Hakihea 2019 December – Contents

Te Kōkiri – Advocacy

2019 Te Hunga Roia Māori Moot - Judge Craig Coxhead

Te Kōti Pīra Māori – Māori Appellate Court

2019 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

2019 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Waitangi Tribunal procedure - urgent inquiry declined - Lake Horowhenua (Wai 2898, #2.5.2) - Meredith Clement

Ngā Whakaturetanga - Legislation

Public Service Legislation Bill - Crown relationships with Māori - Craig Linkhorn

Sir Edward Taihakurei Durie student essay competition 2019

Rhianna Morar is the winner of the 2019 Sir Edward Taihakurei Durie student essay competition sponsored by the Māori Law Review. Her essay, about the Courts' interpretative approach to tikanga Māori will be published in the February 2020 issue of the Review.


Public Service Legislation Bill – Crown relationships with Māori

Replacement of the State Sector Act 1988 is proposed with the introduction of a new Public Service Legislation Bill. Among its many features, the Bill's clauses recognise that the public service has a role to play in sustaining the Crown's relationships with Māori under the Treaty of Waitangi. read more

Waitangi Tribunal Procedure – urgent inquiry declined – Lake Horowhenua

Decision on application for an urgent hearing

Waitangi Tribunal (Wai 2898, #2.5.2)

26 November 2019

The Tribunal declined to hold an urgent inquiry into the Crown's failure to act on earlier Tribunal recommendations about future governance of Lake Horowhenua. The application for urgency was declined due to the unusual nature of the claim and the large number of inquiries already in front of the Tribunal.

Download Decision on application for an urgent hearing. read more

Te Kōkiri : Advocacy – 2019 Te Hunga Roia Māori Moot

Māori Law Review consultant editor Judge Craig Coxhead looks at the mooting competition that takes place at the annual conference of Te Hunga Roia Māori o Aotearoa - the Māori Law Society. read more

Whiringa-ā-rangi 2019 November – Contents

Te Kōti Pīra Māori – Māori Appellate Court

2019 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Chief Judge's powers - clear and unambiguous statement to gift - no constructive trust - Cotter v Cotter - Tutaekuri B13 (2019) Chief Judge's MB 951 (2019 CJ 951) - Reto Blattner de-Vries

2019 Māori Land Court judgments - index

Te Kōti Taiao o Aotearoa - Environment Court

Natural resource management - consent conditions - differing effects on mana whenua groups - Ngāti Whātua Ōrākei Whai Maia Ltd v Auckland Council & Panuku Development Ltd [2019] NZEnvC 184 - Tom Bennion

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Waitangi Tribunal procedure - urgent inquiry declined - not urgent - Te Wananga o Raukawa (Wai 2698, #2.5.10) - Meredith Clement

Waitangi Tribunal procedure - urgent inquiry declined - no jurisdiction - alternate remedies - not imminent - Wairoa settlement (Wai 2892, #2.5.5) - Meredith Clement

Student Editor 2020

We are recruiting for our student editor role in 2020. Applications have closed. But if you might be interested for next year's appointment round please go here for details.

Sir Edward Taihakurei Durie student essay competition 2019

Rhianna Morar is the winner of the 2019 Sir Edward Taihakurei Durie student essay competition sponsored by the Māori Law Review. Her essay, about the Courts' interpretative approach to tikanga Māori will be published in the February 2020 issue of the Review.


Waitangi Tribunal procedure – urgent inquiry declined – not urgent – Te Wananga o Raukawa

Decision on application for an urgent hearing

Waitangi Tribunal (Wai 2698, #2.5.10)

13 Mahuru (September) 2019

This application for an urgent inquiry into education issues was declined due to a lack of urgency.

Download Decision on application for an urgent hearing (816 KB). read more

Natural resource management – consent conditions – differing effects on mana whenua groups – Ngāti Whātua Ōrākei Whai Maia Ltd

Ngāti Whātua Ōrākei Whai Maia Ltd v Auckland Council & Panuku Development Ltd

Environment Court [2019] NZEnvC 184

14 November 2019

A consent authority can take account of the fact that mana whenua interests will be of differing degrees of connection in assessing effects and setting conditions.

