April 2019 Paenga-whāwhā – Contents

Rights of Indigenous Peoples

Australia - rights of indigenous peoples - native title - compensation - Timber Creek - Northern Territory v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples [2019] HCA 7 - James Dwyer (free)

Te Kōti Matua – High Court

Judicial review - interested party status - memorialised land remedies - Raukawa Settlement Trust v Waitangi Tribunal [2019] NZHC 383 - Craig Linkhorn

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 [2018] NZHC 2550 - 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

2019 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Chief Judge's powers - application to amend succession order dismissed - Gray - Estate of William Robinson Hawaikirangi [2019] Chief Judge’s MB 123 (2019 CJ 123) - Te Kooanga Awatere-Reedy

Succession - will maker's intention - gift of residue - Hutana - Estate of Te Whe Ariki Hutana (2019) 53 Te Waipounamu 97 (53 TWP 97) - Reto Blattner de-Vries

Trusts - ahu whenua - partition - mediation or facilitation - Thwaites v Barnett – Harataunga East 2B 2B 1 (2019) 174 Waikato Maniapoto MB 233 (174 WMN 233) - Te Kooanga Awatere-Reedy

Trusts - ahu whenua trust - proposed advisory trustees unsuitable - Mhyre – Ngapaeruru No 1B No 2C No 2 (2019) 73 Tākitimu MB 176 (73 TKT 176) - Te Kooanga Awatere-Reedy

Māori reservations - redefinition of class of beneficiaries - Gazette notice error - Raumati – Urenui Pā (2019) 394 Aotea MB 272 (394 AOT 272) - Te Kooanga Awatere-Reedy

Māori Reservations - inquiry into trustees conduct - trustees invited to resign - Otimi v Fa’uhiva – Hauhungaroa 1A3 (Poukura Pā) (2018) 394 Aotea MB 182 (394 AOT 182) - Te Kooanga Awatere-Reedy

2019 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Waitangi Tribunal procedure - urgent hearing declined - criteria not met - broadcasting - Decision of the Tribunal on application for urgent hearing - Te Reo Irirangi 0 Te Upoko 0 te Ika Claim (2019) Wai 2844, #2.5.3 - Meredith Clement

Waitangi Tribunal procedure - urgent hearing declined - upcoming review - inclusion in kaupapa inquiry - charter schools - Decision of the Tribunal on application for urgent hearing - the Kura Hourua (Charter Schools) Claim (2019) Wai 2770, #2.5.6 - Meredith Clement

Ngā Whakahaere Rauemi - Resource Management

Māori interests in natural resource management - 2018 in review - Ana Coculescu and Chelsea Easter

Print version

Download the Māori Law Review April 2019 (481 KB PDF)


Judicial review – interested party status – memorialised land remedies – Raukawa Settlement Trust

Raukawa Settlement Trust v Waitangi Tribunal

High Court [2019] NZHC 383

12 February 2019

The Waitangi Tribunal misconstrued a limit on a settled group's right to participate as an interested party in the remedies phase of a Tribunal inquiry. The High Court quashed the Tribunal's decision and directed it to reconsider the matter. The Tribunal has subsequently reconsidered the issues and reinstated the settled group's interested party status.

Download Raukawa Settlement Trust v Waitangi Tribunal (779 KB PDF). read more

Waitangi Tribunal procedure – urgent hearing declined – upcoming review – inclusion in kaupapa inquiry – charter schools

Decision of the Tribunal on application for urgent hearing - the Kura Hourua (Charter Schools) Claim

Waitangi Tribunal (2019) Wai 2770, #2.5.6

1 April 2019

The Tribunal declined an application for an urgent inquiry into Kura Hourua (charter schools) claims. An impending independent review may affect the claim; and the claim may be included in the upcoming kaupapa inquiry into education claims.

Download Decision of the Tribunal on application for urgent hearing - the Kura Hourua (Charter Schools) Claim when available (502 KB PDF). read more

Australia – rights of indigenous peoples – native title – compensation – Timber Creek – Griffiths

Northern Territory v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples

High Court of Australia [2019] HCA 7

13 March 2019

The High Court of Australia has given its first judgment on principles for compensating the extinguishment of native title.

