Here-turi-kōkā 2020 August – Contents

Ngā Whakaturetanga - Legislation

Te Ture Whenua Māori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 - 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

2020 Māori Land Court judgments - index

2019 Māori Land Court judgments - index

Sir Edward Taihakurei Durie student essay competition 2020

Entries will open in Mahuru for the 2020 Sir Edward Taihakurei Durie student essay competition sponsored by the Māori Law Review. For more information and details on how the competition operates go here. Entries will close at 5 p.m. on Friday 25 Mahuru (September) 2020.


Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Bill – succession

A number of targeted amendments have been made to Te Ture Whenua Māori Act 1993.

The Te Ture Whenua Māori (Succession, Dispute Resolution, and Related Matters) Amendment Bill (Amendment Bill) passed its third reading on 22 July 2020. The Amendment Bill will come into force in January 2021.

Toni Love has prepared a series of articles describing the different areas covered by this law reform exercise. In this article, Toni looks at the Amendment Bill's changes to succession to interests under the legislation. read more

Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Bill – dispute resolution

A number of targeted amendments have been made to Te Ture Whenua Māori Act 1993.

The Te Ture Whenua Māori (Succession, Dispute Resolution, and Related Matters) Amendment Bill (Amendment Bill) passed its third reading on 22 July 2020. The Amendment Bill will come into force in January 2021.

Toni Love has prepared a series of articles describing the different areas covered by this law reform exercise. In this article, Toni looks at the Amendment Bill's changes to dispute resolution mechanisms available under the legislation. read more

Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Bill – jurisdiction of the Court

A number of targeted amendments have been made to Te Ture Whenua Māori Act 1993.

The Te Ture Whenua Māori (Succession, Dispute Resolution, and Related Matters) Amendment Bill (Amendment Bill) passed its third reading on 22 July 2020. The Amendment Bill will come into force in January 2021.

Toni Love has prepared a series of articles describing the different areas covered by this law reform exercise. In this article, Toni looks at the Amendment Bill's changes to the Māori Land Court's jurisdiction. read more

Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Bill – operation of the Court

A number of targeted amendments have been made to Te Ture Whenua Māori Act 1993.

The Te Ture Whenua Māori (Succession, Dispute Resolution, and Related Matters) Amendment Bill (Amendment Bill) passed its third reading on 22 July 2020. The Amendment Bill will come into force in January 2021.

Toni Love has prepared a series of articles describing the different areas covered by this law reform exercise. In this article, Toni looks at the Amendment Bill's changes to the operation of the Māori Land Court. read more

Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Bill – Māori land trusts and incorporations

A number of targeted amendments have been made to Te Ture Whenua Māori Act 1993.

The Te Ture Whenua Māori (Succession, Dispute Resolution, and Related Matters) Amendment Bill (Amendment Bill) passed its third reading on 22 July 2020. The Amendment Bill will come into force in January 2021.

Toni Love has prepared a series of articles describing the different areas covered by this law reform exercise. In this article, Toni looks at the Amendment Bill's changes to the operation of Māori land trusts and incorporations. read more

Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Bill – remedies

A number of targeted amendments have been made to Te Ture Whenua Māori Act 1993.

The Te Ture Whenua Māori (Succession, Dispute Resolution, and Related Matters) Amendment Bill (Amendment Bill) passed its third reading on 22 July 2020. The Amendment Bill will come into force in January 2021.

Toni Love has prepared a series of articles describing the different areas covered by this law reform exercise. In this article, Toni looks at the Amendment Bill's changes to remedies available under the legislation. read more

Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Bill – miscellaneous proposals

A number of targeted amendments have been made to Te Ture Whenua Māori Act 1993.

The Te Ture Whenua Māori (Succession, Dispute Resolution, and Related Matters) Amendment Bill (Amendment Bill) passed its third reading on 22 July 2020. The Amendment Bill will come into force in January 2021.

