May 2016 Haratua – Contents

Supreme Court of Canada

Métis and non-status Indians are Indians under the constitutionDaniels v Canada (2016) SCC 12 - Emerald UnRuh

High Court - Te Kōti Matua

Human rights – electoral disenfranchisement – prisoner voting rights claims dismissed - Taylor & Ors v Attorney-General & Ors (2016) NZHC 355 - Rachael Jones

Takutai moana - procedure - independence of pūkenga expert - Re Tipene [2015] NZHC 2923 - Andrew Irwin

Māori Land Court - Te Kōti Whenua Māori

Interim injunction - application adjourned - grant of an interim injunction would delay elections - Taueki v Horowhenua 11 Part Reservation - Horowhenua 11 (Lake) Block (2016) 347 Aotea 269 - Indiana Shewen

Limitation - claim barred about life interest under estate - Cassidy v Patene - Te Rangirunga Wi Patene (2016) 349 Aotea MB 51 (349 AOT 51) - Indiana Shewen

Waitangi Tribunal - Te Rōpū Whakamana i Te Tiriti o Waitangi

Trans-Pacific Partnership Agreement - Treaty of Waitangi clause provides protection (Wai 2522, 2016) - Dr Carwyn Jones

Conservation management - endangered wildlife - The Priority Report Concerning Māui’s Dolphin (Wai 898, 2016) - James Watson

Te Urewera - Part VI - environmental - waterways - socio-economic issues (Wai 894, 2015) - Nicholas Coyle

Waitangi Tribunal procedure - urgent inquiries - mandate recognition - The Ngātiwai Trust Board Deed of Mandate claim - Emerald UnRuh

Legislation - Ngā Whakaturetanga

Te Ture Whenua Māori Bill – Toni Love

Book review - Arotakena pukapuka

Indigenous Intellectual Property: A Handbook of Contemporary Research - Aroha Te Pareake Mead

Print version

Download the Māori Law Review May 2016 (653 KB PDF)


Canada – Daniels v Canada – Métis and non-status Indians are Indians under the constitution

Daniels v Canada (Indian Affairs and Northern Development)

Supreme Court of Canada [2016] SCC 12

14 April 2016

The Supreme Court of Canada declared that Métis and non-status Indians are Indians under s. 91(24) of the Constitution Act, 1867. As Indians those people hold the right to be consulted and negotiated with. They also obtain the protection of fiduciary responsibilities owed by the Canadian federal government.

Download Daniels v Canada (Indian Affairs and Northern Development) (PDF 328 KB)

read more

Human rights – electoral disenfranchisement – prisoner voting rights claims dismissed

Taylor v Attorney-General

High Court [2016] NZHC 355

4 March 2016

The High Court dismissed a case challenging the validity of the law preventing prisoners from voting in elections. In the course of its judgment the Court considered, but rejected, arguments based on the Treaty of Waitangi and the Declaration of Independence 1835.

Download Taylor & Ors v Attorney-General (368 KB)

read more

Takutai moana – procedure – independence of pūkenga expert – Tipene

Re Tipene

High Court - Te Kōti Matua [2015] NZHC 2923

23 November 2015

The Court confirmed its earlier appointment of an expert - a pūkenga in terms of the Marine and Coastal Area (Takutai Moana) Act 2011. Obtaining the advice of a person with relevant knowledge and experience outweighed the need for strict independence in the sense of someone with no relationship, association or interest connected with the parties or the subject matter of the application.

Download Re Tipene (383 KB PDF). read more

Interim injunction – application adjourned – grant of an interim injunction would delay elections -Taueki

Taueki v Horowhenua 11 Part Reservation - Horowhenua 11 (Lake) Block

Māori Land Court (2016) 347 Aotea 269 (347 AOT 269)

2 February 2016

The applicant sought an interim injunction to prevent trustees from acting in any capacity as their term had expired. The application was adjourned pending the election of trustees.

Download Taueki v Horowhenua 11 Part Reservation - Horowhenua 11 (Lake) Block (356 KB PDF).

read more

Limitation – claim barred about life interest under estate – Cassidy

Cassidy v Patene - Te Rangirunga Wi Patene

Māori Land Court (2016) 349 Aotea MB 51 (349 AOT 51)

9 March 2016

The applicants sought an order determining that funds received by the respondent belonged to them. The court dismissed the application; the claim for relief was out of time and was barred by the Limitation Act 1950.