Download Northern Territory v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples; Commonwealth of Australia v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples; Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples v Northern Territory (1.4 MB PDF).

read more

Waitangi Tribunal procedure – urgent hearing declined – criteria not met – radio broadcasting

Decision of the Tribunal on application for urgent hearing - Te Reo Irirangi 0 Te Upoko 0 te Ika Claim

Waitangi Tribunal (2019) Wai 2844, #2.5.3

27 March 2019

The Tribunal considered and declined an application for an urgent inquiry into a claim about developments affecting the operation and ownership of a broadcasting license.

Download Decision of the Tribunal on application for urgent hearing - Te Reo Irirangi 0 Te Upoko 0 te Ika Claim (891 KB PDF). read more

Māori interests in natural resource management: 2018 in review

Ana Coculescu, senior associate, and Chelsea Easter, law clerk, from Buddle Findlay review legal developments from 2018 relating to Māori interests in natural resources. read more

Chief Judge’s powers – application to amend succession order dismissed – Gray

Gray - Estate of William Robinson Hawaikirangi

Māori Land Court [2019] Chief Judge’s MB 123 (2019 CJ 123)

4 April 2019

Application to amend succession order dismissed.

Download Gray - Estate of William Robinson Hawaikirangi  (315 KB PDF)

read more

Trusts – ahu whenua – partition – mediation or facilitation – Thwaites

Thwaites v Barnett – Harataunga East 2B 2B 1 

Maori Land Court (2019) 174 Waikato Maniapoto MB 233 (174 WMN 233)

8 February 2019

Application for partition order dismissed. There was insufficient support from owners and the partition was not reasonably necessary.  Parties recommended to undertake mediation or facilitation to address the various issues raised.

Download Thwaites v Barnett - Harataunga East 2B 2B 1 (333 KB PDF)  read more

Māori Reservations – inquiry into trustees conduct – trustees invited to resign – Otimi

Otimi v Fa’uhiva – Hauhungaroa 1A3 (Poukura Pā)

Māori Land Court (2018) 394 Aotea MB 182 (394 AOT 182)

24 December 2018

Application granted concerning trustee conduct and trustees invited to resign. Three new interim trustees appointed, five new advisory trustees appointed.

Download Otimi v Fa’uhiva – Hauhungaroa 1A3 (Poukura Pā) (371 KB PDF). read more

Trusts – ahu whenua trust – proposed advisory trustees unsuitable – Mhyre

Mhyre – Ngapaeruru No 1B No 2C No 2

Māori Land Court (2019) 73 Tākitimu MB 176 (73 TKT 176)

31 January 2019

An application to replace deceased advisory trustees dismissed as the proposed trustees were not suitable. The names of two deceased advisory trustees were removed.

Download Myhre - Ngapaeruru No 1B No 2C No 2 (2019)  (340 KB PDF) read more

Succession – will maker’s intention – gift of residue – Hutana

Hutana - Estate of Te Whe Ariki Hutana 

Maori Land Court (2019) 53 Te Waipounamu 97 (53 TWP 97)

14 February 2019

The Court issued a preliminary determination over apparent inconsistencies in a will.  The will maker's intentions could be discerned from her will and a background clause specifying disentitlement was not sufficiently clear to revoke part of the gift of the estate's residue.

Download Hutana - Estate of Te Whe Ariki Hutana (329 KB PDF).

read more

Māori reservations – redefinition of class of beneficiaries – Gazette notice error – Raumati

Raumati – Urenui Pā

Māori Land Court (2019) 394 Aotea MB 272 (394 AOT 272)

25 January 2019

Application to redefine the class of beneficiaries of a reservation to give effect to the original intent. Granted as the Gazette notice was in error in specifying land owners when the members of the iwi were the intended beneficiaries of the reservation.

Download Raumati - Urenui Pā (293 KB PDF). read more