offenders should be entitled to a sentencing discount on the basis of their indigenous background.

Download Bugmy v The Queen [2013] HCA 37 here.

read more

Criminal law, application of tikanga Māori – Mason v R

Mason v R

Court of Appeal [2013] NZCA 310

17 July 2013

Mr Mason appealed his conviction for murder and attempted murder on the basis that he should have been dealt with in accordance with tikanga Māori. The Court of Appeal dismissed his appeal.

Download Mason v R [2013] NZCA 310 here (303 KB PDF). read more

Sir Edward Taihakurei Durie student essay competition 2013 – Turbulent times: speculations about the Whanganui River’s position as a legal entity

Sir Edward Taihakurei Durie student essay competition 2013

Turbulent times: speculations about how the Whanganui River's position as a legal entity will be implemented and how it may erode the New Zealand legal landscape

The Māori Law Review is pleased to publish Laura Hardcastle's prize winning essay on recognising the Whanganui River as a legal entity. read more

Costs – award made akin to civil litigation – Nicholls v Trustees of WT Nicholls Trust

Nicholls v Trustees of WT Nicholls Trust

Māori Appellate Court (2014) Māori Appellate Court MB 2 (2014 APPEAL 2)

4 February 2014

The Māori Land Court made orders against the appellant and these orders were unsuccessfully appealed to the Māori Appellate Court. Following dismissal of the appeals, the successful trustee respondents sought costs. The Appellate Court awarded costs as it found there was no reason in the case to depart from the principle that costs follow the event read more

Status of land – status will not be changed on the basis of mere possibilities – Hohaia

Hohaia - Ahipara 73B2A

Māori Land Court (2014) 72 Taitokerau MB 50

7 February 2014

The Māori Land Court dismissed an application to change the status of a block of Māori freehold land to General land on the basis that the owner had no concrete plans for the land, the current status was not a such an impediment that the Court should change it, and the applicant's son opposed the application.

Download Hohaia - Ahipara 73B2A (2014) 72 Taitokerau MB 50 (105 KB PDF) here. read more

Trusts – removal of trustees, redefinition of class of beneficiaries – Kapa

Kapa - Te Whakahau Hare and Ruka Paati

Māori Land Court (2014) 72 Taitokerau MB 54 (72 TTK 54)

5 February 2014

The late Te Whakahau Hare and Ruka Paati were removed as trustees. The class of beneficiaries of the Māori reservation was widened to include all the descendents of the original Whataipu owners. Beneficiaries were directed to nominate replacement trustees.

Download Kapa - Te Whakahau Hare and Ruka Paati here (138 KB PDF). read more

Trusts – constitution of whānau trust – Aupouri

Aupouri - Mabel Aupouri Whānau Trust

Māori Land Court (2014) 37 Tairāwhiti MB 93 (37 TRW 93)

20 February 2014

Constitution of the Mabel Aupouri Whānau Trust.

Download Aupouri - Mabel Aupouri Whānau Trust here (97 KB PDF). read more