Toni Love has prepared a series of articles describing the different areas covered by this law reform exercise. In this article, Toni looks at the Amendment Bill's miscellaneous changes. read more

Hōngongoi 2020 July – Contents

Rights of Indigenous peoples

The Sioux tribes’ opposition to the Dakota Access Pipeline - Standing Rock Sioux Tribe v US Army Corps of Engineers (DDC) Civil Action No 16-1534 - Stephen Young

Te Kōti Pīra Māori – Māori Appellate Court

2020 Māori Appellate Court judgments - index

2019 Māori Appellate Court judgments - index

Te Kōti Matua – High Court

Intestacy - administration of estate by natural child adopted out - whānau - Berghan - Estate of Tasman William John Berghan (deceased) [2020] NZHC 1399 - Craig Linkhorn

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Takutai moana - Waitangi Tribunal report on the Marine and Coastal Area (Takutai Moana) Act 2011 - stage one (Wai 2660, 2020) - Zoe Rose-Curnow

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

Te Kōti Whenua Māori – Māori Land Court

2020 Māori Land Court judgments - index

2019 Māori Land Court judgments - index

Ngā Whakaturetanga - Legislation

Indigenous languages in Parliament and legislation - comparing the Māori and Indigenous Australian experience - Julian R. Murphy


Intestacy – administration of estate by natural child adopted out – whānau – Berghan

Berghan- Estate of Tasman William John Berghan (deceased) 

High Court [2020] NZHC 1399

19 June 2020

The Court reversed a registrar's decision refusing to grant the applicant the right to administer her natural father's estate. The applicant was adopted and had retained contact with her natural father and his whānau.

Download Berghan - Estate of Tasman William John Berghan (deceased) (430 KB PDF). read more

Rights of Indigenous peoples – the Sioux tribes’ opposition to the Dakota Access Pipeline – Standing Rock VI

Standing Rock Sioux Tribe v US Army Corps of Engineers (DDC) Civil Action No 16-1534

United State District Court for the District of Columbia

25 March 2020 and 6 July 2020

Dr Stephen Young examines two 2020 judgments in the ongoing dispute about the Dakota Access Pipeline brought by Sioux Indigenous peoples. These judgments deal with whether the pipeline can be used while required environmental impact assessments are outstanding.

Download Standing Rock Sioux Tribe v US Army Corps of Engineers (DDC) Civil Action No 16-1534 and Standing Rock Sioux Tribe v Army Corps of Engineers (Subsequent Determination), --- F Supp 3d ---, 2020 WL 3624426 (DDC)

read more

Takutai moana – Waitangi Tribunal report on the Marine and Coastal Area (Takutai Moana) Act 2011 – stage one

The Marine and Coastal Area (Takutai Moana) Act 2011 inquiry - stage one report

Waitangi Tribunal (Wai 2660, 2020)

29 June 2020

The Waitangi Tribunal has released its stage one report on its inquiry into the Marine and Coastal Area (Takutai Moana) Act 2011. Stage one of the inquiry focused on whether the procedural and resourcing arrangements supporting the Act breached the Treaty of Waitangi and prejudicially affected Māori.

Download The Marine and Coastal Area (Takutai Moana) Act 2011 inquiry - stage one report (1.6 MB PDF). read more

Indigenous languages in Parliament and legislation – comparing the Māori and Indigenous Australian experience

Julian R. Murphy looks at the use of Indigenous languages in parliamentary proceedings and legislation in Aotearoa New Zealand and Australia. read more

Pipiri 2020 June – 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 Pīra Māori – Māori Appellate Court

2020 Māori Appellate Court judgments - index

2019 Māori Appellate Court judgments - index

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

2020 Māori Land Court judgments - index

2019 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

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


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 Pīra Māori – Māori Appellate Court

2020 Māori Appellate Court judgments - index

2019 Māori Appellate Court judgments - index

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

2020 Māori Land Court judgments - index

2019 Māori Land Court judgments - index

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)

24 December 2019

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