March 2019 Poutū-te-rangi – Contents

Te Kōti Mana Nui – Supreme Court

Judicial review - allowed - concessions to use conservation estate - giving effect to Treaty principles - Ngāi Tai ki Tāmaki Tribal Trust v Minister of Conservation [2018] NZSC 122 - James Watson

Te Kōti Matua – High Court

Natural resource management - heritage protection of sites ousted by specific regime for mining - Te Ara Rangatu o te Iwi o Ngāti Te Ata Waiohua Incorporated v Attorney General High Court [2018] NZHC 2550 - Toni Love

Procedure - discovery - granted in part - claim bona fide and non-speculative - Tahi Enterprises Ltd v Taua [2018] NZHC 3372 - Toni Love

Te Kōti Pīra Māori – Māori Appellate Court

Trusts - term of investigatory trust - ahu whenua trust - Nicholas v Gibbons - Poike 8E [2019] Māori Appellate Court MB 68 (2019 APPEAL 68) - Craig Linkhorn

Trusts - duty to account to trustees - mesne profits - trespass - Nicholls v Nicholls - Koromatua 3A [2018] Māori Appellate Court MB 604 (2018 APPEAL 604) - Craig Linkhorn

2019 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Ownership - fixture - equitable interest in land - subset of owners - Clarke v Rewha - Hauai 2G2B (2019) 186 Taitokerau MB 68 (186 TTK 68) - Tom Bennion

Costs - double award inappropriate - Special Aid Fund - Appleton v Krissansen - Whangamata 4D 1C 1B (2019) 176 Waikato Maniapoto MB 115 (176 WMN 115) - Reto Blattner de-Vries

2019 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims Part II - Meredith Clement

Sir Edward Taihakurei Durie student essay competition 2018

Incorporating indigenous worldviews on the environment into non-indigenous legal systems: has the Te Awa Tupua Act led to reconciliation and self-determination? - Nopera Dennis-McCarthy

He Taonga Te Tamariki - Eru Kapa-Kingi

Print version

Download the Māori Law Review March 2019 (601 KB PDF)

 


Procedure – discovery – granted in part – claim bona fide and non-speculative – Tahi Enterprises Ltd

Tahi Enterprises Ltd v Taua

High Court [2018] NZHC 3372

18 December 2018

Application for pre-commencement discovery of the register of the individual members of the Te Kawerau Ā Maki Iwi granted. The plaintiffs' claims were bona fide and non-speculative.

Download Tahi Enterprises Ltd v Taua (970 KB PDF). read more

Judicial review – allowed – concessions to use conservation estate – giving effect to Treaty principles – Ngāi Tai ki Tāmaki Tribal Trust

Ngāi Tai ki Tāmaki Tribal Trust v Minister of Conservation

[2018] NZSC 122

14 December 2018

The appellant was successful in establishing that the Department of Conservation granted applications for concessions to use conservation land without appropriately giving effect to the principles of the Treaty of Waitangi. The error was sufficiently serious to warrant a remedy.

Download Ngāi Tai ki Tāmaki Tribal Trust v Minister of Conservation (898 KB PDF).

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Natural resource management – heritage protection of sites ousted by specific regime for mining – Ngāti Te Ata

Te Ara Rangatu o te Iwi o Ngāti Te Ata Waiohua Incorporated v Attorney General

High Court [2018] NZHC 2550

28 September 2018

NZ Steel obtained a declaration it did not need authority under the Heritage New Zealand Pouhere Taonga Act 2014 to undertake its mining operation at Maioro. The mining authorisation was a specific and detailed regime that was intended to apply for the duration of ironsand mining.

Download Te Ara Rangatu o te Iwi o Ngāti Te Ata Waiohua Incorporated v Minhinnick (2314 KB PDF)

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Trusts – term of investigatory trust – ahu whenua trust – Nicholas

Nicholas v Gibbons - Poike 8E

[2019] Māori Appellate Court MB 68 (2019 APPEAL 68)

15 February 2019

A two year investigatory trust did not terminate by operation of law without a further court order. The outcome was variation of the trust to create an ahu whenua trust to administer the land block.

Download Nicholas v Gibbons - Poike 8E (408 KB PDF). read more

Ownership – fixture – equitable interest in land – subset of owners – Clarke

Clarke v Rewha - Hauai 2G2B

Māori Land Court (2019) 186 Taitokerau MB 68 (186 TTK 68)

21 February 2019

The Court determined that a shed on land was a fixture owned by six members of one whānau rather than all of the block's 43 owners.

Download Clarke v Rewha - Hauai 2G2B (366 KB PDF). read more

Trusts – duty to account to trustees – mesne profits – trespass – Nicholls

Nicholls v Nicholls - Koromatua 3A

[2018] Māori Appellate Court MB 604 (2018 APPEAL 604)

7 December 2018

Partly successful appeal from the lower court decision that the appellants had to account for revenue received from operation of a holiday park on the land both before and since the creation of a trust. However, the Court did not consider it necessary or appropriate to disturb the result of the decision under appeal as the difference in the award was negligible.

Download Nicholls v Nicholls - Koromatua 3A (303 KB PDF).  read more

Costs – double award inappropriate – Special Aid Fund – Appleton

Appleton v Krissansen - Whangamata 4D 1C 1B

Māori Land Court (2019) 176 Waikato Maniapoto MB 115 (176 WMN 115) 

28 February 2019

Award of costs declined. Counsel for the respondents had already received payment of their full legal fees from the Maori Land Court Special Aid Fund. A double award would not be appropriate.

Download Appleton v Krissansen - Whangamata 4D 1C 1B (272 KB PDF).

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Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims Part II

Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims – Pre-publication Version part 2

Waitangi Tribunal (Wai 898, 2018)

The Waitangi Tribunal has released two parts of its report on Te Rohe Pōtae Claims in pre-publication format. This forms part of the final report on the district inquiry into Te Rohe Pōtae (The King Country). Parts 1 and 2 focus on; The Treaty of Waitangi, Old Land Claims, Crown Purchasing, War and Confiscation, Aukati, Te Putake o te Ohaki Tapu, Main Trunk Railway, Native Land Court (1886-1907), Crown Purchasing (1890-1905). This report contains a brief chapter by chapter summary of the key findings of part 2 of the pre-publication report.

See Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims Part I  for a summary of chapters 1-6.

For a shorter overview see Te Rohe Pōtae district inquiry – Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims – overview

Download Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims – Pre-publication version (19,148 KB PDF).  read more