Haratua 2020 May – Ngā Ihirangi | Contents

Mōtika tangata - Human rights

Mōtika Tangata mē Te Tiriti o Waitangi - mate korona mē te noho rāhui i Aotearoa taumata 4 | Human Rights and Te Tiriti o Waitangi: COVID-19 and Alert Level 4 in Aotearoa New Zealand - Toni Love

Te Kōti Whenua Māori – Māori Land Court

Trusts - liability of former trustees to reimburse the trust fund - quantum - Beddoe order - Rātima v Sullivan - Tataraakina C (2019) 79 Tākitimu MB 103 (79 TKT 103) - Reto Blattner de-Vries

Trusts - trustee liability - repayment of legal costs - views of beneficial owners - Rātima v Sullivan - Tataraakina C (2019) 81 Takitimu MB 85 (81 TKT 85) - Kelly Mitchell

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Plant variety rights reform - UPOV 91 accession - Treaty consistency (Wai 2522, 2020) - Craig Linkhorn


Plant variety rights reform – UPOV 91 accession – Treaty consistency

Report on the Crown’s policy for the review of the plant variety rights regime

Waitangi Tribunal (Wai 2522) Stage 2

15 May 2020

The Waitangi Tribunal has released its report on claims about the Crown's review of the plant variety rights regime, concluding the reforms were not in breach of the Crown's Tiriti/Treaty obligations to Māori.

Download Report on the Crown’s policy for the review of the plant variety rights regime (1005 KB PDF). read more

Mōtika Tangata mē Te Tiriti o Waitangi – mate korona mē te noho rāhui i Aotearoa taumata 4

Mōtika Tangata mē Te Tiriti o Waitangi: Mate Korona mē te Noho Rāhui i Aotearoa Taumata 4 | Human Rights and Te Tiriti o Waitangi: COVID-19 and Alert Level 4 in Aotearoa New Zealand

Te Kāhui Tika Tangata | Human Rights Commission

April 2020

The Human Rights Commission (Commission) has released a report on Te Tiriti o Waitangi (Te Tiriti) implications resulting from the government's response to the Covid-19 pandemic (Report).

Download Mōtika Tangata mē Te Tiriti o Waitangi: Mate Korona mē te Noho Rāhui i Aotearoa Taumata 4 (341 KB, PDF)

read more

Trusts – liability of former trustees to reimburse the trust fund – quantum – Beddoe order – Rātima

Rātima v Sullivan - Tataraakina C

Māori Land Court (2019) 79 Tākitimu MB 103 (79 TKT 103)

22 October 2019

Application concerning the extent of liability of the former trustees for previous breaches that warranted their removal. The former trustees must repay the trust in relation to honey, fees, travel expenses and legal costs with some allowances made.

Download Rātima v Sulliva - Tataraakina C (488 KB PDF). read more

Trusts – trustee liability – repayment of legal costs – views of beneficial owners – Rātima

Rātima v Sullivan - Tataraakina C

Māori Land Court (2019) 81 Takitimu MB 85 (81 TKT 85)

Judgment confirming that former trustees of Tataraakina C Trust should repay legal costs incurred. This determination followed a meeting of beneficial owners to obtain their views.

Download Rātima v Sullivan (123 KB PDF).

read more

Paenga-whāwhā 2020 April – Contents

Te Kōti Matua – High Court

Judicial review - interim order - interested party status - memorialised land remedies - Mercury NZ Ltd v Waitangi Tribunal [2020] NZHC 598 - Craig Linkhorn

Te Kōti Pīra Māori – Māori Appellate Court

2020 Māori Appellate Court judgments - index

2019 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Costs - 80% awarded - applicants acted unreasonably -Stewart v Eru - Succession to Teressa Ivor Silcock (2020) 200 Waikato Maniapoto MB 184 (200 WMN 184) - Kelly Mitchell

Costs - order for partial costs - recalled decision - Austen - Okahu 4D and other blocks (2020) 209 Taitokerau MB 150 (209 TTK 150-157) - Kelly Mitchell

Succession - ownership of fixture - transmission by survivorship - Kake - Estate of Aldyth Isabel Kake (2020) 209 Taitokerau MB 134 (209 TTK 134-148) - Kelly Mitchell

Partition - ownership of dwelling - both applications dismissed - no support from other owners - Atutahi - Ototoika A14 Block (2020) 201 Waikato Maniapoto MB 153 (201 WMN 153) - Sam Taylor

Trusts - trustee appointment - insufficient notice of election - issue of trusteeship not clear - Wharerau v Wade - Whakarewarewa Lot 29 Block (Wāhiao Meeting House) (2020) 232 Waiariki MB 44 (232 WAR 44) - Kelly Mitchell

2020 Māori Land Court judgments - index

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


Judicial review – interim order – interested party status – memorialised land remedies – Mercury NZ

Mercury NZ Ltd v Waitangi Tribunal

High Court [2020] NZHC 598

23 March 2020

The High Court refused to make an interim order while the applicant's substantive judicial review case was determined. The interim order was sought to prevent the Waitangi Tribunal from issuing an initial determination of decisions on applications for resumption of memorialised properties.

