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).

read more

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.

read more

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.

read more

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).

read more

Waitangi Tribunal procedure – settlement – urgent inquiry refused – alternate remedy – Ngāti Rangitihi

Ngāti Rangitihi Settlement - decision on application for urgent hearing

Waitangi Tribunal (2018) Wai 2771, #2.5.2

16 November 2018

Application for urgent hearing declined.  Urgency criteria not met because other possibilities for redress had not been exhausted.

Download Ngāti Rangitihi Settlement - decision on application for urgent hearing when available (540 KB PDF).  read more

Judicial review – constitutional amendment to presidency term – due notice given – Rewiti

Rewiti v The Māori Women's Welfare League Inc

High Court [2018] NZHC 2713

19 October 2018

The applicant brought a challenge as a result of changes to the constitution of the Māori Women's Welfare League. The constitution previously limited the National Presidency to a single term of three years. After a review of the constitution, a replacement was adopted. The relevant replacement clause omitted to prohibit re-election of the President. The applicant contended this was unlawful because it was made contrary to the due notice requirements of the League's constitution. The Court considered the due notice given was appropriate in the circumstances and no re-election was necessary.

The Court also made observations about addressing tikanga Māori issues arising in the proceeding.

Download Rewiti v The Māori Women's Welfare League Inc (372 KB PDF). read more

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

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

Chris Merrick, barrister with Corin Merrick, barrister

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 was given by barrister Chris Merrick and includes a te reo Māori contribution by his wife and fellow barrister Corin Merrick on what it means to be a Māori lawyer. read more

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

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

Tiana Epati, President-Elect of the New Zealand Law Society

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 was given by Tiana Epati, criminal lawyer and President-elect of the New Zealand Law Society. read more

Waitangi Tribunal procedure – Crown forest land – interested party status declined – Whakatōhea

Memorandum-directions of the Presiding Officer regarding renewed Wai 87 application to participate and be heard as an interested party

Waitangi Tribunal (Wai 814 #2.654; Wai 1489 #2.6.6)

07 November 2018

The claimant in the Wai 87 claim (made on behalf of the iwi Whakatōhea) applied again to be granted interested party status in the remedies stage of the Tribunal's Turanganui a Kiwa district inquiry concerning Crown forest land at Mangatū. The renewed application was declined on the grounds that it was insufficiently compelling to displace the prejudice it would cause to the inquiry participants.

Download Memorandum directions of the presiding officer (402 KB PDF).  read more

Chief Judge’s powers – mistake in identity – no opposition – Pou

Pou v May - estate of Tame Horomona 

Māori Land Court [2018] Chief Judge's MB 634 (2018 CJ 634)

11 October 2018

Application to cancel a succession order relating to Tame Horomona. The application was granted in relation to interests in Mimitu Ruarei 6. The Court recognised that Heni Tame Horomona was believed to be the same person as Tame Horomona Whatipu and that Tame Whatipu's interets in Mimitu Ruarei 6 were incorrectly vested in Heni Tame Horomona.

Download Pou v May - estate of Tame Horomona (334 KB PDF)

read more

Chief Judge’s powers – incorrect vesting – mistaken identity – variation of vesting order – Pou

Pou - The Petuere me Hemo Wharemate Whānau Trust 

Māori Land Court [2018] Chief Judge's MB 626 (2018 CJ 626)

11 October 2018

An application to cancel the order constituting the Petuere me Hemo Wharemate Whānau Trust. Application granted as the Court had incorrectly vested the interests of Petuere Rauriki in the Trust on the belief he was the same person as Petuere Rauriki Tuhiwai Wharemate.

Download Pou - The Petuere me Hemo Wharemate Whānau Trust (316 KB PDF)

read more

Chief Judge’s powers – error in fact – entitled to succeed – Hotene

Hotene - Estate of Paratene Mita Hotene

Māori Land Court (2018) Chief Judge's MB 277 (2018 CJ 277)

5 September 2018

An application to amend the succession orders of Paratene Mita Hotene. The application was granted as the previous order failed to accurately identify two of the four children of Kereopa Hotene and the applicant was unable to succeed to these interests.

Download Hotene - Estate of Paratene Mita Hotene (365 KB PDF).

read more

Waitangi Tribunal procedure – urgent hearing – mandate issues – granted – Maniapoto

Decision on applications for an urgent hearing - Maniapoto Māori Trust Board Deed of Mandate

Waitangi Tribunal (Wai 2621, #2.5.16; Wai 2663, #2.5.16; Wai 2656, #2.5.16; Wai 2611, #2.5.17; Wai 2614, #2.5.16; Wai 2620, #2.5.15; Wai 2596, #2.5.18; Wai 2597, #2.5.18; Wai 2598, #2.5.18)

16 November 2018

Decision granting an urgent inquiry into Crown recognition of the Maniapoto Māori Trust Board's deed of mandate.

Download Decision on applications for an urgent hearing - Maniapoto Maori Trust Board Deed of Mandate when available (4 MB PDF). read more

Chief Judge’s powers – combined partition amended to reflect owners – Matiu

Matiu - Toetoe No 6

Māori Land Court [2018] Chief Judges MB 739 (2018 CJ 739)

7 November 2018

Application seeking to cancel combined partition orders made in 1971.  Amendments made to the relevant orders to reflect the correct owners of Toetoe 6.

Download  Matiu - Toetoe 6  (436 KB PDF). read more