Download Cassidy v Patene - Te Rangirunga Wi Patene (270 KB PDF).

read more

Procedure – non-party discovery – bank statements – Tata

Tata v Kara - Waiwhakaata 3E4C Lot 2A

Māori Land Court (2016) 121 Waikato Maniapoto MB 2 (121 WMN 2)

19 May 2016

The applicant satisfied the Court that non-party discovery orders were necessary to obtain access to bank statements required as part of the proceeding to test whether trust funds were expended for proper purposes.

Download Tata v Kara - Waiwhakaata 3E4C Lot 2A (177 KB PDF).

read more

Trans-Pacific Partnership Agreement – Treaty of Waitangi clause provides protection

Report on the Trans-Pacific Partnership Agreement

Waitangi Tribunal (Wai 2522, 2016)

5 May 2016

The Waitangi Tribunal’s Report on the Trans-Pacific Partnership Agreement focused on the effect of the Treaty of Waitangi exception clause in the Trans-Pacific Partnership Agreement (TPPA) and also considered processes for engaging with Māori in relation to the ratification of the TPPA. Though noting some concerns with certain provisions of the TPPA, the Tribunal determined that there was no breach of Treaty principles arising from the inclusion in the TPPA of the Treaty exception clause. The Tribunal made a number of suggestions to improve engagement with Māori in relation to the implementation of the TPPA and the negotiation of international agreements in the future.

Download Report on the Trans-Pacific Partnership Agreement (pre-publication version) (PDF 1.1 MB)

read more

Conservation management – endangered wildlife – The Priority Report Concerning Māui’s Dolphin

The Priority Report Concerning Māui’s Dolphin

Waitangi Tribunal (Wai 898, 2016)

2 May 2016

This Report dealt with claims that the Crown’s current policy (the Threat Management Plan or TMP) in relation to the protection of Māui’s dolphin, was in breach of the Treaty of Waitangi. The Tribunal did not uphold the claims. The Crown’s TMP was a legitimate exercise of its kāwanatanga (governance).

Download The Priority Report Concerning Māui’s Dolphin (PDF 979 KB)

read more

Te Urewera – Part VI – environmental – waterways – socio-economic issues

Te Urewera Part VI (pre-publication version)

Waitangi Tribunal (Wai 894, 2015)

22 December 2015

Part VI of the Tribunal's report on claims in its Urewera district inquiry discusses environmental and waterway issues (such as those regarding Crown intervention, as well as management of forests and ownership of rivers), specific claims (including those regarding public works, rating, taonga and schools), and socio-economic claims.

Download Te Urewera Part VI (4.3 MB PDF) (pre-publication version).

read more

Waitangi Tribunal procedure – urgent inquiries – mandate recognition – Ngātiwai Trust Board

The Ngātiwai Trust Board Deed of Mandate claim

Waitangi Tribunal (Wai 2544, Wai 745, Wai 2337, Wai 156, Wai 2545, Wai 2546, Wai 2548, Wai 2549, Wai 2550, Wai 2557, and Wai 2181, 2016)

2 May 2016

The Waitangi Tribunal will hold an urgent inquiry into claims that the Crown has caused significant and irreversible prejudice to Ngātiwai. The claims are about the Crown recognising a mandate given to the Ngātiwai Trust Board (NTB) to negotiate a settlement of Ngātiwai historical claims against the Crown.

Download  Wai 2544 - The Ngātiwai Trust Board Deed of Mandate claim (1.1 MB) read more

Book review – Indigenous Intellectual Property: A Handbook of Contemporary Research

Indigenous Intellectual Property: A Handbook of Contemporary Research

Edited by Matthew Rimmer

Edward Elgar Publishing (ISBN 978 1 78195 5895 2015)

Reviewed by Aroha Te Pareake Mead (Ngāti Awa, Ngāti Porou), Chair, IUCN Commission on Environmental, Economic and Social Policy (CEESP)

read more