Download Mercury NZ Ltd v Waitangi Tribunal (212 KB PDF). read more

Partition – ownership of dwelling – both applications dismissed – no support from other owners – Atutahi

Atutahi - Ototoika A14 Block

Māori Land Court (2020) 201 Waikato Maniapoto MB 153 (201 WMN 153)

7 April 2020

Applications for partition and for an order declaring that the applicant was the owner of a dwelling located on the Ototoika A14 Block dismissed. There was insufficient owner support and no evidence it was necessary for the effective operation, development and utilisation of land. The applicant had no ownership rights in the dwelling.

Download Atutahi - Ototoika A14 Block (286 KB PDF) (when available) read more

Costs – order for partial costs – recalled decision – Austen

Austen - Okahu 4D and other blocks 

Māori Land Court (2020) 209 Taitokerau MB 150 (209 TTK 150-157)

18 March 2020

Award of 50% of costs incurred. The context involved a decision to recall the original judgment.

Download Austen - Okahu 4D and other blocks (187 KB PDF) when available.

read more

Costs – 80% awarded – applicants acted unreasonably – Stewart

Stewart v Eru - Succession to Teressa Ivor Silcock  

Māori Land Court (2020) 200 Waikato Maniapoto MB 184 (200 WMN 184)

12 March 2020

Application for costs following a withdrawn succession application.  Award of 80% of incurred costs. The applicants acted unreasonably during the application process.

Download Stewart v Eru - Succession to Teressa Ivor Silcock  (265 KB PDF).

read more

Succession – ownership of fixture – transmission by survivorship – Kake

Kake - Estate of Aldyth Isabel Kake

Māori Land Court (2020) 209 Taitokerau MB 134 (209 TTK 134-148)

18 March 2020

Applications to determine ownership of a house along with succession and cancellation or amendment of an occupation order.

Download Kake - Estate of Aldyth Isabel Kake (234 KB PDF) when available.

read more

Trusts – trustee appointment – insufficient notice of election – issue of trusteeship not clear – Wharerau 

Wharerau v Wade - Whakarewarewa Lot 29 Block (Wāhiao Meeting House) 

Māori Land Court (2020) 232 Waiariki MB 44 (232 WAR 44)

20 March 2020

Application seeking to replace the trustees of Wāhiao Marae (Whakarewarewa Lot 29 Māori Reservation) following elections held at the annual meeting. The Court dismissed the application. There was insufficient notice and it was not clear enough that an election of trustees was to be held at the annual meeting.

Download Wharerau v Wade - Whakarewarewa Lot 29 Block (Wāhiao Meeting House) (229 KB PDF).

read more

Poutū-te-rangi 2020 March – Contents

Te Kōkiri – Advocacy

2019 Te Hunga Roia Māori Moot - Judge Craig Coxhead

Te Kōti Pīra Māori – Māori Appellate Court

2020 Māori Appellate Court judgments - index

2019 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Status of land - investigate title to Māori customary land - tikanga Māori - ahi kā and use rights - Bell v Churton - Mataimoana (2019) 410 Aotea MB 244 (410 AOT 244) - Craig Linkhorn

2020 Māori Land Court judgments - index

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

Ngāi Tai ki Tāmaki Tribal Trust [2018] NZSC 122 and beyond the balancing exercise - Rhianna Morar


Status of land – investigate title to Māori customary land – tikanga Māori – ahi kā and use rights – Bell

Bell v Churton - Mataimoana

Māori Land Court (2019) 410 Aotea MB 244 (410 AOT 244)

24 December 2019

Application to investigate the title of Māori customary land at Mataimoana according to tikanga Māori and determine governance arrangements for the land. The Court gave an interim judgment, finding that Ngāti Hau and Ngāti Pourua hold the land in accordance with tikanga Māori, and suggesting a whenua tōpu trust as a governance vehicle for the whenua.

Download Bell v Churton - Mataimoana (352 KB PDF).

read more

Hui tanguru 2020 February – Contents

Te Kōkiri – Advocacy

2019 Te Hunga Roia Māori Moot - Judge Craig Coxhead

Te Kōti Pīra – Court of Appeal

Judicial review - decision within power and not unreasonable - Ngāti Te Ata v The Minister for Treaty of Waitangi Negotiations [2019] NZCA 680 - Toni Love

Te Kōti Pīra Māori – Māori Appellate Court

2020 Māori Appellate Court judgments - index

2019 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Ownership - fixture - house owned by the parties as tenants in common -Keepa - Te Touwai B16A (2019) 207 Taitokerau MB 109 (207 TTK 109) - Laahariz Thapa-Naidu

Representation of Māori - Ngāti Wai ki Aotea - whakapapa - issues outside scope of s 30 inquiry - Bayne v Trustees of the Ngāti Rehua Ngāti Wai ki Aotea Trust [2019] Chief Judge's MB 1432 (2019 CJ 1432) - Toni Love

Chief Judge's powers - succession - dismissed - Broughton - Piripi Tairawhiti Totorewa [2020] Chief Judge’s MB 63 (2020 CJ 63) - Laahariz Thapa-Naidu

