Hakihea 2019 December – Contents

Te Kōkiri – Advocacy

2019 Te Hunga Roia Māori Moot - Judge Craig Coxhead

Te Kōti Pīra – Court of Appeal

Natural resource management - control of fishing activity - Attorney-General v The Trustees of the Motiti Rohe Moana Trust & Ors [2019] NZCA 532 - Toni Love

Te Kōti Matua – High Court

Natural resource management - sites of significance - remitted to Environment Court - Maungaharuru-Tangitu Trust v Hastings District Council [2019] NZHC 2576 - Toni Love

Te Kōti Pīra Māori – Māori Appellate Court

2019 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Costs - full indemnity costs inappropriate - partial costs awarded - Arthur v The Proprietors of Potikirua Incorporation - Potikirua Incorporation (2019) 225 Waiariki MB 63 (225 WAR 63) - Kelly Mitchell

Landlocked land - reasonable access - safest route - Tuson - Mangamuka West 3B2A Block (2019) 206 Taitokerau MB 130 (206 TTK 130) - Kelly Mitchell

Trusts - trustee removal - breach of trustee responsibilities - account of profits to determine - Pai - Waihi Kahakaharoa 3B2A and Waihi Kahakaharoa 9A (2019) 407 Aotea MB 180 (407 AOT 180) - Kelly Mitchell

Trusts - trustees - invited to resign - no defence of trust assets - Biddle v Biddle-Bassett - Te Atuareretahi and other blocks (2019) 223 Waiariki MB 182 (223 WAR 182) - Kelly Mitchell

Trusts - review - unpaid debt - standing - District Court more appropriate - Williams v Cotter-Arlidge - Okaihau 3C2 (2019) 77 Tākitimu MB 51 (77 TKT 51) - Toni Love

2019 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Waitangi Tribunal Procedure - urgent inquiry declined - lack of evidence of prejudice - Wai 262 response - Māori Arts and Culture (Wai 2909, #2.5.7) - Meredith Clement

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

Waitangi Tribunal procedure - urgent inquiry declined - adjournment inconsistent with urgency - Lake Horowhenua (Wai 2908, #2.5.5) - Meredith Clement

2019 Waitangi Tribunal decisions - index

Ngā Whakaturetanga - Legislation

Treaty settlement legislation before the House of Representatives in 2019 - Dr Carwyn Jones and Reto Blattner de-Vries

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

Print version

Download the Māori Law Review December 2019 (477 KB PDF)

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.


Succession – correction of mistake – joint tenancy intended – jurisdiction – Clarke

Clarke - Maketu A Section 39 Block and Lot 2 Deposited Plan South Auckland 25586 (formerly Maketu A42C Block)

Māori Appellate Court [2019] Māori Appellate Court MB 696 (2019 APPEAL 696)

29 November 2019

A judgment concerning the correction of an error made recording ownership of a block as a tenancy in common rather than as a joint tenancy. Due to the error, the deceased's joint tenant shares were succeeded to by his daughter and then grand-daughter, rather than reverting back to his wife by survivorship as was intended. The Court corrected the original error but noted that only the Chief Judge had jurisdiction to correct subsequent orders.

Download Clarke - Maketu A Section 39 Block and Lot 2 Deposited Plan South Auckland 25586 (formerly Maketu A42C Block) (101 KB PDF). read more

Natural resource management – sites of significance – remitted to Environment Court – Maungaharuru-Tangitu Trust

Maungaharuru-Tangitu Trust v Hastings District Council

High Court [2019] NZHC 2576

10 October 2019

Two appeals by consent sought relating to an interim decision of the Environment Court, which held that the proposed protections in the Hastings' Proposed District Plan were reasonable. The Court allowed the appeals on the basis that the Environment Court erred as a matter of law by concluding without undertaking the requisite factual assessment.

Download Maungaharuru-Tangitu Trust v Hastings District Council (474 KB PDF). read more

Natural resource management – control of fishing activity – Attorney-General

Attorney-General v The Trustees of the Motiti Rohe Moana Trust & Ors

Court of Appeal [2019] NZCA 532

4 November 2019

This appeal concerned four questions of law about whether regional councils can regulate fishing in the coastal marine area under s 30 of the Resource Management Act 1991 to protect indigenous biodiversity. The Court agreed with the High Court's judgment holding that the regional council can control fishing under s 30 so long as it does not act for fisheries legislation purposes.

Download Attorney-General v The Trustees of the Motiti Rohe Moana Trust & Ors (958 KB PDF). read more

Landlocked land – reasonable access – safest route – Tuson

Tuson - Mangamuka West 3B2A Block

Māori Land Court (2019) 206 Taitokerau MB 130 (206 TTK 130)

9 December 2019

Determination varying earlier preliminary judgment concerning the best route for reasonable access to landlocked land following objections and submissions received.

