October 2015 Whiringa-ā-nuku – Contents

Special Issue - Hui a Tau 2015 - Te Hunga Roia Māori o Aotearoa

Editorial – Dr Carwyn Jones

The meaning and purpose of the Treaty of Waitangi – Dame Sian Elias

Mana Wāhine – the importance of women in the legal profession – Dame Lowell Goddard

Can you see the island? – Justice Joseph Williams

Being an effective advocate – practical tips for appeal and trial work – Judge Jan Marie Doogue

Mana wāhine – strategies for survival – Māori perspectives – Deputy Chief Judge Caren Fox

Te Miina o Papatūānuku – Te Mana o te Wahine – Annette Sykes

Litigating against the Crown - Peter Andrew

Māori Land Court - Te Kōti Whenua Māori

Vesting order - granted ahead of creation of whānau trust - Braniff - Motatau 2 Section 52B (2015) 111 Taitokerau MB 299 (111 TTK 299)

Roadways - application dismissed - Quaife - Part Whakapoungakau Roadway 1B3G (2015) 127 Waiariki MB 171 (127 WAR 171)

Print version

Download the Māori Law Review October 2015 (726 KB PDF)

Sir Edward Taihakurei Durie student essay competition 2015

Our judges have selected Monique van Alphen Fyfe’s essay on the proposed reforms to Te Ture Whenua Māori Act 1993 as the winning entry for 2015. Congratulations Monique. The essay will be published in the February 2016 issue of the Review.

 


Editorial – Special Issue – Hui a Tau 2015 – Te Hunga Roia Māori o Aotearoa

Editorial

Te Hunga Roia Māori o Aotearoa, the Māori Law Society Incorporated, was incorporated in 1988. The purposes of Te Hunga Roia Māori include promoting fellowship and mutual support amongst its members, identifying and responding to the legal needs of Te Ao Māori, supporting and encouraging whānau, hapū, iwi, and rohe initiatives, to promote law reform, and to promote the education of its members in terms of tikanga Māori and te ture Pākehā. Over the more than 25 years of Te Hunga Roia Māori’s existence, the hui-a-tau or annual conference has become an important component of the society’s activities that support its central purposes.

Te Hunga Roia Māori held its 2015 annual conference at Waitangi from 3-5 September. The theme of the conference was taken from a whakataukī of the Ngāti Porou leader, Apirana Mahuika, who passed away in February 2015:

E tū ki te kei o te waka, kia pakia koe e ngā ngaru o te wā – Stand at the stern of the canoe and feel the spray of the future biting at your face.

The conference provided an opportunity for lawyers, law students and members of the judiciary to discuss a wide range of legal issues relevant to Māori. The organising committee had put together an outstanding programme and in this issue we publish papers from Chief Justice Dame Sian Elias, Dame Lowell Goddard, Justice Joseph Williams, Chief District Court Judge Jan Marie Doogue, Deputy Chief Judge Caren Fox and senior practitioners Annette Sykes and Peter Andrew.

The Māori Law Review is proud to support Te Hunga Roia Māori and to publish a selection of the presentations from the conference.

The meaning and purpose of the Treaty of Waitangi – Dame Sian Elias

Hui-a-Tau Conference 2015 - Te Hunga Roia Māori o Aotearoa

Rt Hon Dame Sian Elias, GNZM, Chief Justice of New Zealand

4 September 2015

Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its annual conference at Waitangi in September 2015. The conference provided an opportunity for lawyers, law students and members of the judiciary to discuss a wide range of legal issues relevant to Māori.  The Māori Law Review is proud to support Te Hunga Roia Māori and to publish a selection of the presentations from the conference. The following paper is by the Chief Justice, Dame Sian Elias. read more

Mana Wāhine – the importance of women in the legal profession – Dame Lowell Goddard

Hui-a-Tau Conference 2015 - Te Hunga Roia Māori o Aotearoa

Hon Dame Lowell Goddard

4 September 2015

Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its annual conference at Waitangi in September 2015. The conference provided an opportunity for lawyers, law students and members of the judiciary to discuss a wide range of legal issues relevant to Māori.  The Māori Law Review is proud to support Te Hunga Roia Māori and to publish a selection of the presentations from the conference. The following paper is by Dame Lowell Goddard. read more

Can you see the island? – Justice Joseph Williams

Hui-a-Tau Conference 2015 - Te Hunga Roia Māori o Aotearoa

Justice Joseph Williams

5 September 2015

Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its annual conference at Waitangi in September 2015. The conference provided an opportunity for lawyers, law students and members of the judiciary to discuss a wide range of legal issues relevant to Māori.  The Māori Law Review is proud to support Te Hunga Roia Māori and to publish a selection of the presentations from the conference. The following paper is by High Court judge the Hon. Justice Joseph Williams.

