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