Download Ngāti Whātua Ōrākei Whai Maia Ltd v Auckland Council & Panuku Development Ltd (25 MB PDF).

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Waitangi Tribunal procedure – urgent inquiry declined – no jurisdiction – alternate remedies – not imminent – Wairoa settlement

Decision on application for an urgent hearing

Waitangi Tribunal (Wai 2892, #2.5.5)

23 Mahuru (September) 2019

A decision on the application for an urgent inquiry into Wai 2892, the Wairoa Deed of Settlement (Callaghan) Claim. The claim concerns the Wairoa settlement process and the alleged failure of the Crown to protect the rights and interests of Ngai Te Rātakō. Urgency declined due to the Tribunal's lack of jurisdiction and the failure of the applicant to explore alternate remedies

Download Decision on application for an urgent hearing (816 KB). read more

Whiringa-ā-nuku 2019 October – Contents

Te Kōti Pīra Māori – Māori Appellate Court

Ownership - estate assets - house a fixture - rehearing ordered - Tihi v Nuku - Ruatoki B Sections 23, 25, 26B, 27, 31, 32, 33B2C2, 38 and 79 and Ruatoki C Sections 11, 12, 15, 17, 18B2, 21, 22B, 23 [2019] Māori Appellate Court MB 531 (2019 APPEAL 531) - Te Kooanga Awatere-Reedy

Procedure - resolution by consent - conditional partition order - matter referred back on technical issues - Clark v Trustees of Opehuia Whānau trust - Kapenga A No 5 [2019] Māori Appellate Court MB 361 (2019 APPEAL 361) - Reto Blattner de-Vries

2019 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Injunction - no jurisdiction - general land - no trust - Kidwell v Karaitana - Waipuka 3A3A (2019) 78 Tākitimu MB 7 (78 TKT 7) - Craig Linkhorn

Chief Judge's powers - amendment of succession and whānau trust order - error of fact - Phillips - Estate of Edith Iritana Phillips [2019] Chief Judge’s MB 981 (CJ MB 981) - Te Kooanga Awatere-Reedy

Chief Judge's powers - clear and unambiguous statement to gift - no constructive trust - Cotter v Cotter - Tutaekuri B13 [2019] Chief Judge's MB 951 (2019 CJ 951) - Reto Blattner de-Vries

Alienation - sale to close whānau - no opposition - Williams - Matapouri 45 Block (2019) 199 Taitokerau MB 286 (199 TTK 286) - Te Kooanga Awatere-Reedy

Alienation - share transfer - capacity - Nikora - 1 D2 Parish (2019) 185 Waikato Maniapoto MB 129 (185 WMN 129) - Reto Blattner de-Vries

Succession - rehearing declined - on-going applications - Hutana - Estate of Te Whe Ariki Hutana (2019) 58 Te Waipounamu MB 78 (58 TWP 78) - Te Kooanga Awatere-Reedy

2019 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Waitangi Tribunal procedure - urgent inquiry declined - alternate remedies - ambiguity in representation - Ngāti Whātua Deed of Settlement (Wai 1308, #2.56; Wai 745, #2.197) - Meredith Clement

Student Editor 2020

We are recruiting for our student editor role in 2020. Applications close on 22 November 2019. Go here for details.

Sir Edward Taihakurei Durie student essay competition 2019

Rhianna Morar is the winner of the 2019 Sir Edward Taihakurei Durie student essay competition sponsored by the Māori Law Review. Her essay, about the Courts' interpretative approach to tikanga Māori will be published in the February 2020 issue of the Review.


Ownership – estate assets – house a fixture – rehearing ordered – Tihi

Tihi v Nuku - Ruatoki B Sections 23, 25, 26B, 27, 31, 32, 33B2C2, 38 and 79 and Ruatoki C Sections 11, 12, 15, 17, 18B2, 21, 22B, 23 

Māori Appellate Court [2019] Māori Appellate Court MB 531 (2019 APPEAL 531)

26 September 2019

Appeal from an order determining ownership of a house. The Court quashed the lower court's order and ordered a rehearing. The executors had no rights at law to sell the house to meet the debt incurred by one of the executors.