Download Tuson - Mangamuka West 3B2A Block (199 KB PDF). read more

Trusts – review – unpaid debt – standing – District Court more appropriate – Williams

Williams v Cotter-Arlidge - Okaihau 3C2

Māori Land Court (2019) 77 Tākitimu MB 51 (77 TKT 51)

18 July 2019

A creditor applied for a review of a trust. The District Court is a more appropriate forum. The application was dismissed.

Download Williams v Cotter-Arlidge - Okaihau 3C2 (416 KB PDF). read more

Trusts – trustee removal – breach of trustee responsibilities – account of profits to determine – Pai

Pai - Waihi Kahakaharoa 3B2A and Waihi Kahakaharoa 9A 

Māori Land Court (2019) 407 Aotea MB 180 (407 AOT 180)

25 October 2019

Application seeking removal of trustee of Waihi Kahakaharoa 3B2A & 9A Trust granted. The trustee breached his duty of loyalty to the trust.

Download Pai - Waihi Kahakaharoa 3B2A and Waihi Kahakaharoa 9A (107 KB PDF). read more

Costs – full indemnity costs inappropriate – partial costs awarded – Arthur

Arthur v The Proprietors of Potikirua Incorporation - Potikirua Incorporation

Māori Land Court (2019) 225 Waiariki MB 63 (225 WAR 63)

3 December 2019

The applicant sought full indemnity costs, which the Court thought inappropriate in this case as the delay complained of was caused by a number of competing issues. Once the issues were explained, the Incorporation acted swiftly. Incorporation ordered to pay partial costs.

Download Arthur v The Proprietors of Potikirua Incorporation - Potikirua Incorporation (172 KB PDF). read more

Waitangi Tribunal procedure – urgent inquiry declined – adjournment inconsistent with urgency – Lake Horowhenua

Decision on application for an urgent hearing

Waitangi Tribunal (Wai 2908, #2.5.5)

12 December 2019

The Tribunal declined to hold an urgent inquiry into alleged Crown failures to address governance issues for Lake Horowhenua. The application for urgency was declined due to the 'problematic' conflict between requesting urgency and applying for indefinite adjournment alongside a failure to show evidence of prejudice if urgency was not granted.

Download Decision on application for an urgent hearing (511 KB, PDF). read more

Waitangi Tribunal Procedure – urgent inquiry declined – lack of evidence of prejudice – Wai 262 response – Māori Arts and Culture

Decision on application for an urgent hearing

Waitangi Tribunal (Wai 2909, #2.5.7)

12 December 2019

The Tribunal declined to hold an urgent inquiry into the Crown's alleged failure to develop and implement fiscal policies and mechanisms in the Māori arts sector. Urgency was declined due to a lack of evidence of significant and irreversible prejudice if urgency was not granted.

Download Decision on application for an urgent hearing (1 MB, PDF). read more

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

2019 Waitangi Tribunal decisions – index

This page lists a number of the 2019 decisions of the Waitangi Tribunal and contains links to reports about those decisions. read more

Treaty settlement legislation before the House of Representatives in 2019

In 2019 claims settlement legislation continued to feature in the House of Representatives to give effect to settlements reached in recent years. Reto Blattner de-Vries assisted Dr Carwyn Jones with research and writing for this report.

read more

Whiringa-ā-rangi 2019 November – Contents

Ngā ture o ngā iwi taketake - Indigenous law

Legal pluralism and reconciliation - Professor Val Napoleon

Te Kōti Pīra Māori – Māori Appellate Court

2019 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Procedure - strike out - variation to roadway order - untenable - Ohinemango Lands Trust - Waikawa Pahaoa 1B & 1C 2C 1B (2019) 223 Waiariki MB 78 (223 WAR 78) - Toni Love

Injunction - trustee appointments - injunction declined - no jurisdiction - Nikora v Trustees of Te Uru Taumatua and Te Komiti o Runga (2019) 221 Waiariki MB 200 (221 WAR 200) - Sam Taylor

Injunction - refused - trustee elections - delay - Te Korowai Tiaki o Te Hauāuru Incorporated Society v Te Rūnanga o Ngāti Tama Trust (2019) 407 Aotea MB 47 (407 AOT 47) - Kelly Mitchell

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

Rehearing - granted - out of time - notice insufficient for original application - Phillips v Paul - Mangorewa Kaharoa 6E3 No 2 Papakainga 15A2A (2019) 216 Waiariki MB 54 (216 WAR 54) - Sam Taylor

Rehearing - refused - insufficient grounds - Selwyn v Whakatōhea Māori Trust Board - Opape 1A19B (2019) 220 Waiariki MB 94 (220 WAR 94) - Reto Blattner de-Vries

Alienation - vesting - gift to whanaunga - Reedy v Atkins - Waitangi A1A1 (2019) 76 Tākitimu MB 54 (76 TKT 54) - Reto Blattner de-Vries

Occupation order - granted with conditions - Faulkner - Ohuki 1C Sec2 (2019) 183 Waikato Maniapoto MB 45 (183 WMN 45) - Sam Taylor

Trusts - review of trust confirmed - trustee removal dismissed -Puohotaua v Cribb (2019) 402 Aotea MB 230 (402 AOT 230) - Sam Taylor

Trusts - review of trust - lease of land - reasonable rent - Jones v Ratahi - Ngātitara 26B (2019) 403 Aotea MB 276 (403 AOT 276) - Toni Love

Trusts - administration of whānau house - conflict between will and terms of trust -Ngamotu - Karatia 3B2A2B2B and others (2019) 223 Waiariki MB 44 (223 WAR 44) - 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

Print version

Download the Māori Law Review November 2019 (477 KB PDF)

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.


