Supreme Court – Te Kōti Mana Nui
Fiduciary duty - Crown owed fiduciary duties to owners of Nelson tenths reserves - Proprietors of Wakatū v Attorney-General  NZSC 17 - Martha Reilly
High Court – Te Kōti Matua
Takutai Moana – customary marine title recognised – Rakiura – status of applicant – Re Tipene  NZHC 3199 - Andrew Irwin
Māori Appellate Court – Te Kōti Pīra Māori
2016 Māori Appellate Court Judgments - index
Māori Land Court - Te Kōti Whenua Māori
Occupation orders - whānau trust - dismissed - Brightwell - Okauia B3B1 Block (2017) 135 Waikato Maniapoto MB 121 (135 WMN 121) - Martha Reilly
Trusts - vary whānau trust order – trust renamed - new trustees appointed - Hikaka v Ngawhare - Komene 4A2 (2016) 356 Aotea MB 76 (356 AOT 76) - Martha Reilly
2016 Māori Land Court Judgments - index
Waitangi Tribunal - Te Rōpū Whakamana i Te Tiriti o Waitangi
Waitangi Tribunal procedure – urgent inquiries - the Marine and Coastal Area (Takutai Moana) Act (Te Kapotai) claim - Martha Reilly
Legislation - Ngā Whakaturetanga
Te Ture Whenua Māori Bill – Te Pire mō Te Ture Whenua Māori - Select Committee report on Bill - Craig Linkhorn
Proprietors of Wakatū v Attorney-General
Supreme Court  NZSC 17
28 February 2017
The Supreme Court, by majority, allowed the second appellant's appeal in part. The Court declared that the Crown owed fiduciary duties to the customary owners of the Nelson tenths reserves. The second appellant, as a descendant of some of these owners, is entitled to pursue in the High Court claims to determine the extent to which the duties owed were breached and appropriate remedies.
The appeals from the first and third appellants were dismissed by majority. The Court ruled that the Incorporated Proprietors of Wakatu and Te Kahui Ngahuru Trust lacked standing to bring the claims on behalf of the class of customary owners.
The cross appeal from the Attorney-General, disputing the standing of the second appellant to make a claim, was unanimously dismissed.
The second appellant's claim is remitted to the High Court for remaining issues of liability, loss and remedy. The Attorney-General was ordered to pay costs of $55,000 to the second appellant. Costs awards in the Court of Appeal and High Court were set aside.
Download Proprietors of Wakatū v Attorney-General (2 MB PDF). read more
High Court  NZHC 3199
22 December 2016
This is the first case where the High Court applied the tests for customary marine title under the Marine and Coastal Area (Takutai Moana) Act 2011. The case concerned an area of 200m in radius between two islands off the south-west coast of Rakiura (Stewart Island). The Court found customary marine title exists over that area. The applicant had authority to bring the application on behalf of the applicant group. The holder of the customary marine title order will be determined later.
Download Re Tipene (953 KB PDF). read more
Brightwell - Okauia B3B1 Block
Māori Land Court (2017) 135 Waikato Maniapoto MB 121 (135 WMN 121)
15 February 2017
Applicant seeks that an occupation order, in favour of her late mother and sister, be succeeded to by recently-constituted whānau trust. Application dismissed.
Download Brightwell - Okauia B3B1 Block (202 KB PDF). read more
Hikaka v Ngawhare - Komene 4A2
Māori Land Court (2016) 356 Aotea MB 76 (356 AOT 76)
22 July 2016
Application to vary a trust order granted. Trust renamed and new trustees appointed.
Download Hikaka v Ngawhare - Komene 4A2 (235 KB PDF).
Application for an urgent inquiry concerning the Marine and Coastal Area (Takutai Moana) Act 2011
Waitangi Tribunal (Wai 2577, #2.5.5)
16 March 2017
Fifteen applicants, representing various hapū and whānau, sought an urgent inquiry into the Marine and Coastal Area (Takutai Moana) Act (Te Kapotai) claim, on the grounds that the Act confers control and authority over the takutai moana to the Crown and local government. All applications were dismissed. Alternative remedies are available. The applicants were invited to submit further evidence for their claims to be heard later.
Download Application for an urgent inquiry concerning the Marine and Coastal Area (Takutai Moana) Act 2011 (817 KB PDF). read more