Browse contents of Māori Law Review

  • February 2015 Hui tanguru – Contents

    Court of Appeal – Te Kōti Pīra Equity and trusts – private law obligations not owed; standing to bring claims – Proprietors of Wakatū v Attorney-General [2014] NZCA 628 Māori Land Court – Te Kōti Whenua Māori Ownership determination – rightful owner of transferred shares – Trustees of the Horina Nepia & Te Hiwi Piahana Whānau Trust v Ngāti Tukorehe Tribal Committee & Tahamatā Incorporation (2014)314 Aotea MB 159 Injunction – interim injunction preventing a grant of a lease declined – Paerau – Te Komiti 1B2B2 Ahu Whenua Trust (2015) 95 Taitokerau MB 280 Injunction – no equitable relief where applicant arbitrarily refused to engage in processes – Trustees of Maungatautari 4G Section IV Block v Maungatautari Ecological Island Trust – Maungatautari 4G Section IV Block (2014) 90 Waikato Maniapoto […]

  • January 2015 Kohi-tātea – Contents

    Māori Appellate Court – Te Kōti Pira Māori Chief Judge’s powers – no error of law or jurisdiction in order creating roadway over Māori reservation – The Trustees of the Tauwhao Te Ngare Trust v Shaw [2014] Māori Appellate Court MB 394 Māori Land Court – Te Kōti Whenua Māori Trusts:  Partial termination of whānau trust refused – Larkins v Hurae and Ngawaiata Whānau Trust – Waihou Hutoia D2A (2015) 94 Taitokerau MB 120 Appointment of trustees – following 14 years of interim trusteeship – Paora – Te Tii Waitangi A (Waitangi Marae) (2015) 94 Taitokerau MB 134 Appointment of trustees – appointment delayed in light of allegations of impropriety – Kīngi v Eru – Whakapoungakau 24 (2014) Appointment of trustees  – election in accordance with marae […]

  • December 2014 Hakihea – Contents

    Māori Land Court – Te Kōti Whenua Māori Chief Judge’s powers – orders vesting urupā cancelled – Te Rūnanga o Ngāti Awa v Paul – Otara o Muturangi [2014] Chief Judge’s MB 615 Status of land – no change to General land to facilitate sale – Skudder – Tahorakuri A No 1 Sec 8B and Lot 1 DP South Auckland 63822 (2014) 109 Waiariki MB 203 Incorporations – licence to occupy – objective approach to dealings – Pohatu v Muriwhenua Incorporation – Te Hapua 42 (2014) 91 Taitokerau MB 251 Partition – hybrid partition for all owners – Heta – Taiharuru 4C3B (2014) 88 Taitokerau MB 136 Partition – insufficient support and unnecessary – MacDonald v MacDonald – Wairau Blk.XII Sec. 6C 2C (2014) 27 Te Waipounamu MB 68 Partition, ownership – conditional […]

  • November 2014 Whiringa-ā-rangi – Contents

    High Court – Te Kōti Matua High Court appoints Māori trustees to dysfunctional Crown Forestry Rental Trust – New Zealand Māori Council & Ors v Foulkes & Ors [2014] NZHC 2757 Māori Land Court – Te Kōti Whenua Māori Chief Judge’s powers – application of “ten pound rule” not erroneous – Scott – Erueti Te Karu [2014] Chief Judge’s MB 260 Trusts – partial termination, constitution of ahu whenua trust, appointment of trustees – The Māori Trustee v O’Rorke – Pukekohatu 7B (2014) 329 Aotea MB 79 Trusts – review of trust and meetings – owners followed correct procedure – Morris – Ngapini and Tarawa Trust (2014) 36 Takitimu MB 186 Title and occupation – recovery of possession, permanent injunction and compensation – Trustees of Ihaka Whaanga Whānau Trust v […]

  • October 2014 Whiringa-ā-nuku – Contents

    Tūhoe-Crown Settlement Historical background to the Tūhoe-Crown Settlement by Dr Vincent O’Malley Te Wharehou o Tūhoe: The house that ‘we’ built by Professor Rawinia Higgins Address on Tūhoe-Crown Settlement Day by Hon Christopher Finlayson, Minister for Treaty of Waitangi Negotiations (link to New Zealand Government website) Tūhoe-Crown settlement – Tūhoe Claims Settlement Act 2014; Te Urewera report of the Waitangi Tribunal by Dr Carwyn Jones Te Urewera Act 2014 by Dr Jacinta Ruru A transforming dawn? The Service Management Plan by Māmari Stephens Indigenous Law Speaker Series 2014 Rangatahi Courts of Aotearoa/New Zealand – Judge Taumaunu delivered the most recent of our 2014 lunchtime seminars on 24 September 2014 at the Faculty of Law, Victoria University of Wellington. Māori Law Review news Sir Edward Taihakurei Durie student […]

  • September 2014 Mahuru – Contents

    Supreme Court – Te Kōti Mana Nui Customary title to waterways – Paki v Attorney-General (No 2) [2014] NZSC 118 by Baden Vertongen Customary title to waterways – Paki v Attorney-General (No 2) [2014] NZSC 118 – comment by Tom Bennion Customary title to waterways – Paki v Attorney-General (No 2) [2014] NZSC 118 – further comment by Professor Richard Boast High Court – Te Kōti Matua Summary judgment application – succession – Mulder v Heke [2014] NZHC 2098 Māori Land Court – Te Kōti Whenua Māori Chief Judge’s powers – determining the interests of justice – Riwai Mokena v Riwai Morgan Whānau Trust – Estate of Tamati Mokena [2014] Chief Judge’s MB 314 Māori reservations – creating a reservation in the face of a possible public works acquisition of […]

  • August 2014 Here-turi-kōkā – Contents

    Editorial Strategic direction for a busy future by Judge Craig Coxhead Supreme Court of Canada Aboriginal Title – Tsilhqot’in v. British Columbia [2014] SCC 44 by Professor John Borrows Māori Land Court Rights in Māori freehold land – constructive trust to recognise equitable interest – Tipene v Tipene – Motatau 2 Section 49A4F (2014) 85 Taitokerau MB 2 (85 TTK 2) Occupation orders – grant made on basis of discussion between majority owners – Smith – Taheke 2 Block (2014) 84 Taitokerau MB 166 Waitangi Tribunal Active protection – The Interim Report on the MV Rena and Motiti Island Claims (Pre-publication) (Wai 2391, 2393, 2014) by Dr Carwyn Jones Indigenous Law Speaker Series 2014 Lex Aotearoa – Hon Justice Joseph Williams delivered the most recent of our 2014 lunchtime seminars on […]

  • July 2014 Hōngongoi – Contents

    Supreme Court Trustee conflicts of interest – Naera v Fenwick [2014] NZSC 58 High Court Judicial review – unlawful delegation of Waitangi Tribunal decisions – Baker v Waitangi Tribunal [2014] NZHC 1176 by Leo H Watson Judicial review – use of land in a Treaty settlement – Ririnui v Landcorp Farming Limited and others [2014] NZHC 1128 by Leo H Watson Māori Appellate Court Injunctions – Taueki v Horowhenua Sailing Club – Horowhenua 11 (Lake) Block [2014] Māori Appellate Court MB 60 by Craig Linkhorn Trusts – variation  – Clarke v Downs – Lake Taupō Forest Trust [2014] 2014 Māori Appellate Court MB 16 by Craig Linkhorn Māori Land Court Costs – award made against the sole surviving trustee – Gemmell v Gemmell – Mohaka A4 Trust (2014) 32 Takitimu MB 174 Seafood sector Māori in […]

  • June 2014 Pipiri – Contents

    High Court Judicial review – use of land in a Treaty settlement – Ririnui v Landcorp Farming Limited and others [2014] NZHC 1128 by Leo H Watson Māori Land Court Alienation – proposed mortgage contravened Te Ture Whenua Māori Act and breached statutory trust – Sanders v King – Part Parish of Whangape Lot 15B and Parish of Whangape Lot 15C (Urupā) (2014) 81 Waikato Maniapoto MB 109 Seafood sector Māori in the seafood sector (fisheries and aquaculture) – the year in review by Justine Inns Print version Download the Māori Law Review June 2014 (480 KB PDF).

  • May 2014 Haratua – Contents

    High Court Use of land held for public works in Treaty of Waitangi settlements – Kane v Attorney-General [2014] NZHC 251 by Lisa Hansen Māori Land Court Trusts – management – trust adhering to order and acting prudently – Eriha v Munro – Kairakau Lands Trust (2014) 32 Takitimu MB 84 Trusts – appointment of trustees – block voting appropriate in Māori trusts – Sigley – Te Tii (Waitangi) B3 Trust (2014) 80 Taitokerau MB 233 Partition – urgent directions sought on 2009 orders – Studer – Rangitaiki Allotment 28C1 (2014) 97 Waiariki MB 294 Incorporation – no need to conduct investigation – Bennett v Proprietors of the Waipiro A22B3 Incorporation – Waipiro A22B3 Block (2014) 39 Tairāwhiti MB 257 Settlements Ruruku Whakatupua Te Mana o te Awa […]

  • April 2014 Paenga-whāwhā – Contents

    Māori Land Court Trusts – trustees replaced as they no longer command the support of the owners – Sullivan v Sullivan-Teepa – Te Haroto 2B2B Trust (2014) 31 Takitimu MB 138 Status of land and indefeasibility – Crown grant extinguished customary title – Moananui v Cape Kidnappers Station Limited – Rangaika Native Reserve, Cape Kidnappers (2014) 31 Tākitimu MB 179 Partition – insufficient support and unnecessary – Melrose – Torere Section 64 Incorporation (2014) 94 Waiariki MB 28 Occupation orders – order granted in spite of objections – Hata – Opape 3C3B (2014) 95 Waiariki MB 60 Occupation orders – order not granted where there was limited support – Jahnke – Waipiro M T Sec.5 Blk X (2014) 38 Tairawhiti MB 274 Waitangi Tribunal Remedies – the Mangatū Remedies Report (Wai 814, […]

  • March 2014 Poutū-te-rangi – Contents

    Supreme Court Criminal law, the use of force in defence of property – standing up for a fragile lake – Taueki v R [2013] NZSC 146 High Court Status of land – Jensen v Registrar General of Land [2013] NZHC 3525 Māori Land Court Injunction – preliminary determination of ownership of dwelling – Akura Lands Trust v Te Whata – Akura 1C 3B 2 (2014) 29 Tākitimu MB 199 Chief Judge’s powers – erroneous exclusion from succession – MacFarlane v Trustees of the K & T MacFarlane Whānau Trust [2014] Chief Judge’s MB 127 Status of land – land General land on transfer to non-Māori purchasers – Dobson – Ahipara 2B47 (2014) 74 Taitokerau MB 179 Trusts: Appointment of interim trustees to the Waikaremoana Reserves […]

  • February 2014 Hui tanguru – Contents

    High Court of Australia Criminal law, sentencing and ethnicity – Bugmy v The Queen [2013] HCA 37 Court of Appeal Criminal law, sentencing and ethnicity – Mika v R [2013] NZCA 648 Criminal law, application of tikanga Māori – Mason v R [2013] NZCA 310 Māori Appellate Court Costs – award made akin to civil litigation – Nicholls v Trustees of WT Nicholls Trust (2014) Māori Appellate Court MB 2 Māori Land Court Status of land – status will not be changed on the basis of mere possibilities – Hohaia – Ahipara 73B2A (2014) 72 Taitokerau MB 50 Costs – award made akin to civil litigation – Nicholls v Trustees of WT Nicholls Trust (2014) Māori Appellate Court MB 2 Trusts – removal of trustees, […]

  • January 2014 Kohi-tātea – Contents

    Court of Appeal Criminal law, sentencing and ethnicity – Mika v R [2013] NZCA 648 Māori Appellate Court Appeals – leave to appeal out of time – applicant unable to demonstrate sufficient cause – Nicholls v Nicholls – W T Nicholls Trust [2013] Māori Appellate Court MB 636 Māori Land Court Trusts – management – approach generally sound – Corrigan – Ngatihine H2B (2014) 71 Taitokerau MB 72 Occupation orders – order made for large site – Bhana v Paniora – Wairau North 1B2C  (2014) 71 Taitokerau MB 35 Waitangi Tribunal Urgent inquiry into reform of the Māori Community Development Act 1962

  • December 2013 Hakihea – Contents

    Māori Land Court Practice Note – November 2013 – citation of Māori Land Court and Māori Appellate Court decisions Chief Judge’s powers – succession to Tītī Islands confined to blood descendants – Coote – Titi Islands [2013] Chief Judge’s MB 1018 Vesting land in hapū – Manuirirangi v Parininihi ki Waitotara Incorporation – Waiokura Te Kauae blocks (2013) 311 Aotea MB 104 Status of land – no change to General land simply so land can be sold – Manunui v Church – Lot 37-49 DP 34051 (2013) 313 Aotea MB 260 Trusts – appointment of trustees – no appointment where relationship may cause bias – Brown v Brownlie – Pipituangi A Ahu Whenua Trust (2013) 36 Tairāwhiti MB 78 Trusts – interim decision – trustee entitled to […]

  • November 2013 Whiringa-ā-rangi – Contents

    High Court Assessing the relative strength of customary interests – Ngati Rahiri Hapu o Te Atiawa (Taranaki) Society Inc v New Zealand Historic Places Trust [2013] NZHC 2746 Māori Appellate Court Injunction – trustees are entitled to control who occupies trust lands – Nicholls v Nicholls – WT Nicholls Trust [2013] Māori Appellate Court MB 598 Alienation – illegality of registration does not affect indefeasible title – Muraahi v Phillips Rangitoto Tuhua 55B1B and 55B1A2 (Manu Ariki Marae) [2013] 2013 Māori Appellate Court 528; [2013] 2013 Māori Appellate Court 561 Māori Land Court Chief Judge’s powers – erroneous vesting of life interest – Heke v Heke – Estate of James Heke [2013] Chief Judge’s MB 996 Alienation – sale of undivided interests outside of the preferred class of alienees prohibited – […]

