Hōngongoi 2019 July – Contents

Te Kōti Matua – High Court

Judicial review - costs - 40 per cent public interest discount - Raukawa Settlement Trust v Waitangi Tribunal [2019] NZHC 1438 - Craig Linkhorn

Te Kōti Pīra Māori – Māori Appellate Court

Jurisdiction - General land owned by Māori - supervision of post-settlement land trusts - Moke v Ngāti Tarāwhai Iwi Trust [2019] Māori Appellate Court MB 265 (2019 APPEAL 265) - Craig Linkhorn; comment on Moke v Ngāti Tarāwhai Iwi Trust - Tom Bennion

2019 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Injunction - estate accounts - Hutana - Estate of Te Whe Ariki Hutana (2019) 57 Te Waipounamu MB 27 (57 TWP 27) - Te Kooanga Awatere-Reedy

Chief Judge's powers - partition - no mistake - Peita - Motatau 3H2 [2019] Chief Judge’s MB 337 (2019 CJ 343) - Te Kooanga Awatere-Reedy

Māori Reservations - failure to protect funds - no relief from trustee liability - recipient liability - Tata v Katipa - Waiwhakaata 3E4C Lot 2A (2018) 170 Waikato Maniapoto MB 123 (170 WMN 123) - 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 III (Wai 898, 2019) - Carolyn Southey-Jensen

Waitangi Tribunal procedure - urgent inquiry declined - prosecution of Māori - larger inquiry appropriate - Decision on application for an urgent hearing (Wai 2608, #2.5.3) - Meredith Clement

Waitangi Tribunal procedure - urgent inquiry declined - local government - upcoming kaupapa inquiry - Decision on application for an urgent inquiry (Wai 2883, #2.5.3) - Meredith Clement

Waitangi Tribunal procedure - urgent inquiry declined - local government electoral law - claim not ready to proceed - Decision of the Deputy Chairperson on application for an urgent hearing (Wai 2880, #2.5.4) - Meredith Clement

Print version

Download the Māori Law Review July 2019 (453 KB PDF)


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

Te Mana Whatu Ahuru: Report of Te Rohe Pōtae Claims - Claims Pre-publication version part 3

Te Rōpū Whakamana i Te Tiriti o Waitangi (Wai 898, 2019)

The Waitangi Tribunal has released part 3 of its report on Te Rohe Pōtae Claims in pre-publication format. This report follows on from parts 1 and 2 which were released in September 2018. This part addresses the land policy and legislation that the Crown imposed after 1900 in Te Rohe Pōtae and the implications this had for Te Rohe Pōtae Māori.

The following commentary summarises the arguments of the Crown and the claimants; some of the issues identified by the Tribunal; key aspects of the Tribunal’s discussion and the findings of the Tribunal under each chapter of this part of Te Mana Whatu Ahuru.

The Tribunal makes numerous findings of breach by the Crown of the principles of the Treaty of Waitangi through successive legislative schemes that administered Māori land in a manner inconsistent with the interests of the owners and in a manner that promoted mass alienation of Te Rohe Pōtae Māori land.  Through this conduct the Crown further failed to act in accordance with its assumed obligations to Te Rohe Pōtae Māori under Te Ōhāki Tapu and in particular Te Rohe Pōtae Māori expectations of mana whakakaere over their lands.

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

See Te Mana Whata Ahuru: Report of Te Rohe Pōtae Claims Part II for a summary on chapters 7-11.

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 of Te Rohe Pōtae Claims Part III (4 MB, PDF).

read more

Judicial review – costs – 40 per cent public interest discount – Raukawa Settlement Trust

Raukawa Settlement Trust v Waitangi Tribunal

High Court [2019] NZHC 1438

21 June 2019

Following a judicial review case the Court awarded costs to the successful party but discounted the award by 40 per cent to reflect public interest factors in the case.

Download Raukawa Settlement Trust v Waitangi Tribunal (424 KB PDF). read more

Waitangi Tribunal procedure – urgent inquiry declined – prosecution of Māori – larger inquiry appropriate – Morrison

Decision on application for an urgent hearing

Waitangi Tribunal (Wai 2608, #2.5.3)

25 June 2019

A decision on an application for an urgent hearing into claims of disproportionate prosecution of Māori in the justice system. Urgent inquiry declined. The claim was more appropriately heard in the context of a larger inquiry rather than in isolation.

Download  Decision on application for an urgent hearing (457 KB) read more

Waitangi Tribunal procedure – urgent inquiry declined – local government – upcoming kaupapa inquiry – Whangarei hapū

Decision on application for an urgent inquiry - Whangarei Hapū Local Government Representation Claim

Waitangi Tribunal (Wai 2883, #2.5.3)

27 June 2019

A decision on an application for an urgent inquiry into claims about how local authorities engage with Māori. Application for urgent inquiry declined as it did not meet the required standards for urgency.

Download Decision on application for an urgent inquiry (615 KB). read more

Chief Judge’s powers – partition – no mistake – Peita

Peita - Motatau 3H2

Māori Land Court [2019] Chief Judge’s MB 337 (2019 CJ 337)

30 April 2019

Application to cancel a combined partition order dismissed. The Court found that the applicant had not demonstrated that the order was erroneous in fact or in law because of any mistake or omission on the part of the Court or in the presentation of the facts of the case to the Court.

Download Peita - Motatau 3H2 (362 KB PDF) read more

Injunction – estate accounts – Hutana

Hutana - Estate of Te Whe Ariki Hutana 

Māori Land Court (2019) 57 Te Waipounamu MB 27 (57 TWP 27)

1 July 2019

Application seeking an injunction to restrain the sole administrator's powers in relation to the estate's accounts granted. The Court found that the balance of convenience and overall justice favoured the granting of an interim injunction. The administrator of the estate is prohibited from dealing with the estate property and is restrained from making any distributions.

Download Hutana - Estate of Te Whe Ariki Hutana (319 KB PDF). read more