read more

Being an effective advocate – practical tips for appeal and trial work – Judge Jan Marie Doogue

Hui-a-Tau Conference 2015 - Te Hunga Roia Māori o Aotearoa

Judge Jan Marie Doogue, Chief District Court Judge

5 September 2015

Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its annual conference at Waitangi in September 2015. The conference provided an opportunity for lawyers, law students and members of the judiciary to discuss a wide range of legal issues relevant to Māori.  The Māori Law Review is proud to support Te Hunga Roia Māori and to publish a selection of the presentations from the conference. The following paper is by the Chief District Court Judge, Her Honour Judge Jan Marie Doogue. read more

Mana wāhine – strategies for survival – Māori perspectives – Deputy Chief Judge Caren Fox

Hui-a-Tau Conference 2015 - Te Hunga Roia Māori o Aotearoa

Deputy Chief Judge Caren Fox, Māori Land Court

5 September 2015

Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its annual conference at Waitangi in September 2015. The conference provided an opportunity for lawyers, law students and members of the judiciary to discuss a wide range of legal issues relevant to Māori.  The Māori Law Review is proud to support Te Hunga Roia Māori and to publish a selection of the presentations from the conference.

The following paper is by Deputy Chief Judge Caren Fox of the Māori Land Court. It is a shortened adaptation of a paper delivered in 2014 and is reproduced here with the kind permission of New Zealand Law Society Continuing Legal Education Ltd from the Women, the Law, and the Corner Office Conference 2014.

read more

Te Miina o Papatūānuku – Te Mana o te Wahine – Annette Sykes

Hui-a-Tau Conference 2015 - Te Hunga Roia Māori o Aotearoa

Annette Sykes

4 September 2015

Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its annual conference at Waitangi in September 2015. The conference provided an opportunity for lawyers, law students and members of the judiciary to discuss a wide range of legal issues relevant to Māori.  The Māori Law Review is proud to support Te Hunga Roia Māori and to publish a selection of the presentations from the conference. The following paper is by barrister and solicitor Annette Sykes. read more

Litigating against the Crown – Peter Andrew

Hui-a-Tau Conference 2015 - Te Hunga Roia Māori o Aotearoa

Peter Andrew, Barrister

5 September 2015

Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its annual conference at Waitangi in September 2015. The conference provided an opportunity for lawyers, law students and members of the judiciary to discuss a wide range of legal issues relevant to Māori.  The Māori Law Review is proud to support Te Hunga Roia Māori and to publish a selection of the presentations from the conference. The following paper is by Peter Andrew, Barrister. read more

Partition – appeal dismissed from refusal to partition land – Whaanga

Whaanga v Smith 

Court of Appeal [2015] NZCA 121

17 April 2015

An appeal was dismissed from a refusal by the Māori Appellate Court to grant a partition of land sought.

Download Whaanga v Smith (536 KB PDF) here. read more

Encroachment and access – land swap and private right of way created – Smith

Smith - Waiomu 3B2B2B3B3 and Waiomu 3B2B2B3B1B

Māori Land Court (2015) 105 Waikato Maniapoto MB 12 (105 WMN 12)

28 August 2015

Application for right of way granted to legalise access to land which otherwise did not have practical access. A land swap was also ordered to deal with a dwelling that encroached on the land. Orders subject to survey.

Download Smith - Waiomu 3B2B2B3B3 and Waiomu 3B2B2B3B1B (185 KB PDF). read more

Vesting order – granted ahead of creation of whānau trust – Braniff

Braniff - Motatau 2 Section 52B

Māori Land Court (2015) 111 Taitokerau MB 299 (111 TTK 299)

7 September 2015

Application granted to vest shares and to create a whānau trust with the recipient of the shares as sole trustee.

Download Braniff - Motatau 2 Section 52B (196 KB PDF). read more

Roadway application dismissed – Quaife

Quaife - Part Whakapoungakau Roadway 1B3G

Māori Land Court (2015) 127 Waiariki MB 171 (127 WAR 171)

10 September 2015

Application to take and declare a portion of Māori land to be a public road dismissed.

Download Quaife - Part Whakapoungakau Roadway 1B3G (293 KB PDF). read more

Still wrestling with laws and histories – a comment on Grant Morris, Prendergast: Legal Villain?

Prendergast: Legal Villain?

Grant Morris

Victoria University Press, Wellington, 2014 (260 pages, ISBN: 9780864739377)

Reviewed by Professor Mark Hickford, Pro-Vice Chancellor and Dean of Law, Faculty of Law, Victoria University of Wellington.

read more