Download Tihi v Nuku - Ruatoki B Sections 23, 25, 26B, 27, 31, 32, 33B2C2, 38 and 79 and Ruatoki C Sections 11, 12, 15, 17, 18B2, 21, 22B, 23 (229 KB PDF). read more

Procedure – resolution by consent – conditional partition order – matter referred back on technical issues – Clark

Clark v Trustees of Opehuia Whānau trust - Kapenga A No 5

[2019] Māori Appellate Court MB 361 (2019 APPEAL 361)

19 July 2019

The Court issued a preliminary partition order after it was satisfied that the parties had reached an appropriate compromise. The matter was referred back to the Māori Land Court to undertake matters relating to the partition order.

Download Clark v Trustees of Opehuia Whānau trust - Kapenga A No 5 (209 KB PDF).

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Injunction – no jurisdiction – general land – no trust – Kidwell

Kidwell v Karaitana - Waipuka 3A3A 

Māori Land Court (2019) 78 Tākitimu MB 7 (78 TKT 7)

30 August 2019

Application seeking an injunction to remove occupiers of land. Application dismissed for lack of jurisdiction. An injunction was not available in the circumstances. The land was not administered by trustees so the issues were not covered by Part 12 of Te Ture Whenua Māori Act 1993.

Download Kidwell v Karaitana - Waipuka 3A3A (272 KB PDF).

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Alienation – share transfer – capacity – Nikora

Nikora - 1 D2 Parish

Māori Land Court (2019) 185 Waikato Maniapoto MB 129 (185 WMN 129)

24 September 2019

Application for an order to vest a transfer of shares dismissed. The Court found that the applicant did not have the mental capacity to agree to a transfer of shares to her son or, alternatively, she no longer consented to such a transfer.

Download Nikora - 1 D2 Parish (465 KB PDF) read more

Alienation – sale to close whānau – no opposition – Williams

Williams - Matapouri 45 Block

Māori Land Court (2019) 199 Taitokerau MB 286 (199 TTK 286)

10 September 2019

Two applications seeking to vest interests by way of sale granted. The Court found that there was no opposition to the proposed transfer, written consents had been provided by the adult children of one of the owners, and the land was being transferred to close whānau.

Download Williams - Matapouri 45 Block (257 KB PDF). read more

Succession – rehearing declined – on-going applications – Hutana

Hutana - Estate of Te Whe Ariki Hutana

Māori Land Court (2019) 58 Te Waipounamu MB 78 (58 TWP 78)

23 August 2019

Application for rehearing declined. The Court found that a number of the issues raised by the applicant were part of on-going applications before the Court. Other issues concerned the merits of the decision and therefore should be dealt with on appeal.

Download Hutana - Estate of Te Whe Ariki Hutana (94 KB PDF) read more

Chief Judge’s powers – amendment of succession and whānau trust order – error of fact – Phillips

Phillips - Estate of Edith Iritana Phillips 

Māori Land Court [2019] Chief Judge’s MB 981 (2019 CJ 981)

12 September 2019

Application to amend a succession and whānau trust order granted. The Court found that there was an error of fact concerning mental capacity and resulting competency to sign a deed of arrangement.

Download Phillips - Estate of Edith Iritana Phillips (335 KB PDF) read more

Chief Judge’s powers – clear and unambiguous statement to gift – no constructive trust – Cotter

Cotter v Cotter - Tutaekuri B13 

Māori Land Court [2019] Chief Judge's MB 951 (2019 CJ 951)

6 September 2019

Application seeking to cancel a vesting order concerning Tutaekuri B13 declined. The Court found that the vesting of shares was clearly a gift. No constructive trust existed as the evidence did not establish there was unjust enrichment or unconscionable conduct on the part of the transferees.

Download Cotter v Cotter - Tutaekuri B13 (471 KB PDF).

