December 2018 Hakihea – Contents

Te Kōti Mana Nui – Supreme Court

Leave to appeal declined - insufficient prospect of success - extradition - Tukaki v The Commonwealth of Australia [2018] NZSC 109 - Toni Love

Leave to appeal declined - Tītī Islands - no questions of general or public importance - Reihana v Rakiura Tītī Committee [2018] NZSC 119 - Meredith Clement

Te Kōti Matua – High Court

Judicial Review - challenge to Waitangi Tribunal recommendations - Whakatōhea Mandate Inquiry Report - Baker v Waitangi Tribunal & Ors [2018] NZHC 2348 - Toni Love

Te Kōti Pīra Māori – Māori Appellate Court

2018 Māori Appellate Court Judgments - index

Te Kōti Whenua Māori – Māori Land Court

Determination of ownership - house - equitable interest - Kingsnorth v Crawford - Motuaruhe 5D (2018) 199 Waiariki MB 203 (199 WAR 203) - Annelise Samuels

2018 Māori Land Court Judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Waitangi Tribunal procedure - memorialised and Crown forest land - interested party - leave to participate withdrawn - Wairarapa ki Tararua inquiry - Meredith Clement

Waitangi Tribunal procedure - urgent inquiry - prisoner voting - Meredith Clement

Waitangi Tribunal procedure - urgent inquiry - Hauraki Collective deed of settlement - Meredith Clement

Waitangi Tribunal procedure - urgent inquiry declined - Hauraki Collective deed of settlement - Meredith Clement

Waitangi Tribunal procedure - remedies - urgent hearing - application dismissed - Hauraki - Meredith Clement

Ngā Whakaturetanga – Legislation

Treaty settlement legislation before the House of Representatives in 2018 - Dr Carwyn Jones with Carolyn Southey-Jensen and Annelise Samuels

Arotakena pukapuka – Book review

Feminist Judgments of Aotearoa New Zealand Te Rino: A Two-Stranded Rope - Linda Te Aho

Print version

Download the Māori Law Review December 2018 (505 KB PDF)


Leave to appeal declined – insufficient prospect of success – extradition – Tukaki

Tukaki v The Commonwealth of Australia 

[2018] NZSC 109

19 November 2018

Application for leave to appeal dismissed. The Court did not consider that it was necessary in the interests of justice for the appeal to be heard.

Download Tukaki v The Commonwealth of Australia (269 KB PDF).

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Judicial Review – challenge to Waitangi Tribunal recommendations – Whakatōhea Mandate Inquiry Report – Baker

Baker v Waitangi Tribunal & Ors

High Court [2018] NZHC 2348

5 September 2018

Interim order sought in relation to judicial review proceedings concerning recommendations made by the Waitangi Tribunal in the Whakatōhea Mandate Inquiry Report. Although the applicant's claim was at least arguable, she could not point to any irreparable harm that would occur if the interim orders sought were not granted.

Download Baker v Waitangi Tribunal & Ors (383 KB PDF).  read more

Injunction – cancellation refused – no material change in circumstances – Faulkner

Faulkner v Hoete - Motiti North C No 1

Māori Land Court (2018) 181 Waikato Maniapoto MB 2 (173 WMN 2)

11 December 2018

Application for cancellation of permanent injunction dismissed. There was no material change in the circumstances.

Download Faulkner v Hoete - Motiti North C No 1 (323 KB PDF).  read more

Leave to appeal declined – Tītī Islands – no questions of general or public importance – Reihana

Reihana v Rakiura Tītī Committee

[2018] NZSC 119

3 December 2018

Leave to appeal declined from judgments staying proceedings while decisions were taken under the Titi (Muttonbird) Islands Regulations 1978.

Download Reihana v Rakiura Tītī Committee (280 KB PDF).

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Waitangi Tribunal procedure – memorialised and Crown forest land – interested party – leave to participate withdrawn – Wairarapa ki Tararua inquiry

Decision of the Tribunal on entitlement of settled parties to participate - the Wairarapa ki Tararua district inquiry

Waitangi Tribunal (2018) Wai 863, #2.590

17 October 2018

The Tribunal reconsidered and reversed an earlier decision granting interested party status to the Raukawa Settlement Trust and the Rangitāne Tū Mai Rā Trust. That status had been granted for the Tribunal's Wairarapa ki Tararua inquiry into remedies recommendations concerning memorialised land. The leave to participate as interested parties was withdrawn.