  • October 2013 – Contents

    Court of Appeal Trustees – unsatisfactory conduct; removal upheld – Rameka v Hall [2013] NZCA 203 High Court Judicial Review – Registration of wāhi tapu – extension of boundary – Waikanae Christian Holiday Park Inc v New Zealand Historic Places Trust Maori Heritage Council [2013] NZHC 2319 Māori Appellate Court Stay against injunction pending appeal – refusal upheld – Nicholls v Trustees of the W T Nicholls Trust – W T Nicholls Trust [2013] Māori Appellate Court MB 515 Māori Land Court Chief Judge’s powers – legal adoption does not sever blood connection to land – Anderson – Estate of Paul Anderson [2013] Chief Judge’s MB 783 General land status determined – no role for Court in ordering succession – Walker v Sinclair – Lot […]

  • September 2013 – Contents

    Māori Appellate Court Withdrawal from a mandated iwi organisation under the Māori Fisheries Act 2004 – Te Rūnanga o Ngāti Hine v Te Rūnanga ā iwi o Ngāpuhi (2013) Māori Appellate Court MB 89 Costs award – Pirika v Eru (2013) Māori Appellate Court MB 285 Māori Land Court Status of land Status of land – administration of estate; land assumed Māori freehold land – Deputy Registrar – Lot 1 DP 2811 (2013) 18 Te Waipounamu MB 287 Appeals Stay against injunction pending appeal – concurrent jurisdiction of first instance and appellate court – Nicholls v Nicholls (2013) 55 Waikato Maniapoto MB 288 Trusts Applicants absolved from personal liability for decision of majority of trustees – Bidois v Trustees of Te Rimu […]

  • August 2013 – Contents

    Court of Appeal Trustees – conflicts of interest – Naera v Fenwick [2013] NZCA 353 Māori Land Court Representation No utility in determining representatives for Treaty settlement negotiations where Crown does not agree to be bound – Te Toki – Hako Hauraki (2013) 2013 Chief Judge’s MB 456 Chief Judge’s Powers Roadway order cancelled subject to conditions – The Trustees of Tauwhao Te Ngare Trust v Shaw – Tauwhao Te Ngare Block [2013] Chief Judge’s MB 567 Exceptional evidence required to amend historic orders – Payne – Estate of Hami Te Maunu [2013] Chief Judge’s MB 598 Ahu whenua trust cancelled – Skerrett-White – Allotments 302-315 Town of Richmond and Richmond Township Allotments 18-20 (2013) Chief Judge’s MB 473 Vesting of gifted shares cancelled – […]

  • July 2013 – Contents

    Special Issue – Māori Law Review symposium on the Treaty of Waitangi and the constitution – 12 June 2013 Background to the symposium The Treaty in the constitution conversation – Craig Linkhorn Māori, the Treaty and the Constitution – Rt. Hon. Sir Geoffrey Palmer QC Transition from tradition to modernity – Colin James Māori constitutionality (and the Treaty of Waitangi) – Māmari Stephens The Treaty as a normal part of our public life – Amy Dixon How should we change the way we do business with one another? – Duran Moy Giving greater effect to Treaty obligations in our constitution would be good for our natural environment – Emma Smith A constitution includes a hapū, whānau, iwi and Crown relationship […]

  • June 2013 Pipiri – Contents

    Māori Land Court Occupation orders – Court declined to cancel occupation orders – Hemi – Te Pupuke E1G1A (2013) 60 Taitokerau MB 151 Status of land – Shepherd v Popata – Konoti A No5 South 2B2 (2013) 57 TTK 47 Special aid, retrospective application – Wano v Ngāti Hineuru Iwi Incorporated (2013) 22 TKT 276 Trusts: Trust obligations, enforcement – Lomax v Apatu – Awarua o Hinemanu Trust (2013) 22 TKT 282 Removal of trustee – Waho-Blayney v Taueki – Ihaia Taueki Trust (2013) 303 Aotea MB 81 Trusts – variation – lower Court erred by basing its decision on evidence received after the hearing had concluded – Tatere – Mangatainoka No 1BC No 2C, Tamaki 2A2A (Balance) [2013] 2013 Māori Appellate Court MB 243 Incorporations: Special General Meeting […]

  • May 2013 – Contents

    Editorial Māori land, unlocking the potential – Judge Craig Coxhead Canada A step forward for indigenous rights jurisprudence and an opportunity for New Zealand – Manitoba Métis Federation (Inc) v Attorney-General (Canada) [2013] SCC 14 Māori Appellate Court Reference to extrinsic material to resolve ambiguity in definition of beneficiaries of whenua topu trust – Pirika v Eru (2013) 2013 Māori Appellate Court MB 127 Alienation – gifted interests were not held on trust – Morrison v Trustees of the Trevor and Dina Maxwell Whānau Trust – Arataua A [2013] 2013 Māori Appellate Court MB 189 Costs – award made against Ngāti Hine – Te Rūnanga o Ngāti Hine v Te Rūnanga ā Iwi o Ngāpuhi (2013) Māori Appellate Court MB 173 Māori […]

  • April 2013 – Contents

    High Court The consequences of not responding to consultative efforts – Greenpeace of New Zealand Inc v The Minister of Energy and Resources [2012] NZHC 1422 Failure to establish trust obligations at Wakatū – Proprietors of Wakatū Inc v Attorney General [2012] NZHC 1461 Māori Appellate Court Trusts – partial termination – lower Court did not have regard to relevant considerations – Larkins v Kaitaia – Waihou Hutoia D2A Block [2013] 2013 Maori Appellate Court MB 159 Māori Land Court Trusts – standing – applications framed against responsible trustee not former trustees – Clarke v Gray – Poukawa 9G and others (2013) 23 Takitimu MB 92 Withdrawal of an application to the Court – Dovey Property Holdings Limited – Orokawa 3B Part Lot 8 DP41892 (2013) 57 […]

  • March 2013 – Contents

    Supreme Court Partial privatisation no material impairment to remedying Treaty breaches – New Zealand Maori Council v Attorney-General [2013] NZSC 6 Māori Land Court Partition – insufficient support and unnecessary – Tohiariki – Section 1F No 2 Parish of Katikati (2013) 54 Waikato Maniapoto MB 31 Choosing an effective administrative structure – Kahukura v Moore – Manukōrihi 1B Section 2 (2013) 299 AOT 153 Trusts – extension of interim trustees’ term, appointment of replacement trustee – Severne – Lake Rotoaira Trust (2013) 298 Aotea MB 267 Trusts – removal of trustees – appeal dismissed where trustees found to have acted unsatisfactorily – Tatere v Te Aute Trust Board – Mangatainoka No 1BC No 2C, Tamaki 2A2A (Balance) [2013] 2013 Māori Appellate Court 105 Resource Management Māori interests in natural resource […]

  • February 2013 – Contents

    Sir Edward Taihakurei Durie student essay competition 2012 Takamore v Clarke [2011] NZCA 587: The Most Significant Legal Development Affecting Māori – Laura Lincoln Supreme Court What does Takamore mean for tikanga? – Takamore v Clarke [2012] NZSC 116 Court of Appeal Boundaries to land – Chief Executive Land Information New Zealand v Te Whanau o Rangiwhakaahu Hapu Charitable Trust [2013] NZCA 33 High Court More on Mason: Cultural factors in sentencing – R v Mason [2012] NZHC 1849 Māori Appellate Court Partition of land refused – Whaanga v Trustees of the Anewa Trust – Anewa Block (2013) 2013 Māori Appellate Court MB 45 Māori Incorporations – determining that land is investment land – Marumaru v Waipakuranui Incorporation (2012) Māori Appellate […]

  • January 2013 Kohi-tātea – Contents

    Māori Appellate Court Possession – mortgagee granted possession – orders of the lower Court substituted – Rangitukunoa v Koning – Matapihi 1A3D4C1 [2012] 2012 Maōri Appellate Court MB 690 Jurisdiction – no determination – interlocutory orders or directions are not susceptible to appeal – Davis v Mihaere – Torere Reserves Trust [2012] Māori Appellate Court MB 641 Jurisdiction – Appellate Court has no jurisdiction to hear matters simply referred from a Judge in Chambers – Bowers – Estate of Elizabeth Victoria Rodger Thorpe (Shepherd) [2012] 2012 Māori Appellate Court MB 686 Costs – previous award altered – Muru v Te Aho – Maungatautari 4G Section IV Block (2013) Māori Appellate Court MB 5 Māori Land Court Chief Judge’s power to correct errors – Proprietors of Potikirua Block Incorporated v Te Kani – […]

  • December 2012 Hakihea – Contents

    Supreme Court Supreme Court rules on body burial clash – Takamore v Clarke [2012] NZSC 116 High Court High Court rejects Māori Council water rights case – New Zealand Māori Council v Attorney-General [2012] NZHC 3338 Māori Land Court Injunction – no serious question to be tried – Orbell v Rowallan Block XIII Section 1 and 5 Ahu Whenua Trusts – Rowallan Block XIII Section 1 and 5 Ahu Whenua Trusts (2012) 16 Te Waipounamu MB 53 Status of land – no jurisdiction for Māori Land Court to declare status of foreshore and seabed – Pue – Te Ika a Maui (2012) 295 Aotea MB 13 Status of land – no change to General land solely for purpose of sale – Taura […]

  • November 2012 Whiringa-ā-rangi – Contents

    Editorial Legislation to restore character, mana, and reputation – Mokomoko (Restoration of Character, Mana, and Reputation) Bill Māori Appellate Court Appeals – leave to appeal out of time granted after reasonable explanation provided – Muraahi v Phillips – Rangitoto Tuhua 551B and 55B1A2 (Manu Ariki Marae) [2012] 2012 Maori Appellate Court MB 568 Māori Land Court Sale of shares – trustee not prevented from purchasing shares – Solomon v Smith – Te Awapatiki No 2A1 and other Blocks [2012] Māori Appellate MB 563 Occupation orders – orders to trust land cannot be granted without consent of trustee – Goldsmith – Marangairoa C12 (2012) 27 Waiariki MB 40 Partition – order not granted where parties could not agree to scheme plans – Matchitt – Te Kaha 65 (2012) 65 Waiariki MB 120 Partition, […]

  • October 2012 Contents

    Editorial Deputy Chief Judge Caren Fox – Re-launching the waka (3) Court of Appeal Validity of trustee appointments – Tito v Tito [2012] NZCA 493 High Court Control over whānau taonga – Jones v Wickliffe [2012] NZHC 1960 Māori Appellate Court Security for costs – appeal dismissed for failure to comply with Court directions – Whaanga v Ihaka Whaanga Whanau Trust – Town Section 90 Mahia & Town Section 91 Mahia [2012] 2012 Maori Appellate Court MB 538 Costs – costs reasonably incurred as starting point – Henare v Māori Trustee – Parengarenga 3G [2012] 2012 Māori Appellate Court MB 540 Māori Land Court Rehearing – application submitted outside 28 day period – Te Purei – Rahui A12D (2012) 25 Tairawhiti MB 272 Status of land – status […]

  • September 2012 Contents

    Editorial Carwyn Jones – Re-launching the waka (2) Māori Appellate Court Trusts – termination of whenua tōpū trust – appeal dismissed – Karena v Pita – Whangaruru Whakaturia 1D9A & 1D10A [2012] 2012 Maori Appellate Court MB 451 Trusts – variation – ownership entitlements – Jaggard v Carver – Waikawa Village Section 2B 3B Lot 4 and Lot 5 DP 3660 [2012] 2012 Māori Appellate Court 525 Māori Land Court Chief Judge’s powers – not a rehearing or appeal jurisdiction – Ruka – Taheke 23A [2012] Chief Judge’s MB 416 Chief Judge’s powers – transfer order based on outdated valuation cancelled – Welsh – Taiharuru 4C3 [2012] Chief Judge’s MB 398 Review of trust and defective lease – Te Paa, Ahipara A33 (2012) 47 TTK 3 Waitangi Tribunal […]

  • August 2012 Contents

    Editorial Tom Bennion on the Māori Law Review – re-launching the waka Court of Appeal Transferring Māori freehold land by will to persons “related by blood” – Kameta v Nicholas [2012] NZCA 350 Māori Land Court   Partition – insufficient evidence to assess whether requirements met – Wilson – Waiwakaiho H2B (2012) 288 Aotea MB 63 Resignation of trustees and appointment of independent trustee – Rātima v Sullivan – Tataraakina C Trust  (2012) 18 Takitimu MB 75 Waitangi Tribunal Māori claims to rights over water – Waitangi Tribunal recommends halt to partial privatisation of State-owned power companies (Wai 2358, 24 August 2012) Settlement negotiations measured against the Treaty of Waitangi – The Port Nicholson Block Urgency Report (Wai 2235, 2012) Māori claims to rights […]

  • July 2012 Contents

    Supreme Court Rivers as navigable public highways – Paki v Attorney-General Supreme Court [2012] NZSC 50 Māori Land Court and Māori Appellate Court Appointment of trustees – voting procedure and participation levels – Rihia v Te Rūnanganui o Ngāti Hikairo Discharge of interim injunction to prevent eviction from Māori land; no serious question – Kerr v Stewart District, Youth and Family Courts Announcing court sittings in te reo Māori and English Waitangi Tribunal Māori claims to rights over water – Tribunal issues interim direction urging halt to partial privatisation of State-owned power companies Print Version Download Māori Law Review July 2012 (540 KB PDF) Māori Law Review news Student essay competition – undergraduate law students of Victoria University of Wellington are invited to […]

  • June 2012 Pipiri – Contents

    High Court Application of tikanga Māori (Māori customary law) to criminal trial and sentencing processes R v Mason [2012] NZHC 1361 Māori Land Court and Māori Appellate Court High threshold to succeed on appeal against costs awards Nikau v Te Rongomau (2012) 2012 Māori Appellate Court MB 300 Interim injunction to prevent eviction from Māori land Kerr v Albert (2012) 55 Waiariki MB 146 Injunction – trustee wrongfully in receipt of rental proceeds – Māori Trustee v Te Pou – Waiohau a Section 4B (2012) 55 Waiariki MB 124 Trustee elections, postal ballots and statutory declarations of entitlement Trustees of Lake Horowhenua Trust (2012) 285 Aotea MB 135 Partition – not reasonably necessary – Whaanga – Anewa (2012) 22 Tairawhiti MB 167 Māori reservation – […]

  • May 2012 Contents

    Court of Appeal Road at Papaaroha – possession orders to remove occupiers; leave sought for a second appeal – Henare v Thames Coromandel District Council [2012] NZCA 179 Māori Land Court and Māori Appellate Court Injunction – interference with tangihanga would not be in the interests of justice – Malcolm-Davies – Ngararatunua A2B3C and A2B3D (2012) 39 Taitokerau MB 293 Proposed ex-gratia payment to trustee – Mika – Te Manawa o Tuhoe Obtaining owners’ views on establishing an ahu whenua trust – Maori Trustee – Rotokautuku 1J1 Traditional ownership of tāonga tūturu found at Plimmerton beach – Chief Executive, Ministry for Culture and Heritage Trusts – removal of trustee – application dismissed – Hart – Okoha section 5 block VIII Gore SD (2012) 12 Te Waipounamu […]

  • April 2012 – Contents

    Māori Appellate Court Costs – Rameka v Hall – Opepe Farm Trust (2012) Māori Appellate Court MB 167 (2012 APPEAL 167) Costs – Māori Land Court Special Aid Fund – Ripia (2012) Māori Appellate Court MB 175 (2012 APPEAL 175) Status of land – effect of status order to amend earlier partition – Toroa – Te Kuri X53 and other blocks (2012) Māori Appellate Court MB 157 (2012 APPEAL 157) Roadways – errors of law – appeals allowed – Ngunguru Coastal Investments Ltd v Climo – Horahora 1B4A2D1 and others [2012] 2012 Maori Appellate Court MB 80 Māori Land Court Injunction – trustees’ application to remove occupant refused – The Trustees of Oweta 4B v Riki – Oweta 4B (2012) 21 Tairāwhiti MB 190 Trespass and […]

  • March 2012 Contents

    High Court Funding claimant groups for negotiation in preference to litigation – Taueki v Crown Forestry Rental Trust (High Court, Wellington CIV 2011-485-1497) Māori Appellate Court Applications for rehearing – Henare v Māori Trustee – Parengarenga 3G (2012) 2012 Māori Appellate Court MB 1 Trustees – removal – Rudd Senior v Proctor – Horowhenua 11 (Lake) Trust (2012) 2012 Maori Appellate Court MB 107 (2012 APPEAL 107) Costs – appeal against costs award dismissed – Vercoe v Barns- Parish of Matata 39A2A and 39A2B2B2A (2012) Māori Appellate Court MB 149 2012 APPEAL 149) Waitangi Tribunal No urgent inquiry into use of the Mangawhai forest in settlement of Ngāti Manuhiri historical claims – Kapea and Beazley on behalf of themselves and Ngā […]

  • February 2012 Contents

    Māori Land Court Partition – order granted where application filed because of bank policy – Te Puni – Ngawhakatutu A11A1 (2012) 20 Tairawhiti MB 232 Status of land – Māori Incorporation land deemed Māori freehold land – Marumaru v Waipakuranui Incorporation (2012) 279 Aotea MB 137 Trusts – appointment of trustees – debtor to the Trust cannot be trustee – Phillips v Gemmell – Mohaka A4 Trust (2012) 13 Tākitimu MB 264 Waitangi Tribunal Ko Aotearoa Tēnei (A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity) (Wai 262, 2011) Ko Aotearoa Tēnei – background to the report on the Wai 262 claim Ko Aotearoa Tēnei – perfecting the Treaty partnership Ko Aotearoa Tēnei – taonga and intellectual property Ko Aotearoa […]

  • January 2012 Kohi-tātea – Contents

    Māori Land Court Status of land – change to General land to facilitate obtaining finance – Ngatai – Te Puna Parish 154D5A1 (2012) 34 Waikato Maniapoto MB 111 Trusts – appointment of trustees – nominee appointed despite ongoing proceedings and statement of proposed future litigation – Tukapua v Taueki – Horowhenua Block 11 (2012) 278 Aotea MB 172

  • December 2011 Hakihea – Contents

    Editorial 2011 general election and government formation Māori Land Court Changing the status of Māori freehold land – Warin and Jensen (2011) 30 TTK 37 Trusts – review – Māori Trustee appointed responsible trustee – Māori Trustee – Huriwai Family Trust (2011) 13 Takitimu MB 17 Trusts – trustee appointment – insufficient evidence to determine nominee acceptable – Fenwick – Whakapoungakau 24 (2011) 45 Waiariki MB 252 Trusts – trustee removal – Māori Trustee retained with owner support – Ransfield – Poukawa 9E2 (2011) 13 Takitimu MB 102 Legislation Treaty Settlement Legislation before the House of Representatives in 2011 Print Version Download the Māori Law Review December 2011 (352 KB PDF).

  • November 2011 Contents

    Court of Appeal Customary law as part of the common law – burial; executor’s duties – Takamore v Clarke and Anor [2011] NZCA 587 High Court Road at Papaaroha – possession orders to remove occupiers – Henare and others v Thames Coromandel District Council High Court, Hamilton (CIV-2010-419-1487) Māori Appellate Court Representatives for Ngā Ruahine – Pue and Manuiririrangi v Ngā Hapū o Ngā Ruahine Iwi Inc (2011 Appeal MB 577) Māori Land Court Injunction – order sought was a  blunt instrument and not appropriate – Trustees of Horina Nepia and Te Hiwi Piahana Whānau Trust v Tahamata Incorporation – Tahamata Incorporation (2011) 274 Aotea MB 203 Status of land – Savage-Pickett – Section 15B3 Block VIII Tairua Survey District (2011) 30 Waikato-Maniapoto MB 201 […]

  • October 2011 Contents

    Māori Appellate Court Trustees – failure to act prudently; removal upheld – Rameka v Hall – Opepe Farm Trust (2011) Māori Appellate Court MB 535 (2011 APPEAL 535) Application to stay decision pending appeal – Tito v Tito – Mangakahia 2B2 No 2A1A (2011) Māori Appellate Court MB 527 (2011 APPEAL 527) Case stated – Court declined to hear the case stated as presently formulated – Jones v Wickliffe [2011] 2011 Maori Appellate Court MB 568 (2011 APPEAL 568) Māori Land Court Māori reservation – tangata whenua opposed creation of reservation – Gibbs v Te Runanga o Ngati Tama – Part Lot 2 & Lot 1 DP 4866 (TNK 4/901) and Setion 1 SO 10359 CT TNK 4/792 (2011) 274 Aotea MB 47

  • August 2011 Here-turi-kōkā – Contents

    Māori Appellate Court Succession – whakapapa link sufficient for a disposition by will – Nicholas v Kameta – Estate of Whakaahua Walker Kameta, Te Puke 2A2A3B1 and 2A2A3B2 [2011] 2011 Māori Appellate Court MB 500 Partition – lower Court erred in its approach – Whaanga v Niania – Anewa Block [2011] 2011 Maori Appellate Court MB 428 Occupation orders – Erlbeck v Ham – Marangairoa C12 (2011) Māori Appellate Court MB 340

  • July 2011 Hōngongoi – Contents

    Māori Appellate Court Easements – sufficiency of support to be determined on a case by case basis – Smith v Courtney – Ohuirua No 2 Block [2011] Māori Appellate Court MB 284 Stay – appeal would not be rendered nugatory if stay was not granted – Naera v Fenwick – Whakapoungakau 24 Trust [2011] Māori Appellate Court MB 301 Māori Land Court Injunction – respondents to remove encroaching structures – Pue v Tapatu – Okawa A1B (2011) 268 Aotea MB 93

  • June 2011 Pipiri – Contents

    Māori Appellate Court Trusts – enforcement – former trustee could not use capacity as beneficial owner to criticise trust for litigation involving him – Brownlie Māori Land Court Status of land – ownership determined, title irregularities addressed – Cooper- Nathan – Motatau 5A2A2 (2011) 22 Taitokerau MB 177 Māori reservation – application for rehearing of status determination granted – Merito – The Moutoki, Tokata and Rūrima Islands (2011) 34 Waiariki MB 176

  • April 2011 Paenga-whāwhā – Contents

    Māori Appellate Court Alienation and status of land – alienation not contrary to Te Ture Whenua Māori Act 1993, change to General land to facilitate sale appropriate – Manning – Kirikiri Pawhaoa B2A1 [2011] Māori Appellate Court MB 215 Occupation orders – Rudolph v Reti – Otetao B3A2 [2011] Māori Appellate Court MB 143 Māori Land Court Occupation orders – competing applications – Gough – Pataua 4B (2011) 19 Taitokerau MB 1

  • March 2011 Poutū-te-rangi – Contents

    Māori Land Court Possession – second mortgagee granted possession of property – Koning v Smith – Matapihi 1A 3D 4C 1 Block (2011) 18 Waikato Maniapoto 220 Partition, occupation orders – occupation order granted, partition not necessary – Kelly – Mimitu Ruarei 13A (2011) 18 Taitokerau MB 45 Partition – ahu whenua trust proposed as an alternative – Selwyn v Hobson (2011) 18 Taitokerau MB 1 Occupation orders – contested applications – Tautari – Mohinui 3B2B (2011) 18 Taitokerau MB 6 Trusts – appointment of trustees – refusal to appoint trustee – Te Tii Waitangi B3 (2011) 17 Taitokerau MB 294

  • January 2011 Kohi-tātea – Contents

    Māori Land Court Injunction – respondents acting in accordance with District Court orders – Reeves v Gardiner – Waikawa Village Section 15C (2011) 7 Te Waipounamu MB 39

  • November 2010

    Māori Appellate Court Injunctions – Te Hokowhitu v Proprietors of Matauri X – Matauri X (2010) Māori Appellate Court MB 566 Māori Land Court Partition – possibility of a hybrid partition raised – Heta – Taiharuru 4C3B (2010) 13 Taitokerau MB 203 Occupation orders – Hickmott – Torere Section 11 (2010) 17 Waiariki MB 35 Traditional ownership of taonga tuturu found in Oruaiti River – Chief Executive Ministry for Culture and Heritage (2010) 17 Taitokerau MB 277 Injunction – applicant had right of access but nothing more – Yates v Te Kohanga Lots 1 and 3-27 Trust – Te Kohanga Lots 1 and 3-27 (2010) 13 Taitokerau MB 36

  • September 2010 Mahuru – Contents

    Māori Land Court – Te Kōti Whenua Māori Māori reservation – termination of trusteeship – Pita v Ngatiwai Ki Whangaruru Whenua Tōpū Trust Board – Whangaruru Whakaturia 1D9A & Whangaruru Whakaturia 1D10A (2010) 10 Taitokerau MB 40

  • June 2010 Pipiri – Contents

    Māori Appellate Court Chief Judge’s powers – standard of proof, delay, indefeasibility and implied trusts – Tau v Ngā Whānau o Morven and Glenavy – Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167

  • May 2010 Contents

    MĀORI LAND & APPELLATE COURT Māori Land Court — Tamati v Wainohu Removal of trustees Māori Appellate Court — In Re Apatu v Puna Removal of trustees Māori Land Court — Wall v The Maori Land Court—Tauhara Middle 15 Trust and Tauhara Middle 4A2A Trust Change in directions for election of trustees OTHER COURTS & TRIBUNALS High Court — Minhinnick v Attorney-General Application to prohibit passing of a bill Download Maori Law Review May 2010 (236 KB PDF)

  • April 2010 Contents

    MĀORI LAND & APPELLATE COURT Māori Land Court—In Re Pukeroa Oruawhata Ahu Whenua Trust Application to vary a trust order OTHER COURTS & TRIBUNALS District Court—Police v Watene High Court—Dorchester Finance Ltd v Ngahuia Ltd Liability of individual trustees in trust party to a defaulted loan agreement High Court—Davis v Executor of the Will of Anna Ashford Jurisdiction regarding vesting orders of Māori freehold land Download Maori Law Review April 2010 (225 KB PDF)

  • March 2010 Contents

    MĀORI LAND & APPELLATE COURT Māori Land Court — In Re Ngā Tāonga Tūturu & Holden, Ministry of Culture and Heritage Ownership under Protected Objects Act 1975 Māori Land Court — In Re Ellis & Matapihi 1B2C2D Gift and return of shares Māori Land Court — Ross v Te Moni—Otumoko B4 Lessee’s right of exclusive possession Māori Appellate Court — Kemp v Kemp Jurisdiction to make orders for payment of money without consent of trustees Māori Appellate Court — Re Lot 300, Parish of Waioeka Status of confiscated land returned by way of Crown grant OTHER COURTS & TRIBUNALS Family Court—BAEP v ATG High Court—Donnelly v Waitangi Tribunal Download Maori Law Review March 2010 (253 KB PDF)

  • February 2010 Contents

    MĀORI LAND & APPELLATE COURT Māori Land Court—In Re Ngāti Maru Trust – Establishment of a whenua tōpu trust OTHER COURTS & TRIBUNALS High Court—Haronga v Waitangi Tribunal – Waitangi Tribunal declining an urgent hearing seeking forestry resumption orders Court of Appeal—Paki v AG – Whether the Crown holds parts of the Waikato River Bed in trust Download Maori Law Review (243 KB PDF)

  • December-January 2010 Contents

    EDITORIAL Fiduciary duty—does it have a future? MĀORI LAND COURT & APPELLATE COURT Maori Land Court — In Re Naera: Commercial disclosure requirements for a review of trust Maori Appellate Court — Samuels v Matauri X: Appeal re costs award Maori Appellate Court — In Re Cumming: Principles applying to an application for easement over Maori freehold land Maori Land Court — In Re Rupapera: Removal of trustees, very large investment without oversight, although subsequently repaid Maori Land Court — In Re Livingstone: Injunction to prevent 1080 poison drop OTHER COURTS AND TRIBUNALS High Court — Mair v Waitangi Tribunal: When can an urgent hearing can be declined? Environment Court — Te Rarawa v Northland RC: Advice notes in resource consents Environment Court — Kaiawha v BOPRC: Mana whenua & relationships recognised by the RMA Human Rights Review Tribunal — Rerekura: Costs award […]

  • December 2009 Hakihea – Contents

    Māori Appellate Court Costs – Samuels v Matauri X Incorporation – Matauri X Incorporation (2009) 7 Taitokerau Appellate 216 Māori Land Court Chief Judge’s powers – insufficient evidence to overturn vesting orders – Ratahi v Oke – Rangitaiki 28B, 12B, 2B, 2A [2009] Chief Judge’s MB 410

  • November 2009 Contents

    MĀORI LAND COURT Nicholls & Others v Nicholls & Others–trespass orders among common owners HIGH COURT Westpac v Ngā Uri Whakatipurunga O Ngarae (Inc) Ngā Uri Whakatipurunga O Ngarae (Inc) v Marac Marac Finance v Twilight Trustee Ltd – disputed mortgagee sale of Māori land Ngā Uri Whakatipurunga O Ngarae (Inc) v Marac – indemnity costs against solicitor acting for unincorporated group Avanti Finance v Paringatai–disputed mortgagee sale of Māori land COURT OF APPEAL R v Saxton-convictions for taking greenstone Download Māori Law Review November 2009 (245 KB PDF)

  • October 2009 Contents

    Report of the Ministerial Review Panel Ministerial Review of the Foreshore & Seabed Act 2004 Commentary on report Download Māori Law Review October 2009 (209 KB PDF)

  • September 2009 Contents

    MAORI LAND COURT & APPELLATE COURT Stanley Welsh, Part Awarua Block— revesting of old school site, disputed ownership Six recent decisions regarding status orders in the Māori Land Court COURT OF APPEAL Police v Tamati Roha— special leave declined, hapū trespassing on land intended for Treaty settlement Download Maori Law Review September 2009 (248 KB PDF)

  • August 2009 Contents

    EDITORIAL SUMMARY MĀORI LAND COURT Awanui Haparapara 2B1B2 – mother & son compete for ownership of house Lawrence Niao – occupation order granted for life of occupant Churches & Ropiha – land status of six blocks for second mortgage Mohi v Jansen – costs order on withdrawn change of status application HIGH COURT Tangaere v Waitangi Tribunal – judicial review of Tribunal decision, urgency, right to oral hearing Tangaere v Waitangi Tribunal – application for costs Pourwhare v Kruger – application to prevent transfer of Treaty settlement assets Download Maori Law Review August 2009 (414 KB PDF)

  • July 2009 Contents

    EDITORIAL SUMMARY MĀORI LAND COURT Hau — application for occupation order declined Pōtaka — status of public works land offered back Pou — succession to residue of estate by whāngai Mokoia Island Trustees v Kawarau Jet Rotorua Limited — alleged trespass by tour operators HIGH COURT Ngāti Muriwai v Whakatōhea MTB & Te Ohu Kai Moana Ltd — judicial review of security for costs decision Gage v Wellington District Māori Council and Anor — judicial review of membership of council Potaka-Dewes & Ors v A-G & Ors—costs decision following Ngāti Porou settlement dispute Download Maori Law Review July 2009 (359 KB PDF)

  • June 2009 Contents

    Waitangi Tribunal Te Urewera Report, Part I Māori Land Court Morehu v Māori Trustee—right to shares challenged Chief Judge’s powers – no amendment where evidence is not clear and substantial – Ashwell – Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209 High Court Rātahi v Māori Land Court—status change not “clearly desirable” Print version Download Maori Law Review June 2009 (355 KB PDF)

  • May 2009 Contents

    EDITORIAL HIGH COURT Wall & Wall v NZ Police – Appeal against trespass following discovery of kōiwi and occupation Wall & Wall v NZ Police – Land not customary land and therefore subject to NZ laws Raharaha v NZ Police – Appeal against conviction for refusing to give blood specimen COURT OF APPEAL Tātahi Ltd v Matauri Bay Properties Ltd – Appeal to cancel lease dismissed Download Maori Law Review May 2009 (393 KB PDF)

  • April 2009 Contents

    EDITORIAL MĀORI LAND COURT Re Waihou A8C1A2E – Insufficient support and shares to justify occupation HIGH COURT Gibbs v New Plymouth DC – No permit to construct a building on reservation Garton Holdings Limited v The Ngahina Trust – Caveat upheld to prevent dealings in land Garton Holdings Limited v The Ngahina Trust – Strike-out of claim for specific performance to purchase Māori freehold land. Download Maori Law Review April 2009 (418 KB PDF)

  • March 2009 Contents

    EDITORIAL MAORI LAND COURT Re Mann – Proposal to gift shares to whangai child Re Tua – Failure to account for descendants ENVIRONMENT COURT Te Kura Pukeroa v TCTD – Costs following unsuccessful appeal Te Whanau a Te Ngarara v Kapiti Coast DC – Strike-out refused re: Paraparaumu Airport Howick Residents v Manukau CC – Consent to demolish and replace burned whare HIGH COURT Te Whanau o Rangiwhakaahu v Ringer – Lapse of caveat to prevent registration of dealings Sainsbury v Graham – Strike-out: adopted child no longer entitled to Maori estate Download Maori Law Review March 2009 (349 KB PDF)

  • February 2009 Contents

    EDITORIAL MAORI LAND COURT & APPELLATE COURT Maori Land Court – Faulkner: disputed status of land – Mangakahia 2B2 No 2A1A: injunction to restrain trust manager – Re Witehira: variation of trust instrument Maori Appellate Court – Ormsby: ownership of kaumatua flat on reservation trust land OTHER COURTS Land Valuation Tribunal – Taheke Paengaroa Trust: ratings dispute Court of Appeal – Pukeru-Oruawhata Trust v Mitchell Download Maori Law Review February 2009 (366 KB PDF)

  • December-January 2009 Contents

    EDITORIAL MĀORI LAND COURT & APPELLATE COURT Te Konoti B4A3B: partition and mortgage to Fund renovations Tauhara Middle 15 Trust: procedural irregularities Te Tawa Kaiti v Tūhoe Pūtaiao OTHER COURTS & TRIBUNALS High Court— – Ngāti Porou foreshore agreement: Strike-out Application on judicial review – Te Whaiti Nui A Toi Trust: Appeal on Rating Decision – Charlton v Koromete: Māori interest in general land – Puru v Puru & Puru: validity of will PARLIAMENT Question Time: Te Puni Kōkiri Download Maori Law Review December-January 2009 (275 KB PDF)

  • November 2008 Contents

    Editorial Māori Land Court and Appellate Court Gifts of shares in Māori land – right to land validated by whakapapa – Sade v Mahanga – Taiharuru 2A1 (2008) 7 Taitokerau Appellate MB 47 Ririnui: partition, alienation of land by gift Other courts and tribunals Environment Court – Kaupokonui: appeal against consent for quarry – Waiareka Valley Preservation Soc: obligation to consult tangata whenua Supreme Court – Forests 2 Case: appeals withdrawn Print version Download Maori Law Review November 2008 (245 KB PDF)

  • October 2008 Contents

    EDITORIAL NEGOTIATIONS & SETTLEMENTS Ngāti Apa (North Island) Deed of Settlement MĀORI LAND COURT & APPELLATE COURT Pastoral lease disagreement Māori Trustee—breach of trust Partition and review of status declaration OTHER COURTS High Court – Motueka River as resource or taonga PARLIAMENT Legislation & Regulations – Māori Trustee and Māori Development – Amendment Bill – Select Committee Report Download Maori Law Review October 2008 (321 KB PDF)

  • September 2008 Contents

    EDITORIAL NEGOTIATIONS AND SETTLEMENTS MĀORI LAND COURT Determination of ownership of shares Removal of trustee Parihaka X—removal of trustee OTHER COURTS & TRIBUNALS Environment Court – Right to karakia and mihi at conference 5 High Court – Matauri X—development of land Court of Appeal – Whāngai child in recovered will PARLIAMENT Legislation & Regulations – Walking Access Bill—2nd reading DownloadMaori Law Review September 2008 (396 KB PDF)

  • August 2008 Contents

    EDITORIAL SUMMARY WAITANGI TRIBUNAL Application for urgency declined MĀORI LAND COURT Misappropriation of trust funds NEGOTIATIONS & SETTLEMENTS Ngāi Tūhoe terms of agreement Taranaki Whānui ki te Ūpoko deed of settlement Tūranganui ā Kiwa AIP Waikato River deed of settlement PARLIAMENT Official Reports – Ministry of Social Development Social Report Legislation & Regulations – Affiliate Te Arawa iwi claims settlement bill – Policing Bill – inclusion of Treaty clauses Download Maori Law Review August 2008 (1,365 KB PDF)

  • July 2008 Contents

    EDITORIAL SUMMARY WAITANGI TRIBUNAL Appointment of new members NEGOTIATIONS & SETTLEMENTS Ātihau-Whanganui Incorporation settlement MĀORI LAND COURT Variation of trust Replacement of trustees Terms of loan to buy adjoining land OTHER COURTS & TRIBUNALS High Court – Return of surplus public works land Download Maori Law Review July 2008 (284 KB PDF)

  • June 2008 Contents

    Editorial Māori Land Court Alienation and status of land – change to General land will rationalise commercial operations – The Proprietors of Potikirua Incorporation – Part Te Piki 2 (2008) 103 Ōpōtiki MB 17 Other courts High Court – Maori land and indefeasibility exceptions Parliament Debates – Affiliate Te Arawa Iwi and Hapu Claims Settlement Bill – Central North Island Forests Land Collective Settlement Bill – Treaty of Waitangi (Removal of Conflict of Interest) Amendment Bill Question Time – Treaty Settlements – Ratchet Clauses – Settlement Bill – Airspace Protection Print version Download Maori Law Review June 2008 (263 KB PDF)

  • May 2008 Contents

    Acknowledgements Editorial Parliament Mauao Historic Reserves Revesting Bill and Act Budget 2008 Māori Land Court Alienation – sale to Council for public works only appropriate where sale is the only option – Searancke – Lot 2 and 4 of Proposed Subdivision of GS 5D/318 and Lot 1 of Proposed Subdivision of GS 5D/318 (2008) 179 Gisborne MB 61 Books and publications Websites of interest Print version Download Maori Law Review May 2008 (266 KB PDF)

  • April 2008 Contents

    WAITANGI TRIBUNAL CNI Report Part V NEGOTIATIONS & SETTLEMENTS Ngati Porou mandate recognized MAORI LAND COURT & APPELLATE COURT Maori Land Court – Whangai Succession Maori Appellate Court – Enforcement of trust obligations OTHER COURTS & TRIBUNALS Environment Court – Resource consents – consultation PARLIAMENT Question time – Maori Trustee funds transfer Maori Purposes Bill No.2 – second reading DownloadMaori Law Review April 2008 (364 KB PDF)

  • March 2008 Contents

    EDITORIAL MAORI APPELLATE COURT Alienation – right of first refusal must not be unjustifiably restricted – Taueki – Horowhenua XIB 41 North A3A and 3B1 (2008) 16 Aotea Appellate MB 30 WAITANGI TRIBUNAL CNI Report part IV NEGOTIATIONS & SETTLEMENTS Terms of negotiation, Ngāti Mākino & Waitaha OTHER COURTS Environment Court – Regional Plan change—Māori values – Resource conesent—Māori values High Court – Courts jurisdiction over tangata whenua PRINT VERSION Download Maori Law Review March 2008 (342 KB PDF)

  • February 2008 Contents

    EDITORIAL MĀORI LAND COURT & APPELLATE COURT Change of status – rates – sale to neighbours OTHER COURTS & TRIBUNALS High Court — Fisheries — security for costs — impecuniosity PARLIAMENT Prime Minister’s speech from the throne NEGOTIATIONS Ngāti Porou foreshore & seabed agreement Kaingaroa forest CNI terms of agreement RECENT PUBLICATIONS Websites and books of interest Download Maori Law Review February 2008 (368 KB PDF)

  • December-January 2008 Contents

    WAITANGI TRIBUNAL Small scale discreet remedies CNI Report, Part III MĀORI LAND COURT & APPELLATE COURT Appointment of new judges OTHER COURTS High Court – Public interest in fisheries case – Encroachments onto Māori freehold land – Only beneficial owners to vote PARLIAMENT Taranaki Whanui (Wellington) AIP Question time – Treaty settlements progress – Te reo Māori in school curriculum Debates – Waka umanga bill – 1st reading – Treaty principles bill – 2nd reading Download December 2007 – January 2008 Māori Law Review (8,641 KB PDF)

  • December 2007 Hakihea – Contents

    Māori Land Court Partition – decision of the lower Court upheld – Hammond – Whangawehi 1B3H1 (2007) 34 Gisborne Appellate MB 185

  • November 2007 Contents

    WAITANGI TRIBUNAL He Maunga Rongo (CNI) report, Part II COURTS DOC v Springfield Karaka & Karaka v Ngai Tai ki Tamaki Download Maori Law Review November 2007 (258 KB PDF)

  • October 2007 Contents

    EDITORIAL WAITANGI TRIBUNAL He Maunga Rongo (CNI) Report, Part I MĀORI LAND COURT Timing for preferred alienees to make offer to buy OTHER COURTS High Court — Trespass Act & the Treaty PARLIAMENT Debates – Arbitration Amendment Bill – Trustee Amendment Bill Question Time – Māori Land Court services Download Maori Law Review October 2007 (261 KB PDF)

  • September 2007 Contents

    WAITANGI TRIBUNAL Te Tau Ihu Takiwa second preliminary report Tamaki-Makau-Rau settlement report MAORI LAND COURT & APPELLATE COURT Application to determine ownership PARLIAMENT Treaty settlements progress report Debates – Broadcasting Amendment Bill – Select Committee report on Treaty principles deletion bill – Select committee report Download Maori Law Review September 2007 (299 KB PDF)

  • August 2007 Here-turi-kōkā – Contents

    Māori Appellate Court Status of land – successful appeal against condition on sale and refusal to grant change of status – Property Ventures Limited v Parata – Ngarara West B3B (2007) 16 Aotea Appellate MB 1 Māori Land Court Special Aid funding declined Application for rehearing to appoint trustees Access to landlocked block Waitangi Tribunal Te Arawa mandate report – note Tāmaki Makaurau settlement report – note Other courts and tribunals High Court – Appeal struck out, incorporation invalid Parliament Te Rōroa Claims Settlement Bill – 2nd reading Kerikeri National Trust Bill – 2nd reading New Zealand Day Bill – 2nd reading Local Electoral (Repeal of Race-Based Representation) Bill—1st reading Print version Download Maori Law Review August 2007 (255 KB PDF)

  • July 2007 Contents

    WAITANGI TRIBUNAL Note – Central North Island report stage 1 released Second Nga Kaihautu o Te Arawa Mandate report Annual Inquiry Programme for 2007-2008 MAORI LAND COURT Purchase of Landcorp land by mortgage Damages claim for water tanks on Maori Land OTHER COURTS & TRIBUNALS Court of Appeal – Forests (2) case – appeal dismissed Supreme Court – Waitara leaseholders – appeal dismissed PARLIAMENT Budget 2007 Debates Question Time Download Maori Law Review July 2007 (267 KB PDF)

  • June 2007 Contents

    WAITANGI TRIBUNAL Te Arawa mandate report – note Tāmaki Makaurau settlement report – note MĀORI LAND COURT AND APPELLATE COURT Special Aid funding declined Application for rehearing to appoint trustees Access to landlocked block OTHER COURTS & TRIBUNALS High Court – Appeal struck out, incorporation invalid PARLIAMENT Te Rōroa Claims Settlement Bill – 2nd reading Kerikeri National Trust Bill – 2nd reading New Zealand Day Bill – 2nd reading Local Electoral (Repeal of Race-Based Representation) Bill—1st reading Download Maori Law Review June 2007 (331 KB PDF)

  • May 2007 Contents

    WAITANGI TRIBUNAL Waikato River agreement in principle OTHER COURTS AND TRIBUNALS Environment Court Unison Stage 2 – consent overturned High Court Forests 2 case – fiduciary duty of Crown Writs of arrest for land occupiers PARLIAMENT Budget 2007 debate Download Maori Law Review May 2007 (133 KB PDF)

  • April 2007 Contents

    ARTICLE Water Issues (part 2 of 2) WAITANGI TRIBUNAL Northern South Island Report OTHER COURTS AND TRIBUNALS Court of Appeal Waitara land for Te Ätiawa settlement Täme Iti shotgun case – convictions quashed Download Maori Law Review April 2007 (163 KB PDF)

  • March 2007 Contents

    ARTICLE Water Issues (part 1 of 2) MÄORI LAND COURT & APPELLATE COURT Status change, financing development OTHER COURTS AND TRIBUNALS Legal aid for Victoria Cross claim PARLIAMENT Question Time Whenuakite Station – Landcorp Office of Treaty Settlements – Landcorp Te Ture Whenua M‰ori Amendment Act (No2) Te Rˆroa Claims Settlement Bill – first reading Fisheries Act 1996 Amendment Bill – first reading OTHER Rates on Maori Land – government inquiry Download Maori Law Review March 2007 (123 KB PDF)

  • February 2007 Contents

    MÄORI LAND COURT & APPELLATE COURT Waipiro A13 – investigation of loans Ngarara West B3B – Sale confirmed; change of status declined OTHER COURTS AND TRIBUNALS Environment Court – consent to harvest forest PARLIAMENT Prime Minister’s speech from the throne and members’ replies Ng‰ti Mutunga Claims Settlement Act Te Ture Whenua M‰ori Amendment Act Question Time Settlements – Landcorp properties Truancy among Maori Schools – funding Foreshore & Seabed – legislative framework Download Maori Law Review February 2007 (126 KB PDF)

  • December-January 2007 Contents

    MÄORI LAND COURT & APPELLATE COURT Rakautäua 1B2A2 – minority opposition to sale OTHER COURTS AND TRIBUNALS Ngäti Apa v A-G & MAC & Ngäi Tahu Te Hui Amorangi Ki Te Tai Tokerau Trust Board v Urquhart The Minister of Conservation v The Mäori Land Court and Ors PARLIAMENT Ngäti Mutunga Settlement – Calculation of Quantum Closing the Gaps Policy – outcome Te Arawa Settlement – cultural redress Treaty of Waitangi Amendment Act Download Maori Law Review December-January 2007 (148 KB PDF)

  • November 2006 Whiringa-ā-rangi – Contents

    Māori Appellate Court Status of land – extent of change must be proportionate to the objective – Craig v Kira – Wainui 2F4D (2006) 7 Taitokerau Appellate MB 1 Māori Land Court Ruapehu south slope re-hearing – dismissed – In Re Rangipo North 8 (2006) 178 AOT MB 51 Life interest to whangai – dismissed – In Re the estate of Wiremu Northcroft (2006) 175 AOT MB 189 Breach of lease in removing boundary fences – In re Kaitangata 4B & 3A (2006) 178 AOT MB 140 Waitangi Tribunal Hauraki Report Vol. III – summary part 4 Other courts and tribunals High Court – charitable trust procedures by Christina Inglis and Craig Linkhorn Print edition Download Maori Law Review November 2006 (144 KB PDF)

  • October 2006 Contents

    NGÄ MATE Te Arikinui Dame Te Atairangikaahu Lord Cooke of Thorndon Sir Hugh Kawharu WAITANGI TRIBUNAL Hauraki Report Vol. II OTHER COURTS AND TRIBUNALS High Court – marina decision High Court – amendment to rûnanga rules OTHER Federal Court of Australia – native title to metropolitan area Download Maori Law Review October 2006 (137 KB PDF)

  • September 2006 Contents

    OTHER COURTS AND TRIBUNALS High Court – Building Act, application to Mäori land High Court – beneficial vs legal ownership on Mäori trust land & eviction procedure PARLIAMENT Protected Objects Amendment Act 2006 Pronunciation of Mäori words Te Arawa Lakes Settlement – select committee report OTHER UN Declaration on Indigenous Rights Download Maori Law Review September 2006 (139 KB PDF)

  • August 2006 Contents

    Passing of the Mäori Queen WAITANGI TRIBUNAL Hauraki Report (Part II) OTHER COURTS AND TRIBUNALS High Court – Whanganui river water consents Download Maori Law Review August 2006 (139 KB PDF)

  • July 2006 Contents

    MÄORI LAND COURT & APPELLATE COURT Matauri X Incorporation – voting procedures at meetings Partition of Mäori land – necessity for partition, alternatives PARLIAMENT Principles of the Treaty of Waitangi Deletion Bill Download Maori Law Review July 2006 (137 KB PDF)

  • June 2006 Contents

    MÄORI LAND COURT & APPELLATE COURT Appointment of temporary judge WAITANGI TRIBUNAL Hauraki Report (part 1) PARLIAMENT Heritage Protection Amendment Act 2006 Mäori Purposes Bill 2006 Ngäti Whatua o Orakei Agreement in Principle Download Maori Law Review June 2006 (137 KB PDF)

  • May 2006 Contents

    MÄORI LAND COURT & APPELLATE COURT Mäori Appellate Court – exchange of Mäori land for General land, whether detriment to owners WAITANGI TRIBUNAL Tauranga Moana Inquiry – second stage OTHER COURTS AND TRIBUNALS Environment Court – Treaty issues in resource consents PARLIAMENT Te Arawa Lakes Settlement Bill Budget announcements & debate Waikato river negotiations Download Maori Law Review May 2006 (137 KB PDF)

  • April 2006 Contents

    MÄORI LAND COURT & APPELLATE COURT Horowhenua Lake – review of trust, removal of trustees OTHER COURTS AND TRIBUNALS Court of Appeal – Titi Islands, consultation & the Treaty High Court – mandate & fiduciary duties PARLIAMENT Marine farming – reserved areas for Mäori United Nations report on NZ United Nations report on NZ (cont) Download Maori Law Review April 2006 (106 KB PDF)

  • March 2006 Contents

    MÄORI LAND COURT & APPELLATE COURT Tuaropaki E – change to trustee arrangements PARLIAMENT Resource Management (Climate Protection) Bill NZ Council of Law Reporting Bill Foreshore and Seabed Act – policy REPORTS AND ARTICLES Law Commission – draft Waka Umanga report OTHER UN Special Rapporteur report Download Maori Law Review March 2006 (110 KB PDF)

  • February 2006 Contents

    Māori Land Court Status of land and alienation – change to General land will not lead to more effective management and utilisation – MacDonald – Oraka 4A2 (2006) 111 Wairoa MB 32 Variation of trust order Appointment of trustees Waitangi Tribunal Kaipara report – and commentary Print version Download Maori Law Review February 2006 (100 KB PDF)

  • December-January 2006 Contents

    MÄORI LAND COURT & APPELLATE COURT Re Ihaia Taueki Trust WAITANGI TRIBUNAL Report on Te Wänanga o Aotearoa Audit report on Te Wänanga o Aotearoa Preliminary report on Manahi Victoria Cross Urgency application – Transpower as the Crown Discussion paper on Tribunal hearing practices OTHER COURTS AND TRIBUNALS High Court – Minhinnick v Treaty of Waitangi Fisheries Commission UPDATES Treaty of Waitangi (Principles) Bill Select Committee Membership Launch of Mäori Land on Line Mäori Electoral Option Download Maori Law Review December-January 2006 (113 KB PDF)

  • December 2005 Hakihea – Contents

    Māori Land Court Chief Judge’s powers – powers to appoint counsel and grant Special Aid vested in Court, not in Chief Judge – Matauri X Incorporation [2005] Chief Judge’s MB 276

  • November 2005 Contents

    COMMENT Discrimination in the Foreshore & Seabed Act 2004 MÄORI LAND COURT & APPELLATE COURT Review of trust – voting methods Change of status under land management plan OTHER COURTS AND TRIBUNALS High Court – claim to education land High Court – challenge to trespass orders & Land Transfer Act title Court of Appeal – Rakiura Island management Environment Court – marina proposals, Foreshore and Seabed Act 2004 UPDATES Brief to the Incoming Minister in Charge of Treaty Negotiations Mäori ministers & Mäori related portfolios Mäori electorate turnout UN Rapporteur comment PARLIAMENT Maiden speeches of note Download Maori Law Review November 2005 (102 KB PDF)

  • October 2005 Whiringa-ā-nuku – Contents

    Māori Appellate Court Alienation and status of land – sufficient notice of desire to exercise right of first refusal – Collins v Te Whaiti – Kehemane Reserve 2A1 (2005) 14 Tākitimu Appellate MB 42 Māori Land Court Land Court – change of status application Land Court – change of status application Waitangi Tribunal Report on Criminal Offender Assessment Policies Other courts and tribunals Employment Relations Authority – Mäori TV presenter, foreshore protest Updates Te Arawa Lakes settlement Te Roroa settlement Foreshore and seabed applications Fisheries settlement payouts Print edition Download Maori Law Review October 2005 (99 KB PDF)

  • September 2005 Contents

    MÄORI LAND COURT & APPELLATE COURT Trust – method of voting, variation of trust s 244 Section 45 applications – purpose and powers WAITANGI TRIBUNAL The Waimumu Trust (SILNA) Report 2005 OTHER COURTS AND TRIBUNALS High Court – illegal payments by trustees, beneficial class of trust Environment Court – Mäori sovereignty and Resource Management Act 1991, s 314(da) Resource Management Act 1991 Download Maori Law Review September 2005 (104 KB PDF)

  • August 2005 Contents

    MÄORI LAND COURT & APPELLATE COURT Tresspass on Maori freehold land Lake Horowhenua Removal of trustees Succession order Foreshore customary rights order WAITANGI TRIBUNAL Turanga (Gisborne) report part II PARLIAMENT Constitutional Arrangements Select Committee UPDATES Maori aquaculture Download Maori Law Review August 2005 (116 KB PDF)

  • July 2005 Contents

    WAITANGI TRIBUNAL Türanga Tangata Türanga Whenua (vol II) OTHER COURTS AND TRIBUNALS High Court – Maori Reserved Land Amendment Act 1997 & 1998 – compensation and valuation PARLIAMENT Legal Services (Territorial Customary Rights) Amendment Bill Acts recently assented Regulations recently assented UPDATES Foreshore and seabed applications Treaty settlements Geographic Board – Mt Parahaki Crown forestry rental fees repayment Appointments SPEECHES AND PRESS RELEASES Treaty settlement policies Treaty of Waitangi touring exhibition Download Maori Law Review July 2005 (117 KB PDF)

  • June 2005 Contents

    MÄORI LAND COURT & APPELLATE COURT Power of land trust to issue a licence Unclear will – land described rather than shares WAITANGI TRIBUNAL Te Arawa Mandate Report (No 2) – adequacy of the Crown negotiations process OTHER COURTS AND TRIBUNALS High Court – judicial review re Mäori issues under Local Government Act 2002 Court of Appeal – Matauri X – mortgage powers under objects of Mäori incorporation Download Maori Law Review June 2005 (113 KB PDF)

  • May 2005 Contents

    ARTICLE BIAS ISSUES IN THE WAITANGI TRIBUNAL AND MAORI LAND COURT Introduction High Court decision Legal tests for apparent & presumed bias Waitangi Tribunal cases Maori Land Court cases Commentary UPDATES Waitangi Tribunal Parliament Download Maori Law Review May 2005 (131 KB PDF)

  • April 2005 Contents

    Māori Appellate Court Status of land – no change to General land for the purpose of securing finance – Davies – Orokawa 3B Lot 14 (2005) 6 Taitokerau Appellate MB 240 Māori Land Court Conditions of a whānau trust order Easements over Māori freehold land – equitable estoppel Other courts and tribunals Environment Court – Historic Places Act – subdivision on archaeological site Parliament Acts recently assented Bills recently introduced Foreshore and seabed Whakatöhea claim Print edition Download Maori Law Review April 2005 (106 KB PDF)

  • March 2005 Contents

    MÄORI LAND COURT & APPELLATE COURT Conditions of a whänau trust order Easements over Mäori freehold land – equitable estoppel Trustees – limitations and conflicts of interest Removal of trustees – meeting procedure, reasons, notice required OTHER COURTS AND TRIBUNALS UN Committee on the Elimination of Racial Discrimination – Foreshore and Seabed Act PARLIAMENT Principles of the Treaty of Waitangi Deletion Bill Download Maori Law Review March 2005 (106 KB PDF)

  • February 2005 Contents

    WAITANGI TRIBUNAL Report on the Tauranga Confiscation claims Download Maori Law Review February 2005 (97 KB PDF)

  • December-January 2005 Contents

    MÄORI LAND COURT & APPELLATE COURT Section 45 applications – evidence required Partition application – coastal forest land Maori reservation – money donation, s338(13) Partition – small scale land exchange Succession – will wrongly describing land PARLIAMENT Ngaa Rauru Kiitahi Claims Settlement Bill Ngäti Tuwharetoa (Bay of Plenty) Claims Settlement Bill Ngäti Awa Claims Settlement Act 2004 Te Runanga O Ngäti Awa Bill Aquaculture reforms – select committee report Mäori Commercial Aquaculture Claims Settlement Act 2004 Download Maori Law Review December-January 2005 (138 KB PDF)

  • December 2004 Hakihea – Contents

    Māori Appellate Court Status of land – no change to General land, obstacles do not arise from Māori freehold status – Whitfield and Sons Ltd – Omahu 4C6 (2004) 14 Tākitimu Appellate MB 1

  • November 2004 Contents

    PARLIAMENT Foreshore & seabed – select committee report Foreshore and Seabed Act 2004 Resource Management (Foreshore and Seabed) Amendment Act 2004 Download Maori Law Review November 2004 (103 KB PDF)

  • October 2004 Contents

    WAITANGI TRIBUNAL Te Arawa Mandate Report HIGH COURT Takamore Case Download Maori Law Review October 2004 (119 KB PDF)

  • September 2004 Contents

    MÄORI LAND COURT & APPELLATE COURT Appointment of kaitiaki trustee Appointment of new trustees Variation, payments to trustees PRIVY COUNCIL Glenharrow, pounamu, Ngäi Tahu HIGH COURT RMA, Treaty rights of non-Maori Management of the Titi Islands PARLIAMENT Aquaculture Reform Bill Download Maori Law Review September 2004 (126 KB PDF)

  • August 2004 Contents

    GENERAL COURTS Court of Appeal – provision for Urban Mäori in Fisheries Bill Court of Appeal – challenge to He Kawai Amokura settlement proposal High Court – coverage of customary fishing regs PARLIAMENT Mäori Fisheries Bill – Select Committee report Download Maori Law Review August 2004 (109 KB PDF)

  • July 2004 Contents

    MÄORI LAND COURT & APPELLATE COURT Commentary & case re change of status to land Land Transfers Removal of trustees Grazing licences Termination of trusts Partition orders PARLIAMENT Te Ture Whenua Mäori Amendment Act 2004 Streamlining Treaty Settlements Download Maori Law Review July 2004 (105 KB PDF)

  • June 2004 Contents

    Māori Appellate Court Status of land – failure to take into account relevant considerations – Regeling – Orokawa 3B Lots 4, 7 and 8 (2004) 6 Whangarei Appellate MB 157 Waitangi Tribunal Te Arawa Mandate Claims Comment Other courts and tribunals Land Valuation of Mäori Freehold Land Taiapure-Local Fisheries Legal Aid Reports and articles Delivering Justice for All Print edition Download Maori Law Review June 2004 (150 KB PDF)

  • May 2004 Contents

    PARLIAMENT Foreshore & Seabed Bill – consistency with NZ Bill of Rights Act 1990 Crown Forestry Rental Trust – inquiry into Download Maori Law Review May 2004 (102 KB PDF)

  • April 2004 Contents

    Parliament Foreshore and Seabed Bill 2004 Māori Land Court Alienation – Court has no jurisdiction to impose extra requirements – Ferris – Nuhiti M10 (2004) 157 Gisborne MB 253 Print version Download Maori Law Review April 2004 (93 KB PDF)

  • March 2004 Contents

    COMMENT WAITANGI TRIBUNAL FORESHORE AND SEABED REPORT Introduction Mäori custom / tikanga What the Treaty protected Implications of the Court of Appeal decision – Possible actions in the High Court – Possible actions in the Mäori Land Court The Government proposal – How much uncertainty exists? – Uncertainty over access – Uncertainty about the ability to sell Reasons for leaving the issue to the courts Findings on Treaty breaches Recommendations Download Maori Law Review March 2004 (112 KB PDF)

  • February 2004 Contents

    MÄORI LAND COURT & APPELLATE COURT Waitomo caves settlement – successions OTHER COURTS High Court – hapü occupation of Mäori incorporation land – damages award High Court – meaning of taonga – use of term by non-Mäori High Court – sale of land with land transfer title – effect of Mäori land claim High Court – Mataurai X – Mäori land under mortgage – validity of mortgage PARLIAMENT Foreshore and seabed debate Download Maori Law Review February 2004 (104 KB PDF)

  • December-January 2004 Contents

    WAITANGI TRIBUNAL New tribunal members COURT OF APPEAL Ngai Tahu boundaries HIGH COURT Jurisdiction – criminal law Criminal – use of Te Reo Maori Interpretation of Orakei Act 1991 PARLIAMENT Maori Fisheries Bill Foreshore and seabed policy Download Maori Law Review December-January 2004 (129 KB PDF)

  • November 2003 Contents

    Māori Land Court Alienation – confirmation of lease refused where consideration inadequate and application filed out of time – Carroll – Waipuka 2R3 (2003) 174 Napier MB 71 Other courts and tribunals Court of Appeal – Māori culture, foster parents & duties of government departments High Court – fisheries settlement, interim declarations High Court – fisheries settlement, Ngāi Tahu challenge High Court – fisheries settlement, lease round inequities & juridical bay formula High Court – fisheries settlement, urban Māori challenge Print version Download Maori Law Review November 2003 (113 KB PDF)

  • October 2003 Contents

    WAITANGI TRIBUNAL Wellington Report – Part II Waiheke Island   Download Maori Law Review October 2003 (98 KB PDF)

  • September 2003 Contents

    WAITANGI TRIBUNAL Wellington report – part 1 (to be continued in Maori LR October 2003)   Download Maori Law Review September 2003 (114 KB PDF)

  • August 2003 Contents

    OTHER COURTS AND TRIBUNALS Court of Appeal – Urewera rating High Court – Tïitïi (Muttonbird) Islands High Court – customary jurisdiction defence High Court – Mäori drivers licence High Court – Mäori incorporation leasing powers PARLIAMENT Waitangi Tribunal, broadcasting, fisheries Ngäti Ruanui Claims Settlement Act 2003 Download Maori Law Review August 2003 (104 KB PDF)

  • July 2003 Contents

    OTHER COURTS AND TRIBUNALS Court of Appeal – Ngäti Awa settlement Environment Court – disputed waahi tapu – evidential considerations OTHER Australian Law Reform Commission – genetic identity for indigenous people   Download Maori Law Review July 2003 (112 KB PDF)

  • June 2003 Contents

    Māori Land Court Alienation – assignment of lease prior to 2002 merely requires application for noting – Dyer – Tautara 5B3 (2003) 273 Rotorua MB 219 Waitangi Tribunal Petroleum Report Print version Download Maori Law Review June 2003 (116 KB PDF)

  • May 2003 Contents

    COMMENT The foreshore and seabed decision OTHER COURTS AND TRIBUNALS Court of Appeal – foreshore and seabed decision WAITANGI TRIBUNAL Memorandum re Supreme Court claim Download Maori Law Review May 2003 (125 KB PDF)

  • April 2003 Contents

    FROM THE PAST OTHER COURTS AND TRIBUNALS High Court – Mäori reserved lands – lessee compensation High Court – Bay of Plenty cross claims – Ngäti Awa settlement Environment Court – weedkiller consent – ancestral lake & waters Environment Court – subdivision consent – ancestral land PARLIAMENT Local Government Act 2002 Treaty of Waitangi Amendment Act 2003 Broadcasting Amendment Act 2003 Mäori Land Amendment and Mäori Land Claims Adjustment Amendment Act 2003 Download Maori Law Review April 2003 (123 KB PDF)

  • March 2003 Contents

    MÄORI LAND COURT & APPELLATE COURT Trespass to land, exemplary damages, interest, under Te Ture Whenua Maori 1993 WAITANGI TRIBUNAL Marine farming report Download Maori Law Review March 2003 (100 KB PDF)

  • February 2003 Contents

    Custom law and common law Judicial approaches to custom in the South Pacific Privy Council – 1958 decision re evidence of custom Māori Appellate Court Status of land – change to General land not more effective – Phillips – Oromahoe 17B1 and 17B2 (2003) 6 Whangarei Appellate MB 84 Trustee meeting fees & company directorship fees Other courts and tribunals High Court – trespass on iwi administration office, jurisdiction of the court Employment Court – dismissal of Mäori worker, protocol required Parliament Supreme Court Bill – debate Print version Download Maori Law Review February 2003 (130 KB PDF)

  • December-January 2003 Contents

    MÄORI LAND COURT & APPELLATE COURT Mäori reservations – responsibilities of trustees OTHER COURTS AND TRIBUNALS Court of Appeal – legal aid for individual Mäori, status of iwi Court of Appeal – change of status of Mäori land, solicitor misleading the Mäori Land Court High Court – Ngati Maru, evidence required to establish the existence of waahi tapu High Court – Ngati Maru, further appeal re waahi tapu High Court – land registration error, erroneous claims PARLIAMENT Supreme Court Bill Treaty of Waitangi (Final Settlement of Claims Bill) Download Maori Law Review December-January 2003 (127 KB PDF)

  • December 2002 Hakihea – Contents

    Māori Appellate Court Alienation and jurisdiction  – alienation includes virtually every form of disposition of land – Trustees of the Will of Pukepuke Tangiora v Hastings District Council – Waipuka 3B1C2 (2002) 13 Tākitimu Appellate MB 217 Māori Land Court Alienation – lease for purpose of development confirmed – Ngatai – Matakana 1A7A (2002) 71 Tauranga MB 23

  • November 2002 Contents

    OTHER COURTS AND TRIBUNALS High Court – Pounamu licencing Environment Court – adjournment for Whanganui river claims Environmental Risk Management Authority – human genes in cows OTHER Treaty of Waitangi Fisheries Commission – allocation proposal Download Maori Law Review November 2002 (102 KB PDF)

  • October 2002 Contents

    WAITANGI TRIBUNAL Kaipara interim report OTHER COURTS & TRIBUNALS High Court – challenge to 1990 Ngäi Tahu boundary decision Download Maori Law Review October 2002 (113 KB PDF)

  • September 2002 Contents

    COMMENT Mäori policies of the parties OTHER COURTS AND TRIBUNALS District Court – Mäori land and the Family Protection Act 1955 OTHER Law Commission – post-settlement structures PARLIAMENT Metiria Turei – maiden speech Download Maori Law Review September 2002 (114 KB PDF)

  • August 2002 Contents

    Māori Land Court and Appellate Court Costs – costs should follow the event – Manuirirangi v Paraninihi Ki Waitotara Inc – Paraninihi Ki Waitotara (2002) 15 Aotea Appellate MB 64 New judges appointed Waitangi Tribunal New members appointed Ngati Awa cross-claims report Other courts and tribunals High Court – sentencing, whakapapa as provocation Other Parliamentary Commissioner for the Environment – a Treaty-based Environmental Audit Framework Print version Download the Maori Law Review August 2002 (104 KB PDF)

  • July 2002 Contents

    OTHER COURTS AND TRIBUNALS Court of Appeal – charitable purposes of the Crown Forestry Rental Trust Environment Court – waahi tapu area – roading development PARLIAMENT Te Ture Whenua Maori Amendment Act 2002 Download Maori Law Review July 2002 (908 KB PDF)

  • June 2002 Contents

    OTHER COURTS AND TRIBUNALS Environment Court – Maori marine farm Environment Court – Ngawha prison High Court – Ngawha prison appeal Download Maori Law Review June 2002 (931 KB PDF)

  • May 2002 Contents

    COMMENT OTHER COURTS AND TRIBUNALS Environment Court – landfill development – waahi tapu Environment Court – residential zone – waahi tapu Environment Court – quarry – waahi tapu Download Maori Law Review May 2002 (998 KB PDF)

  • April 2002 Contents

    WAITANGI TRIBUNAL Decision on urgent hearing – Well Hospital endowment land Decision re bias – Wellington Hospital endowment land OTHER COURTS AND TRIBUNALS High Court – customary adoptions & the Family Protection Act 1955 PARLIAMENT Local Government (Rating) Act 2002 Local Government Bill 2002 Resource Management (Aquaculture Moratorium) Amendment Act 2002 Treaty principles – current government understanding Download Maori Law Review April 2002 (889 KB PDF)

  • March 2002 Contents

    MAORI LAND COURT & APPELLATE COURT Adequacy of notice for a succession application & testamentary capacity Occupations orders – degree of support required from other owners WAITANGI TRIBUNAL Application for urgent hearing – Ngati Ruanui claim settlement Application for urgent hearing, Mokai primary school – claim re refusal to establish a designated character school OTHER COURTS AND TRIBUNALS Court of Appeal – jurisdiction of the Maori Land Court over mutton birding rights in the Titi Islands Court of Appeal – procedure of the Maori Land Court in terminating a whanau trust High Court – giving details to police in the Maori language only High Court – stay of proceedings in a foreshore case pending hearing of the Marlborough Sounds foreshore […]

  • February 2002 Contents

    Māori Land Court and Māori Appellate Court Chief Judge’s powers – consideration of value, adequacy and good faith – Estate of George Amos – Horahora 1A4B, 1A4E & 1A4F Blocks [2002] Chief Judge’s MB 54 Partition application, sufficient support from owners Leave to appeal change of status order out of time Partition application, whether life interests are included Waitangi Tribunal Memorandum-directions re Wai721 & s30 application Memorandum-directions re Central North Island inquiry Other courts and tribunals Pounamu, private rights vs Ngai Tahu rights, preliminary issues Rating exemption, former Urewera reserve lands Maori fisheries settlement, fish quota lease round information Maori appeals, adequacy of pleadings Parliament Trade Marks Bill, select committee report Te Uri o Hau Claims Settlement Bill, select committee report Treaty of Waitangi […]

  • December-January 2002 Contents

    MAORI LAND COURT & APPELLATE COURT (featuring Maori Appellate Court judgements collected for the first time in 2000) Waiheke station settlement (1999 case) Section 30 representatives (1998) Crown land revesting in Maori for a claim settlement (1999 case) Alienation – Court must not usurp rights of owners – O’Neill v Hawira – Parapara 2B2F (2002) 15 Aotea Appellate MB 33 WAITANGI TRIBUNAL Directions re s30 Te Ture Whenua Mäori Act 1993 application Report on Taranaki Mäori reserved lands & dairy industry changes Directions re- Central North Island inquiry OTHER COURTS AND TRIBUNALS High Court – change of status orders, legal requirements & third party rights after a sale of land PARLIAMENT Te Ture Whenua Mäori Amendment Act 2001 OTHER He Anga […]

  • November 2001 Contents

    WAITANGI TRIBUNAL The Hauraki Gulf Marine Park Report 2001 OTHER COURTS AND TRIBUNALS Privy Council – Mäori land & road designations under RMA 1991 Court of Appeal – Ngäi Tahu & northern South Island and claims Court of Appeal – Mäori Land Court power to lay roads over General land High Court – adverse possession rights over Mäori land Download Māori Law Review November 2001 (121 KB PDF)

  • October 2001 Contents

    Māori Appellate Court Alienation and status of land – no change to General land where inadequate notice to preferred class of alienees – Ferris v Ferris – Nuhiti M21 (2001) 34 Tairāwhiti Appellate MB 52 Other courts and tribunals Environment Court – Golden Bay marine farms Overseas High Court Australia – native title to the seabed Print version Download Maori Law Review October 2001 (124 KB PDF)

  • September 2001 Contents

    WAITANGI TRIBUNAL Napier Hospital & Health Services Report 2001 OTHER COURTS AND TRIBUNALS Environment Court – marae sittings of the court   Download Maori Law Review September 2001 (122 KB PDF)

  • August 2001 Contents

    WAITANGI TRIBUNAL Memoradum – central North Island claims OTHER COURTS AND TRIBUNALS High Court – taxation status of the Crown Forestry Rental Trust Commissioner ruling –charitable status of Mäori trust boards PARLIAMENT Trade Marks Bill 2001 Local Government (Rating) Bill 2001 OTHER Discussion document – taxation of Mäori organisations   Download Maori Law Review August 2001 (134 KB PDF)

  • July 2001 Contents

      OTHER COURTS AND TRIBUNALS Privy Council – fisheries settlement & traditional iwi Environment Court – South Island Landless Natives OTHER Royal Commission on Genetic Modification Local Government Act review   Download Maori Law Review July 2001 (119 KB PDF)

  • June 2001 Contents

      WAITANGI TRIBUNAL Chatham islands report (part 2) OTHER COURTS AND TRIBUNALS High Court – Marlborough Sounds foreshore & seabed Environment Court – quarry operation, waahi tapu   Download Maori Law Review June 2001(134 KB PDF)

  • May 2001 Contents

    Māori Appellate Court Jurisdiction, partition and status of land – Māori Land Court had no jurisdiction to consider applications – Hakiwai v Collier – Omahu 2M3 (2001) 13 Tākitimu Appellate MB 164 Status of land – European owners not exempt from requirements – McKay – Okurupatu B4B2A (2001) 13 Takitimu Appellate MB 154 Waitangi Tribunal Rekohu (Chatham Islands) report – part I Other courts and tribunals High Court – Taranaki report – bias allegation High Court – Ngäti Ruanui settlement High Court – Dog Control Act 1996 Print version Download Maori Law Review May 2001 (109 KB PDF)

  • April 2001 Contents

    WAITANGI TRIBUNAL Directions – Whakatane sawmill & hazardous substances OTHER COURTS AND TRIBUNALS High Court – genetic modification – ERMA decision reviewed PARLIAMENT Inquiry into the possible collapse of Lake Omapere Inquiry into the performance and current operations of the Mäori Trustee Inquiry into the auditing and monitoring of ‘closing the gaps’ programmes

  • March 2001 Contents

    WAITANGI TRIBUNAL Memorandum – Wairarapa claims Ngäti Maniapoto/Ngäti Tama Settlement Cross-Claims Report OTHER COURTS AND TRIBUNALS High Court – Ngäi Tahu & the northern South Island claim hearings REPORTS & ARTICLES Law Commission Study Paper – Mäori Custom & Values in NZ Law

  • February 2001 Contents

    COMMENT Privy Council appeals OTHER COURTS AND TRIBUNALS High Court – roadways over general land High Court – Orakei Act 1991 & authority of Ngäti Whatua High Court – More Tainui meetings OTHER Moutoa Gardens settlement Native title in Australia – the Yorta Yorta appeal

  • December-January 2001 Contents

    MÄORI LAND COURT & APPELLATE COURT Mäori incorporation elections to committee of management WAITANGI TRIBUNAL Ngäi Tahu challenge to Northern South Island claims Ngäti Maniapoto urgency application OTHER COURTS AND TRIBUNALS High Court – commercial freshwater fisheries & the Sealords settlement Environment Court – kaitiakitanga & consultation PARLIAMENT Health and Disability legislation Race Relations Conciliator on the Health & Disability legislation Review of human rights protections in NZ Review of the Public Works Act OTHER Te Uri o Hau agreement Simon Upton valedictory speech

  • November 2000 Contents

    Waitangi Tribunal Memorandum re northern South Island claims & Ngäi Tahu Report re Tangahoe and Pakakohi claim settlements Other Courts and Tribunals Legal Aid Review Authority – Mäori groups & civil legal aid Other Speeches on the 25th anniversary of the Waitangi Tribunal

  • October 2000 Contents

    Mäori Land Court & Appellate Court Two new Mäori Land Court Judges Waitangi Tribunal Frivolous and vexatious claims Other Courts and Tribunals High Court – when partition is allowed High Court – use of a Mäori land trust as guarantor of a lease Environment Court – approval for archaeological site Environment Court – inter-iwi disagreement over extent of wahi tapu Environment Court – approval for Mäori run oyster farm Environment Court – former Mäori land affected by subdivision Environment Court – strike out of Maori appeal Parliament Tutae-Ka-Wetoweto Forest Bill Other UN Permanent Forum on Indigenous Issues

  • September 2000 Contents

    Other Courts and Tribunals High Court—customary title to foreshore and seabed High Court—Insolvency Act, Treaty of Waitangi High Court—Crimes Act, expert evidence of racial characteristics High Court—Caveat and Mäori land claim on railway lands High Court—Waikato Tainui, control of 4 incorporated society Parliament Mäori Purposes Bill Bay of Plenty Representation Bill Pouakani Claims Settlement Bill Other Adoption law reform report

  • August 2000 Contents

    Waitangi Tribunal Tauranga-Moana inquiry directions Other Courts and Tribunals High Court – challenge to a marine reserve sought by a hapü High Court – finding reps for Mäori land rating purposes High Court – family protection, Mäori estate, Mäori land High Court – 2 gigahertz auction, the final challenge High Court – Chief Judge power to correct errors ERMA – human genes in cows Parliament Tariana Turia & Post Colonial Traumatic Stress Disorder (PCTSD)

  • July 2000 Contents

    Other Courts and Tribunals Court of Appeal – radio spectrum sale High Court – Mäori incorporations & criminal proceedings High Court – traffic offence, Treaty arguments High Court – criminal sentencing,  whether cultural reparations sufficient High Court – fisheries & meaning of iwi – legal aid for appeal to Privy Council High Court – general challenge to constitutional order Environment Court – subdivision, disputed kaitiakitanga Parliament NZ Public Health and Disability Bill 2000 Revised Treaty settlement policy

  • June 2000 Contents

    Mäori Land Court & Appellate Court Mäori Appellate Court—entitlement to shares after killing spouse Waitangi Tribunal Gisborne claims direction Other Courts and Tribunals Court of Appeal—representation & Orakei Act High Court—bias in decision making & Maori relationships High Court—broadcasting spectrum decision Environment Court—unincorporated bodies Valuation Tribunal decisions re Mäori land

  • May 2000 Contents

    Waitangi Tribunal Expanding the boundaries of Tauranga & Kaipara claims districts Urgent hearing re Taranaki petroleum resources Other Courts and Tribunals Court of Appeal – Ngäti Apa claims within Ngäi Tahu boundaries Environment Court – consultation with Mäori over subdivision Other New instructions re legal aid for Treaty claims

  • April 2000 Contents

    Waitangi Tribunal The Mokai School Report Wai 789. 31 March 2000. JR Morris (presiding), J Baird, A Koopu, R Tahuparae Mokai Primary School was a small, rural, sole-charge school located in Mokai village between Taupo and Atiamuri. It was a mainstream school that, since 1994, had taught its pupils bilingually. All the pupils enrolled at the school when it closed, and for an unspecified period before that, were Mäori. While the school population had fluctuated considerably, since 1994 it had generally ranged between 10 and 18 students, with a high of 24 students and a low of four. In October 1999, following a decision by the Minister of Education under provisions of the Education Act 1989, the Mokai Primary School […]

  • March 2000 Contents

    Mäori Land Court & Appellate Court Definition of “whängai” Compulsory lease, duties of Mäori Trustee Waitangi Tribunal Procedure for the Gisborne inquiry Other Courts and Tribunals High Court – jurisdiction of the courts over Mäori High Court – forestry leases, provision for Mäori interests Parliament Ministry of Justice Post Election Briefing for Incoming Ministers

  • February 2000 Contents

    Legal Aid and Mäori The Justice and Law Reform Select Committee is currently considering the Legal Services Bill, which was referred to it on 5 October last year. If enacted, the bill will bring significant changes to the administration and delivery of legal aid but otherwise will largely leave the status quo intact. Importantly, the proposed bill continues the philosophy underpinning the current Act by which legal aid is regarded as a loan that an applicant is required to repay by way of “contributions”. Similarly, the bill does not change the eligibility criteria for legal aid. If the Bill is enacted, legal aid granted under the Legal Services Act 1991 will not be affected. However, the new legislation will apply […]

  • December-January 2000 Contents

    Comment Agreements between Māori and Local Authorities by Grant Hewison, Strategic Manager, Strategic Management/Treaty of Waitangi Team Manukau City Council Māori Appellate Court and Māori Land Court Chief Judge’s powers – appeal based on misunderstanding – Mann – Pakohu 2B2AJ  (2000) 4 Taitokerau Appellate MB 234 Lease by assembled owners – disputed resolution – Re Wilson & Brown & Arapaoanui 3C (1999) 146 Gisborne MB 72 Performance of trust, voting by beneficiaries – Proprietors of Mangakino Township Inc v Hemi & Pouakani No 2 (1999) 73 Taupo MB 30 Other Courts and Tribunals Court of Appeal – Māori land & RMA 1991 Environment Court – cultural objections to a landfill Environment Court – effect of Ngāi Tahu Settlement Act Other Taupo tributaries revesting Waitangi and Indigenous Rights. Revolution, Law and […]

  • November 1999 Contents

    MÄORI LAND COURT & APPELLATE COURT Apppointment of new Chief Judge WAITANGI TRIBUNAL Appointments of members Ngäti Awa Raupatu Report OTHER COURTS AND TRIBUNALS High Court—issuing coastal permits for marine farms High Court—registration of vehicle, Treaty argument High Court—immigration, Treaty argument High Court—Te Ati Awa settlement negotiations High Court—Fisheries pre-settlement assets litigation AUSTRALIA High Court of Australia—Yanner v Eaton, customary taking rights

  • October 1999 Contents

    Māori Appellate Court Status of land – Māori Land Court able to question Crown’s reasoning – Ngati Rarua Iwi Trust v Minister in Charge of  Treaty of Waitangi Negotiations and others – Section 38 Wairau West (1999) 4 Te Waipounamu Appellate MB 292 Māori Land Court Status of land – investigation of customary title – Great Barrier Islands Other courts and tribunals Court of Appeal—fisheries assets allocation and “iwi” High Court—closure of school—Treaty principles applying Other Boast, Erueti, McPhail, Smith—Mäori Land Law

  • September 1999 Contents

    WAITANGI TRIBUNAL Memorandum—urgency hearing re Dairy Board restructuring OTHER COURTS AND TRIBUNALS High Court—Mäori land and the RMA 1991 High Court—preventing sale of family land High Court—rating of Mäori land Environment Court—Mäori marine farming applications District Court—traffic conviction, blood sample refused as tapu PARLIAMENT Resource Management Amendment Bill 1999 OTHER Law Commission—Coroner review

  • August 1999 Contents

    Māori Land Court & Appellate Court Status of land – land will be more effectively managed and utilised as General land – White – Maketu A2A Lot 4 DPS 63036 (1999) 1 Waiariki Appellate MB 116 Waitangi Tribunal Appointment of additional members Other Courts and Tribunals High Court – Ngāi Tahu claim boundaries High Court – meaning of “Māori” Environment Court – use of Māori in the Court Parliament Education (Te Aho Matua) Amendment Bill Māori Purposes Bill 1999 Ngāti Türangitukua Claims Settlement Bill 1999 Hauraki Gulf Marine Park Bill 1998 Forests Amendment Bill 1999 Other An Unsettled history. Treaty Claims in New Zealand Today  

  • July 1999 Contents

    Mäori Land Court & Appellate Court Designations and trespass to Mäori land Other Courts and Tribunals Court of Appeal – review of Mäori land trust High Court – heritage protection order, Kaituna river High Court – export of South Island indigenous timber, exemption for landless Mäori Other D Williams – The Land Taking Court

  • June 1999 Contents

    Waitangi Tribunal Whanganui River Report Radio Spectrum Final Report

  • May 1999 Contents

    Letters to the Editor Mäori Land Court & Appellate Court Roadline over Mäori Land Land Court computer imaging project Waitangi Tribunal Proposal for a special Tribunal Other Courts and Tribunals High Court – restructuring of Mäori studies at Waikato University High Court – valuation of Crown forest licences High Court – valuation of Crown forest licences, Mäori participation High Court – Fisheries, constitutional challenge Environment Court – coastal works and kaitiakitanga Parliament Children, Young Persons, and Their Families Amendment Budget initiatives Other Review of the Mäori Development Act 1962 Mäori women’s experiences of the law

  • April 1999 Contents

    Waitangi Tribunal Wänanga Capital Establishment Report Other Courts and Tribunals Court of Appeal – public works offer back High Court – Mäori trust winding up High Court – customary fisheries defence High Court – fisheries settlement allocation High Court – Electricity Corporation split up Parliament Ngäi Tahu Claims Settlement (Resource Management Consent Notification) Regulations 1999 10

  • March 1999 Contents

    Mäori Land Court & Appellate Court Application to terminate trust – notice required Waitangi Tribunal Radio Frequencies interim report Whanganui River cross claim Other Courts and Tribunals Privy Council – Public Works Act offer back requirements Environment Court – Mäori protocols Environment Court – standing for Mäori Parliament Security Intelligence Amendment

  • February 1999 Contents

    Mäori Land Court & Appellate Court Succession – application of the 1993 Act Waitangi Tribunal New members appointed Other Courts and Tribunals High Court – hapü representation in settlement negotiations Other Turangi Deed of Settlement Crown policy re rivers, lakes & geothermal claims Proposed changes to Resource Management Act 1991

  • December-January 1999 Contents

    Other courts & tribunals Court of Appeal – Cannabis & customary rights Court of Appeal – fiduciary relationship & s18(1)(i) High Court – attempt to wind up a Mäori society High Court – fiduciary relationship, public works, & title registration High Court – sale of Crown interests in Nelson airport High Court – customary fishing & Poor Knight Islands marine reserve District Court – South Island customary fishing rights Parliament Treaty of Waitangi Amendment Act 1998 Treaty of Waitangi (Final Settlement of Claims) Bill 1998 Customary fishing regulations – North Island Education Bill – special character of Kura Kaupapa Mäori Other Ngäti Awa Heads of Agreement Sir Graham’s speech re Treaty settlements

  • November 1998 Contents

    Mäori Land Court & Appellate Court Liability for costs of partition Liability for costs for inquiries under Mäori Trust Boards Act 1955 Waitangi Tribunal No items this month Other Courts and Tribunals Court of Appeal—trout fishing case Other Treaty of Waitangi Fisheries Commission—report on quota allocation Book of essays on the settlements process

  • October 1998 Contents

    Māori Land Court & Appellate Court Malborough Sounds foreshore and seabed – procedure for hearing Contested transfer of incorporation shares Confirmation of a lease, valuation of timber Status of land – leave to appeal out of time refused – Ross – Rangatira E (1998) 1 Waiariki Appellate MB 111 Application to change status of land Waitangi Tribunal No items this month Other Courts and Tribunals High Court – legal aid for Privy Council appeal High Court – warrants to seizure materials of Fisheries Commission District Court –Taupo lakebed & Local Government Act 1974 Environment Court – standing under RMA 1991 Environment Court – proposed Taranaki gas well Race Relations Conciliator – Wanganui Polytech decision Parliament Ngäi Tahu Claims Settlement Act 1998 Treaty of […]

  • September 1998 Contents

    Waitangi Tribunal Report on Ika Whenua Rivers Claims Other Courts and Tribunals Court of Appeal – Mäori Reserved Lands & 5 compensation High Court – Mäori protest & damages High Court – Old Land Claim Environment Court – Waikato River & dairy factory discharge permit

  • August 1998 Contents

    Mäori Land Court & Appellate Court Mäori Land Court – partition order arising from a will Waitangi Tribunal GPS properties sale – s27B memorials and iwi claims Other Courts and Tribunals High Court – fisheries settlement allocation – meaning of “iwi” High Court – customary fishing – meaning of “koha” and “marae” High Court – injunction to halt Maori Land Court inquiry into land trust Appointments Chief Judge Durie to the High Court

  • July 1998 Contents

    Waitangi Tribunal Te Whänau O Waipareira Report Turangi Township Remedies Report Other Courts and Tribunals High Court – Whakarewarewa Village charging arrangement

  • June 1998 Contents

    Waitangi Tribunal Napier Inner Harbour remedies report Other Courts and Tribunals High Court—Waitaha challenge to Ngäi Tahu settlement High Court—Gisborne port endowment land and s40 offer-back High Court—Mäori Land Court powers of audit Environment Court—Mäori values re water in regional plan

  • May 1998 Contents

    Waitangi Tribunal Muriwhenua claims—binding powers of the tribunal Other Courts and Tribunals High Court—trout fishing appeal High Court—protective scheme for SOE lands

  • April 1998 Contents

    Mäori Land Court & Appellate Court Nothing this month Waitangi Tribunal Challengers to the Ngäi Tahu settlement seek urgent hearing Urgent hearing sought re sale of Gisborne port land Other Courts and Tribunals District Court – customary fishing defence High Court – matrimonial property High Court – fiduciary duty in the Mäori Land Court Parliament South Island customary fishing regulations Debate on the Mäori Reserved Lands Amendment Act 1998 Ngäi Tahu Claims Settlement Bill Reports, Articles, Books Waitangi. Morality and Reality  

  • March 1998 Contents

    Mäori Land Court & Appellate Court No items this month Waitangi Tribunal New members. Resigning members Other Courts and Tribunals Court of Appeal–jurisdiction over Mäori in criminal matters High Court–injunction preventing Mäori Land Court conference High Court–discontinuance of Ngäi Tahu proceedings against Waitangi Tribunal High Court–adoption by grandparents of Mäori child Environment Court–sand dredging effect on kaimoana beds Environment Court–marine farm proposal, Malborough Sounds Parliament Mäori Reserved Land Amendment Act 1998 Reports & Articles Historic Heritage Management Review Local government, Mäori organisations & resource management–survey Other Proposed boundaries of the new Mäori seats Trick or Treaty? Doug Graham book Mike Moore’s Constitutional Convention Bill  

  • February 1998 Contents

    Mäori Land Court & Appellate Court Privy Council appeals from Mäori Appellate Court decisions Waitangi Tribunal Challenge to tribunal appointment—apparent bias Other Courts and Tribunals Environment court—s8 & consultation with Mäori Parliament Fisheries (Customary Fishing Conditions) Notice 1988 Reports & Articles Mäori land—economics and law analysis Overseas Common law aboriginal title—Canadian Supreme court—the Delgamuukw decision  

  • December-January 1998 Contents

    Mäori Land Court & Appellate Court Mäori Appellate Court—Partition for the purposes of sale—Kairakau 2C5B Block Mäori Appellate Court—succession—evidence of an agreement to waive interests—Mangaroa Y Block Mäori Land Court—Title to the foreshore and seabed—Malborough Sounds preliminary decision Waitangi Tribunal Procedure for receiving confidential evidence—the flora and fauna claim Wai 262 Other Courts and Tribunals High Court—Matukuturua Stonefields sewage pipeline—further application for interim orders High Court—Fisheries settlement litigation—representation orders for urban Mäori—interim costs award Court of Appeal—Public works offer back—Ohinewai Coalcorp lands Court of Appeal —sentencing of the America’s Cup offender Environment Court—cell phone mast on Mt Te Aroha Parliament Mäori Reserved Land Amendment Act 1997 Crown Minerals Amendment (no 2) 1997—mining in national parks Lake Ellesmere eel fishery regulations […]

  • November 1997 Contents

    CONTENTS Mäori Land Court & Appellate Court No cases this month Waitangi Tribunal Memorandum on confidential evidence Other Courts and Tribunals Court of Appeal—the Watercare appeal High Court—application to prevent the allocation of pre-settlement fisheries assets High Court—leave to appeal on Mäori representation & values issues under the Historic Places Act High Court—Muaupoko sea-fishing rights District Court—customary taking of shellfish Parliament Mäori Reserved Land Amendment Bill Tutaepatu Lagoon Vesting Bill Primary Producer Boards Reform Bill Other Ngäi Tahu settlement (part 2) Mäori land information on the internet

  • October 1997 Contents

    Mäori Land Court & Appellate Court Invalid lease, application for payment for occupation and use New Auckland office for Mäori Land Court Waitangi Tribunal Nothing this month Other Courts and Tribunals Fisheries—challenge to annual quota lease round—whether socio-economic factors taken into account Environment—location of television tower on sacred hill Fisheries allocation—procedure for mandating of groups Criminal law—protection of mana and self defence Tax—charitable status under Mäori Trust Boards Act 1955 Parliament Ngäi Tahu (Pounamu Vesting) Act 1997 & Crown Minerals Amendment Act 1997 Crown Settlement Offer to Ngäi Tahu

  • September 1997 Contents

    Mäori Land Court & Appellate Court Powers of Mäori Land Court to vary a trust order Application to review the operations of a trust Waitangi Tribunal Review of the Evidence in The Muriwhenua Land Claims—2 vol report Other Courts and Tribunals Court of Appeal—Mäori land valuation—The Mangatu blocks case Court of Appeal—Legal aid and the Human Rights Committee High Court—Historic Places Act, standing for Mäori groups—Mäori values to be considered on appeal High Court—Matukuturua stonefields, interference with waahi tapu—Resource Management Act—the ‘reasonable Maori’ test Environment Court—Historic Places Act—authority to destroy a midden—Mäori values to be considered Parliament Waikato Raupatu Claims Settlement Act Commencement Order 1997—Onewhero forest Resource Management Amendment Bill (No 3)—select committee report Waitutu Block Settlement Bill—select committee report […]

  • August 1997 Contents

    Comment Cultural Harvest­—Finding Common Ground Mäori Land Court & Appellate Court Duties of trustees—leasing beyond the immediate family group Waitangi Tribunal Nothing this month Other Courts and Tribunals Court of Appeal—Billy T James, ‘bodysnatching’ & the limits of public debate on race issues High Court—Fisheries, challenge to TOKM leasing round High Court—tribal structures and mandates for Treaty negotiations High Court—company managing ancestral land, problems High Court—Ngäti Porou forestry venture, success fee and contract with advisers Parliament Multilateral Agreement on Investment. Consultation with Mäori Speeches & Press Releases Mäori Health and Education Commissioners announced Tau Henare speech in Australia. On being black and beautiful  Reports & Articles Waikato Law Review. Taumauri. Latest issue Mäori and Trade Marks. A Discussion Paper

  • July 1997 Contents

    Māori Land Court & Appellate Court Term of appointment of s439 reservation trustees under the 1993 Act Crown grants and Māori customary land Jurisdiction and status of land – no jurisdiction to change Māori freehold land to customary land – Kirk – Opou 19 Block V Turanganui SD (1997) 33 Tairāwhiti Appellate MB 197 Other Courts and Tribunals Court of Appeal Snapper decision Māori customary adoptions—status of Marine farming and Māori values Compulsory taking of customary land—valuation issues Other Proposed Optimum Method for Allocation of Fisheries Assets Parliament Minister’s snapper quota decision Fisheries allocation process Aboriginal title

  • June 1997 Contents

    Comment Speech by Minister of Treaty Negotiations Mäori Land Court & Appellate Court Waihaha 3D2 Incorporation—power of the court to suspend a committee of management Waitangi Tribunal Turangi township claim—Standard of proof for binding recommendations Broadcasting policy claim—Decision re an urgent hearing on consultation issues Other Courts and Tribunals Guardianship Act 1968 and the Treaty of Waitangi (High Court) Effluent discharge to land—Mäori values (Environment Court) Local Government Act 1974 and the Treaty (Environment Court)  

  • May 1997 Contents

    Mäori Land Court & Appellate Court No cases this month Waitangi Tribunal National Overview. Rangahaua Whänui Series Other Courts and Tribunals NZ Federation of Commercial Fishermen Inc & Others v Minister of Fisheries Harris v Larkins aka Te Awe Awe Minhinnick & Others v Watercare Services Ltd & Minister of Conservation Speeches & Press Releases Mäori appointment to the Law Commission Community magistrates Other The State of Mäori Land Today  

  • April 1997 Contents

    Comment A national agenda on race relations Mäori Land Court & Appellate Court Apiata & Samuels & Matauri X block Gilgen and Matenga & Te Akau B12L Block Richards & Hoori & Karaka-Huarua A Block Hamiora & Paki & Matauri X Inc Re Kohatu O Te Haua No 9 Block Downes & East Taupo Lands Trust Thomson & Pokuru 1A1B2 &1A2D2 (Wipaea Manu Block) Waitangi Tribunal Hearings postponed Other Courts and Tribunals Deane v Attorney General, Horton v Attorney General Mataka Station Ltd & Others v Far North District Council Ngati Rauhoto v Waikato Regional Council & Mercury Geotherm Ltd Isobel Berkett v Minister of Local Government & Wills Parliament Mäori Electoral Option Proposal for Citizen’s Initiated Referendum on the […]

  • March 1997 Contents

    Mäori Land Court & Appellate Court Tahora 2F2 Block and Wairoa District Council Waitangi Tribunal Muriwhenua Land Report 1997 Other Courts and Tribunals Te Whänau A Takiwira Te Köhanga Reo v Tito Parliament Mäori Affairs Select Committee Fisheries and entitlement Reports & Articles Criminal Prosecution. Law Commission paper  

  • February 1997 Contents

    Mäori Land Court & Appellate Court Re Pouakani Block Re Mangere Village Lot 5A Waitangi Tribunal Rangahaua Whänui Project Other Courts and Tribunals Aotearoa Mäori Radio Trust  v A-G &Te Reo Whakapuaki Irirangi (Te Mängai Paho) Taranaki Fish &Game Council v McCritchie Berkett v Minister of Local Government Kaitiaki Tarawera Inc v Rotorua DC Whänau A Rongomaiaia v Masterton DC Parliament Maiden Speeches Education (Te Whare Wänanga O Awanuiarangi) Order 1996 Fisheries (Porangahau Taiapure) Order 1996 Cabinet Committee on Treaty of Waitangi issues Reports & Articles Report of the Independent Review Committee on Mäori Reserved Lands Ministry of Mäori Development, Post Election Brief Report re Aotearoa Television Network & Te Mängai Paho Speeches & Press Releases Waitangi Day speeches

  • December-January 1997 Contents

    Mäori Land Court & Appellate Court Re Riddiford and Pukaroro No 1 block Waitangi Tribunal Nothing this month Other Courts and Tribunals Tainui Mäori Trust Board & Ors v Treaty of Waitangi Fisheries Commission & Ors Te Waka Hi Ika O Te Arawa v Hon Douglas Graham & Ors West Coast Settlement Reserves Lessee Assn Inc v Valuer-General & Ors: Proprietors of Parininihi Ki Waitotara Block v Valuer- General & Ors Pauline Tangiora v Wellington District Legal Services Committee CDL Land New Zealand Ltd v Whangarei District Council Te Rohe Potae O Matangirau Trust v Northland Regional Council Western Bay of Plenty District Council v Bryan & Ors Parliament Coalition agreement between NZ First and NZ National Party Office of Treaty […]

  • November 1996 Contents

    Comment – Abolition of the rights of appeal to the Privy Council Mäori Land Court & