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Waitangi Tribunal procedure - memorialised and Crown forest land - interested party - leave to participate withdrawn - Wairarapa ki Tararua inquiry - Meredith Clement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

read more

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).

read more

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