Download Decision of the Tribunal on entitlement of settled parties to participate (565 KB PDF).  read more

Waitangi Tribunal procedure – urgent inquiry – Hauraki Collective deed of settlement 

Decision on applications for an urgent hearing - Hauraki Collective Deed of Settlement

Waitangi Tribunal (Wai 2616, #2.5.16; Wai 2653, #2.5.12; Wai 2666, #2.5.10; Wai 2678, #2.5.11; Wai 2735, #2.5.11; Wai 2754, #2.5.5)

9 November 2018

Decision on six applications for urgent hearing into the Crown’s recognition of individual and collective deeds of settlement for iwi of Hauraki. Application for urgency granted as the serious allegation met the threshold for significant and irreversible prejudice.

Decision on applications for an urgent hearing - Hauraki Collective Deed of Settlement (655 KB PDF).  read more

Waitangi Tribunal procedure – remedies – urgent hearing – application dismissed – Hauraki

Decision on application for urgent hearing - Hauraki Deed of Settlement

Waitangi Tribunal (Wai 2665, #2.5.11; Wai 2753, #2.5.6; Wai 2730, #2.5.9)

9 November 2018

Decision on application for urgent hearing. Application dismissed on the basis that there was no evidence provided of any significant or irreversible prejudice.

Download Decision on application for urgent hearing - Hauraki Deed of Settlement (443 KB PDF). read more

Waitangi Tribunal procedure – urgent inquiry declined – Hauraki Collective deed of settlement

Decision on application for urgent hearing - Pare Hauraki Collective Redress Deed 

Waitangi Tribunal (Wai 2733, #2.5.9)

9 November 2018

Application for urgent hearing dismissed as the criteria for urgency was not met.

Decision on application for urgent hearing - Pare Hauraki Collective Redress Deed (441 KB PDF).  read more

Determination of ownership – house – equitable interest – Kingsnorth

Kingsnorth v Crawford - Motuaruhe 5D

Māori Land Court (2018) 199 Waiariki MB 203 (199 WAR 203)

24 October 2018

An application to determine ownership of a home. The applicant was not a landowner but had occupied the home with his late wife for 21 years and made substantial improvements to it. The Court found the house belonged to the applicant's late wife. The applicant possessed an equitable interest and could be compensated.

Download Kingsnorth v Crawford - Motuaruhe 5D (368 KB PDF).

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Book review – Feminist Judgments of Aotearoa New Zealand – Te Rino: A Two-Stranded Rope

Feminist Judgments of Aotearoa New Zealand - Te Rino: A Two-Stranded Rope

Elisabeth McDonald, Rhonda Powell, Māmari Stephens, Rosemary Hunter (editors)

Hart Publishing, Oxford and Portland, Oregon, 2017 (ISBN9781509909711)

Reviewed by Linda Te Aho, Associate Professor, Te Piringa Faculty of Law, Waikato University. read more

Waitangi Tribunal procedure – urgent inquiry – prisoner voting

Decisions on applications for an urgent hearing - Prisoner Voting Rights Claim

Waitangi Tribunal (2018) Wai 2472, #2.5.16; Wai 2842, #2.5.2

17 December 2018

Decision on application for an urgent inquiry about the right of prisoners to vote. Urgent inquiry granted.

Download Decisions on applications for an urgent hearing - Prisoner Voting Rights Claim (598 KB PDF).  read more

Treaty settlement legislation before the House of Representatives in 2018

In 2018 claims settlement legislation continued to feature in the House of Representatives to give effect to settlements reached in recent years. Carolyn Southey-Jensen and Annelise Samuels assisted Dr Carwyn Jones with research and writing for this report. read more

November 2018 Whiringa-ā-rangi – Contents

Hui a Tau 2018 - Te Hunga Roia Māori o Aotearoa

Ka kuhu au ki te ture, hei matua mō te pani - Hon. Justice Joseph Williams

The role of the Solicitor-General in modern Aotearoa - Una Jagose QC

Criminal law - cultural context and background in sentencing - Tiana Epati

Overlapping claims and Crown engagement - will it lead to sustainable reconciliation? - Briar Peat and Carwyn Jones

Ka mate kāinga tahi, ka ora kāinga rua - growing mana motuhake while fighting for it - Sacha McMeeking

Whakaaro Māori and the role of the criminal lawyer - Chris Merrick with Corin Merrick

Rights of Indigenous Peoples – Canada

Consultation - development of legislation - honour of the Crown - Mikisew Cree First Nation v Canada (2018) SCC 40 - Rachael Jones

Te Kōti Pīra – Court of Appeal

Procedure - part waiver of security for costs - no hardship - Ngāti Te Ata v The Minister for Treaty of Waitangi Negotiations [2018] NZCA 471 - Toni Love