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Waitangi Tribunal procedure – urgent inquiry declined- alternate remedies – ambiguity in representation – Ngāti Whātua Deed of Settlement

Decision on applications for an urgent hearing.

Waitangi Tribunal (Wai 1308, #2.56; Wai 745, #2.197)

13 Mahuru (September) 2019

A decision on an application for an urgent inquiry in relation to the Crown's actions in settlement negotiations with Te Rūnanga o Ngāti Whātua. Application declined.

Download Decision on applications for an urgent hearing (816 KB). read more

Mahuru 2019 September – Contents

Te Kōti Matua – High Court

Procedure - intervenor - tikanga Māori - Ngāti Whātua Ōrākei Trust v Attorney-General [2019] NZHC 2363 - Toni Love

Te Kōti Pīra Māori – Māori Appellate Court

2019 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Succession - de facto partner - intestate - applicant to seek advice - Hallett - Succession to Sheryl Marie Te Moana (2019) 399 Aotea MB 138 (399 AOT 138) - Te Kooanga Awatere-Reedy

Succession - de facto partner - intestate - claim falls within High Court jurisdiction - Carmont - Estate of El-Alamein Harawira (2019) 195 Taitokerau MB 103 (195 TTK 103) - Reto Blattner de-Vries

Succession - tamaiti whāngai - declined - not integrated into whānau - Ututaonga – Estate of Maraea Ututaonga (2019) 199 Taitokerau MB 281 (199 TTK 281) - Te Kooanga Awatere-Reedy

Succession - house ownership - not owned by whānau trust - excluded from vesting - Herewini - Te Tii Mangonui A3 (2019) 192 Taitokerau MB 170 (192 TTK 170) - Reto Blattner de-Vries

Succession - whānau trust - trustee suitability - historical conviction - whānau support - Tautari - Estate of Wairuaora Hinerupe Fairburn (2019) 200 Taitokerau MB 1 (200 TTK 1) - Te Kooanga Awatere-Reedy

Trusts - trustee duties - court directions sought by responsible trustee - Hemana - Rotopounamu 1B3A2C (2019) 77 Tākitimu MB 220 (77 TKT 220) - Reto Blattner de-Vries

Trusts - trustee duties - resignation - orders removing trustees - indemnity - Witana v Tau - Omapere Taraire E (2019) 191 Taitokerau MB 1 (191 TTK 1) - Reto Blattner de-Vries

Trusts - trustee removal - trustee resignation valid once submitted - Insley - Awanui Haparapara No 4B Trust (2019) 211 Waiāriki MB 68 (211 WAR 68) - Te Kooanga Awatere-Reedy

Trusts - trustee removal - resignation instead - Vaimoso - Maurihoro B Block (2019) 185 Waikato Maniapoto MB 145 (185 WMN 145) - Te Kooanga Awatere-Reedy

Trusts - trustee removal - conflict of interest - failure to carry out duties - Bamber - Tahorakuri A No 1 Sec 33A 2 Block (2019) 218 Waiāriki MB 292 (218 WAR 292) - Te Kooanga Awatere-Reedy

Partition - declined - reasonable alternatives - impractical to partition - Kahukiwa v Ross - Waikite No 3A (2019) 217 Waiāriki MB 68 (217 WAR 68) - Reto Blattner de-Vries

Partition - declined - occupation order reasonable alternative - Angell - Part Nukuroa 2A3C2 and Lot 2 DP37299 (2019) 198 Taitokerau MB 231 (198 TTK 231) - Te Kooanga Awatere-Reedy

Easement - regularising existing situation - Committee of Management of Mangatawa Papamoa Blocks Inc - Asher Block Lot C (2019) 187 Waikato Maniapoto MB 67 (187 WMN 67) - Reto Blattner de-Vries

2019 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Waitangi Tribunal procedure - urgent inquiry declined - failure to meet criteria - alternate remedies - Decision on applications for an urgent hearing (Wai 2578, #2.5.19; Wai 2693, #2.5.11; Wai 2886, #2.5.3) - Meredith Clement