Ngā ture o ngā iwi taketake – Legal pluralism and reconciliation – Val Napoleon

Legal Pluralism and reconciliation[1]

Professor Val Napoleon[2]

In August 2019, the Māori Law Review, AlterNative: An International Journal of Indigenous Peoples, and the Aotearoa New Zealand Centre for Indigenous Peoples and the Law, jointly supported the visit to Aotearoa of Cree legal scholar, Professor Val Napoleon. During her visit to Aotearoa, Professor Napoleon delivered a number of lectures and presentations. The Māori Law Review is very pleased to publish Professor Napoleon’s essay entitled 'Legal Pluralism and Reconciliation', a version of which was originally presented at the Commission on Legal Pluralism conference that was held at the University of Ottawa in 2018

read more

Injunctions – trustee appointments – injunction declined – no jurisdiction – Nikora

Nikora v Trustees of Te Uru Taumatua and Te Komiti o Runga

Māori Land Court (2019) 221 Waiariki MB 200 (221 WAR 200)

17 October 2019

An urgent injunction was sought to restrain trustee appointments to Te Uru Taumatua Trust, a post-settlement goverance entity. The Court found that it did not have jurisdiction to grant the injunction sought.

Download Nikora v Trustees of Te Uru Taumatua and Te Komiti o Runga (282 KB PDF). read more

Trusts – administration of whānau house – conflict between will and terms of trust – Ngamotu

Ngamotu - Karatia 3B2A2B2B and others

Māori Land Court (2019) 223 Waiariki MB 44 (223 WAR 44)

8 November 2019

This application sought a review of trust and enforcement of trustee obligations. However, the core issue concerned authority to administer and make decisions in relation to the whānau home.

Download Ngamotu - Karatia 3B2A2B2B and others (308 KB PDF). read more

Procedure – strike out – variation to roadway order – untenable – Ohinemango Lands Trust

Ohinemango Lands Trust - Waikawa Pahaoa 1B & 1C 2C 1B

Māori Land Court (2019) 223 Waiariki MB 78 (223 WAR 78)

8 November 2019

Application seeking to vary the terms of a roadway order struck out as untenable.

Download Ohinemango Lands Trust - Waikawa Pahaoa 1B & 1C 2C 1B (343 KB PDF). read more

Chief Judge’s powers – succession – whakapapa record – directions as to further evidence – Kapua

Kapua - Estate of Ngamotu Paora

Māori Land Court [2019] Chief Judge's MB 1162 (2019 CJ 1162)

4 November 2019

Application seeking to amend earlier succession orders. Directions to obtain further whakapapa evidence. No decision on substantive application.

Download Kapua - Estate of Ngamotu Paora (389 KB PDF). read more

Rehearing – refused – insufficient grounds – Selwyn

Selwyn v Whakatōhea Māori Trust Board - Opape 1A19B

Māori Land Court (2019) 220 Waiariki MB 94 (220 WAR 94)

9 September 2019

Application for a rehearing dismissed. Fresh proceedings should be brought if there are grounds for doing so.

Download Selwyn v Whakatōhea Māori Trust Board - Opape 1A19B (322 KB PDF). read more

Alienation – vesting – gift to whanaunga – Reedy

Reedy v Atkins - Waitangi A1A1

Māori Land Court (2019) 76 Tākitimu MB 54 (76 TKT 54)

7 June 2019

The applicant sought to transfer by gift, his shares in Waitangi A1A1 to his whanaunga. Application granted. The Court record confirmed that the shares in the land were transferred to the applicant via his father. The property was the sole property of the applicant and his brother. There was no reason to decline the application.

Download Reedy v Atkins - Waitangi A1A1 (362 KB PDF). read more

Trusts – review of trust – lease of land – reasonable rent – Jones

Jones v Ratahi - Ngātitara 26B

Māori Land Court (2019) 403 Aotea MB 276 (403 AOT 276)

29 July 2019

Application seeking a review of trust. The applicant claimed the trustees had acted imprudently over a lease of land. There was no breach of trust. The trustees acted prudently and reasonably by obtaining legal advice and obtaining a reasonable rental.

Download Jones v Ratahi - Ngātitara 26B (343 KB PDF). read more

Occupation order – granted with conditions – Faulkner

Faulkner - Ohuki 1C Sec2

Māori Land Court (2019) 183 Waikato Maniapoto MB 45 (183 WMN 45)

16 July 2019

An application seeking an occupation order granted with conditions.

Download Faulkner - Ohuki 1C Sec2 (277 KB PDF). read more