Te Kōti Matua – High Court

Judicial review - constitutional amendment to presidency term - due notice given - Rewiti v The Māori Women's Welfare League Inc [2018] NZHC 2713 - Toni Love

Trusts - Ngaitai Iwi Authority - election and removal of trustees by beneficiaries - Hillier v Whitewood [2018] NZHC 2623 - Toni Love

Te Kōti Pīra Māori – Māori Appellate Court

Jurisdiction - whenua tōpū trust order - application to revisit - jurisdiction not triggered - Maruera v Te Runanga o Ngati Maru (Taranaki) Trust [2018] Māori Appellate Court MB 552 (2018 APPEAL 552) - Annalise Samuels

Alienation - gift - lack of notice - Ormsby v Ormsby - Aorangi B No.1A No.3 (2018) Māori Appellate Court MB 547 (2018 APPEAL 547) - Annelise Samuels

2018 Māori Appellate Court Judgments - index

Te Kōti Whenua Māori – Māori Land Court

Chief Judge's powers - mistake in identity - no opposition - Pou v May - estate of Tame Horomona (2018) Chief Judge's MB 634 (2018 CJ 634) - Annelise Samuels

Chief Judge's powers - incorrect vesting - mistaken identity - variation of vesting order - Pou - The Petuere me Hemo Wharemate Whānau Trust (2018) Chief Judge's MB 626 (2018 CJ 626) - Annelise Samuels

Chief Judge's powers - error in fact - entitled to succeed - Hotene - Estate of Paratene Mita Hotene (2018) Chief Judge's MB 277 (2018 CJ 277) - Annelise Samuels

Succession - whāngai grandchildren - Moses-Heeney - Estate of Eric Moses (2018) 201 Waiariki MB 122 (201 WAR 122) - Carolyn Southey-Jensen

Trusts - interim trustee appointed - former trustees as advisory trustees - Rudd v The former trustees - Horowhenua 11 Part Reservation Trust and Horowhenua 11 (Lake) (2018) 392 Aotea MB 179 (392 AOT 179) - Meredith Clement

2018 Māori Land Court Judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Waitangi Tribunal procedure - Crown forest land - interested party status declined - Memorandum-directions of the Presiding Officer regarding renewed Wai 87 application to participate and be heard as an interested party (Wai 814 #2.654) - Meredith Clement

Waitangi Tribunal procedure - settlement - urgent inquiry refused - alternate remedy - Ngāti Rangitihi Settlement (Wai 2771, #2.5.2) - Meredith Clement

Waitangi Tribunal procedure - urgent hearing - mandate issues - granted - Maniapoto Māori Trust Board Deed of Mandate (Wai 2621 #2.5.16) - Meredith Clement

Sir Edward Taihakurei Durie student essay competition 2018

Nopera Dennis-McCarthy won the 2018 Sir Edward Taihakurei Durie student essay competition sponsored by the Māori Law Review. His article will be published in the February 2019 issue of the Review.

Print version

Download the Māori Law Review November 2018 (822 KB PDF)


Ka kuhu au ki te ture, hei matua mō te pani – Hon. Justice Joseph Williams

Hui-a-Tau Conference 2018 - Te Hunga Roia Māori o Aotearoa

Hon. Justice Joseph Williams, judge of the Court of Appeal

October 2018

Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its 30th annual conference at Rotorua in October 2018. The theme of the conference was “Ka kuhu au ki te ture, hei matua mo te pani – I seek refuge in the law, for it is a parent of the oppressed” – Te Kooti Arikirangi Te Turuki. 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 speech was given by Hon. Justice Joseph Williams, Te Kōti Pīrā. read more

Procedure – part waiver of security for costs – no hardship – one amount required – Ngāti Te Ata

Ngāti Te Ata v The Minister for Treaty of Waitangi Negotiations

Court of Appeal [2018] NZCA 471

1 November 2018

Waiver for security of costs partially granted. The Court was unsatisfied that Ngāti Te Ata could not pay or would suffer severe hardship if payment was required, however it considered only one amount of security was required.

Download Ngāti Te Ata v The Minister for Treaty of Waitangi Negotiations (318 KB PDF).  read more

Ka mate kāinga tahi, ka ora kāinga rua – growing mana motuhake while fighting for it – Sacha McMeeking

Hui-a-Tau Conference 2018 - Te Hunga Roia Māori o Aotearoa

Sacha McMeeking, senior lecturer and head of school, Aotahi - School of Māori and Indigenous Studies, University of Canterbury

October 2018

Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its 30th annual conference at Rotorua in October 2018. The theme of the conference was “Ka kuhu au ki te ture, hei matua mo te pani – I seek refuge in the law, for it is a parent of the oppressed” – Te Kooti Arikirangi Te Turuki. 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 speech was given by Sacha McMeeking, Head of School, Aotahi - School of Māori and Indigenous Studies, University of Canterbury. read more

Jurisdiction – whenua tōpū trust order – application to revisit – jurisdiction not triggered – Maruera

Maruera v Te Runanga o Ngati Maru (Taranaki) Trust

Māori Appellate Court [2018] Māori Appellate Court MB 552 (2018 APPEAL 552)

09 November 2018

Appeal dismissed from a judgment that dismissed a challenge to the validity of an order constituting a whenua tōpū trust. The appeal did not meet the required standard to trigger the Court's jurisdiction.

Download Maruera v Te Runanga o Ngati Maru (Taranaki) Trust (217 KB PDF).

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The role of the Solicitor-General in modern Aotearoa – Una Jagose

Hui-a-Tau Conference 2018 - Te Hunga Roia Māori o Aotearoa

Una Jagose QC, Solicitor-General

October 2018

Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its 30th annual conference at Rotorua in October 2018. The theme of the conference was “Ka kuhu au ki te ture, hei matua mo te pani – I seek refuge in the law, for it is a parent of the oppressed” – Te Kooti Arikirangi Te Turuki. 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 speech was made by the Solicitor-General, Una Jagose QC.

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Overlapping claims and Crown engagement – will it lead to sustainable reconciliation? – Briar Peat and Dr Carwyn Jones

Hui-a-Tau Conference 2018 - Te Hunga Roia Māori o Aotearoa

Briar Peat, barrister and solicitor and Dr Carwyn Jones, senior lecturer, Faculty of Law at Victoria University of Wellington

October 2018

Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its 30th annual conference at Rotorua in October 2018. The theme of the conference was “Ka kuhu au ki te ture, hei matua mo te pani – I seek refuge in the law, for it is a parent of the oppressed” – Te Kooti Arikirangi Te Turuki. 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 Briar Peat, solicitor at Chapman Tripp and Carwyn Jones, senior lecturer at Victoria University of Wellington. read more

Alienation – gift – lack of notice – Ormsby

Ormsby v Ormsby - Aorangi B No.1A No.3

(2018) Māori Appellate Court MB 547 (2018 APPEAL 547)

7 November 2018

An appeal from a decision confirming a gift of shares allowed on the basis of a failure to give notice. The case was remitted to the Māori Land Court for a rehearing.

Download Ormsby v Ormsby - Aorangi B No.1A No.3 (221 KB PDF). read more

Canada – consultation – development of legislation – Mikisew Cree First Nation

Mikisew Cree First Nation v Canada

Supreme Court of Canada 2018 SCC 40

11 October 2018

The Supreme Court of Canada dismissed an appeal by Mikisew Cree First Nation (Mikisew Cree) against a finding in the Federal Court of Appeal that the ‘duty to consult’ First Nations does not apply to the development of legislation.

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Trusts – interim trustee appointed – former trustees as advisory trustees – Rudd

Rudd v The former trustees - Horowhenua 11 Part Reservation Trust and Horowhenua 11 (Lake)

Māori Land Court (2018) 392 Aotea MB 179 (392 AOT 179)

25 October 2018

This interim decision was issued as part of preparations for broader litigation. The Court ruled that a fresh appointment process for trustees was required. Meantime, an interim professional trustee was appointed with the former trustees permitted to act in an advisory capacity to the interim trustee.

Download Rudd v The former trustees - Horowhenua 11 Part Reservation Trust and Horowhenua 11 (Lake) (345 KB PDF).  read more

Succession – whāngai grandchildren – Moses

Moses-Heeney - Estate of Eric Moses 

Māori Land Court (2018) 201 Waiariki MB 122 (201 WAR 122)

14 November 2018

Application for whāngai to succeed as natural children granted.

Download Moses-Heeney - Estate of Eric Moses (282 KB PDF).  read more

Trusts – Ngaitai Iwi Authority – election and removal of trustees by beneficiaries – Hillier

Hillier v Whitewood

High Court [2018] NZHC 2623

9 October 2018

Determination on the papers that the beneficiaries of the Ngaitai Iwi Authority had no authority to remove and appoint trustees outside the three-yearly election process.

Download Hillier v Whitewood (238 KB PDF).

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