Waitangi Tribunal procedure - urgent inquiry declined - failure to meet criteria - no further developments - Ngati Rehua-Ngatiwai ki Aotea - Decision on applications for an urgent hearing (Wai 2556, #2.5.7; Wai 2576, #2.5.7) - Meredith Clement

Ngā Whakaturetanga - Legislation

Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019 - Carwyn Jones and Te Kooanga Awatere-Reedy

Sir Edward Taihakurei Durie student essay competition 2019

Entries are welcomed for the 2019 Sir Edward Taihakurei Durie student essay competition sponsored by the Māori Law Review. For more information and details on how the competition operates go here. Entries close at 5 p.m. on Friday 4 October 2019.

Print version

Download the Māori Law Review September 2019 (505 KB PDF)


Procedure – intervenor – tikanga Māori – Ngāti Whātua Ōrākei Trust

Ngāti Whātua Ōrākei Trust v Attorney-General

High Court [2019] NZHC 2363

19 September 2019

Ngāti Kuri Trust Board and Ngāi Te Rangi Settlement Trust obtained leave (on a limited basis) to be intervenors in a proceeding brought by the Ngāti Whātua Ōrākei Trust. The case concerns whether the Crown must act in accordance with tikanga Māori in applying policy about overlapping claims in settlement negotiations.

Download Ngāti Whātua Ōrākei Trust v Attorney-General (472 KB PDF).

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Trusts – trustee removal – resignation instead – Vaimoso

Vaimoso - Maurihoro B Block

Māori Land Court (2019) 185 Waikato Maniapoto MB 145 (185 WMN 145)

27 August 2019

Application for removal of trustees. Before determination, the two trustees resigned without admission of liability. The Court accepted these resignations and reduced the number of trustees.

Download Vaimoso - Maurihoro B Block (384 KB PDF). read more

Succession – whānau trust – trustee suitability – historical conviction – whānau support – Tautari

Tautari - Estate of Wairuaora Hinerupe Fairburn

Māori Land Court (2019) 200 Taitokerau MB 1 (200 TTK 1)

11 September 2019

Application for succession and application constituting whānau trust granted. The Court considered the suitability of one of the trustees due to a historical dishonesty conviction. The Court found that she had the necessary ability to carry out this role and that her whānau clearly supported her.

Download Tautari - Estate of Wairuaora Hinerupe Fairburn (88 KB PDF). read more

Trusts – trustee removal – conflict of interest – failure to carry out duties – Bamber

Bamber - Tahorakuri A No 1 Sec 33A 2 Block

Māori Land Court (2019) 218 Waiariki MB 292 (218 WAR 292)

3 September 2019

Two applications seeking the removal of trustees and two corresponding applications to strike out the removal applications. The Court granted one of the applications and dismissed both applications for strike out. The Court held that the applicant trustee's inability to work with the trustees was enough to be considered as a failure to carry out his duties satisfactorily. Moreover, the Court found that the trustee was in a position where there was an untenable conflict of interest due to his being a trustee of two trusts (one trust holds the assets the other trust is seeking to recover).

Download Bamber - Tahorakuri A No 1 Sec 33A 2 Block (415 KB PDF).

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Trusts – trustee removal – trustee resignation valid once submitted – Insley

Insley - Awanui Haparapara No 4B Trust

Māori Land Court (2019) 211 Waiāriki MB 68 (211 WAR 68)

17 April 2019

Application to remove trustees dismissed. Letters of resignation were valid once they had been submitted to the registry or to the trustees. Accordingly, there was no need for the removal application to proceed.

Download Insley - Awanui Haparapara No 4B Trust (371 KB PDF). read more

Succession – tamaiti whāngai – declined – not integrated into whānau – Ututaonga

Ututaonga – Estate of Maraea Ututaonga

Māori Land Court (2019) 199 Taitokerau MB 281 (199 TTK 281)

10 September 2019

Application to succeed to the estate of the deceased as a tamaiti whāngai declined. The Court found that the applicant was not a tamaiti whāngai.

Download Ututaonga – Estate of Maraea Ututaonga (72 KB PDF). read more