Chief Judge's powers - succession - administrative errors only - Te Awe Awe v Te Awe Awe - Estate of Pipi Rakene or Pipi Te Awe Awe [2019] Chief Judge's MB 1414 (2019 CJ 1414) - Laahariz Thapa-Naidu

Chief Judge's powers - succession - granted - joint tenancy instead of tenancy in common - Clarke v Overington [2020] Chief Judge’s MB 35 (2020 CJ 35) - Sam Taylor

Trusts - trustee removal - variation application dismissed - Apo v Hudson - Marenui No 141 and other blocks (2019) 227 Waiariki MB 43 (227 WAR 43) - Sam Taylor

2020 Māori Land Court judgments - index

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

Ngāi Tai ki Tāmaki Tribal Trust [2018] NZSC 122 and beyond the balancing exercise - Rhianna Morar


Judicial review – decision within power and not unreasonable – Ngāti Te Ata

Ngāti Te Ata v The Minister for Treaty of Waitangi Negotiations

Court of Appeal [2019] NZCA 680

19 December 2019

Unsuccessful appeal from a decision that the Minister of Treaty Settlements' disposal of two properties previously designated right of first refusal (RFR) land was lawful.

Download Ngāti Te Ata v The Minister for Treaty of Waitangi Negotiations (324 KB PDF). read more

Trusts – trustee removal – variation application dismissed – Apo

Apo v Hudson - Marenui No 141 and other blocks

Māori Land Court (2019) 227 Waiariki MB 43 (227 WAR 43)

16 December 2019

Two applications seeking the removal of trustees of the Te Kou Tiaki and Rangi Ataahua Green Whānau Trust and one application seeking a variation of the trust order. The Court found that all of the trustees should be removed. However, the application for variation of the trust order was dismissed.

Download Apo v Hudson - Marenui No 141 and other blocks (293 KB PDF). read more

Ownership – fixture – house owned by the parties as tenants in common – Keepa

Keepa - Te Touwai B16A

Māori Land Court (2019) 207 Taitokerau MB 109 (207 TTK 109)

20 December 2019

Application seeking to determine ownership of a house. House held by both parties with relative interests as tenants in common.

Download Keepa - Te Touwai B16A (223 KB PDF). read more

Representation of Māori – Ngāti Wai ki Aotea – whakapapa – issues outside scope of s 30 inquiry – Bayne

Bayne v Trustees of the Ngāti Rehua Ngāti Wai ki Aotea Trust

Māori Land Court [2019] Chief Judge's MB 1432 (2019 CJ 1432)

11 December 2019

The Court dismissed an application to determine the most appropriate persons to represent Ngāti Wai hapū on Aotea (Great Barrier Island) on the basis the issues were inappropriate for an inquiry to determine the most appropriate representatives of a group of Māori.

Download Bayne v Trustees of the Ngāti Rehua Ngāti Wai ki Aotea Trust (228 KB PDF). read more

Chief Judge’s powers – succession order – dismissed – Broughton

Broughton - Piripi Tairawhiti Totorewa

Māori Land Court [2020] Chief Judge’s MB 63 (2020 CJ 63)

4 February 2020

Application to amend a succession order dismissed.

Download Broughton - Piripi Tairawhiti Totorewa (208 KB PDF).

read more

Chief Judge’s powers – succession order – administrative errors only – Te Awe Awe

Te Awe Awe v Te Awe Awe - Estate of Pipi Rakene or Pipi Te Awe Awe

Māori Land Court [2019] Chief Judge's MB 1414 (2019 CJ 1414)

11 December 2019

Application seeking to amend a succession order dismissed.

Download Te Awe Awe v Te Awe Awe - Estate of Pipi Rakene or Pipi Te Awe Awe (258 KB PDF). read more

Chief Judge’s powers – succession – granted – joint tenancy instead of tenancy in common – Clarke

Clarke v Overington 

Māori Land Court [2020] Chief Judge’s MB 35 (2020 CJ 35)

3 February 2020

Application to amend entry of status orders relating to Maketu A Section 39 Block and Lot 2 Deposited Plan South Auckland 25586 and to cancel subsequent succession orders relating to the applicant's husband granted. The applicant and her husband should have been recorded as joint tenants rather than tenants in common.
Download Clarke v Overington (268 KB PDF).

read more

Sir Edward Taihakurei Durie student essay competition 2019 – Ngāi Tai ki Tāmaki Tribal Trust [2018] NZSC 122 and beyond the balancing exercise

Sir Edward Taihakurei Durie student essay competition 2019

Ngāi Tai ki Tāmaki Tribal Trust [2018] NZSC 122 and beyond the balancing exercise

Rhianna Morar read more

2020 Māori Appellate Court judgments – index

This table lists the 2020 judgments of the Māori Appellate Court and contains links to reports about the decisions.

For other years: 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019. Follow this link for the 2020 Māori Land Court judgments index.

read more

2020 Māori Land Court judgments – index

This table lists the 2020 judgments of the Māori Land Court and contains links to reports about the decisions.

For other years: 2010201120122013, 20142015, 201620172018, 2019. Follow this link for the 2020 Māori Appellate Court judgments index. read more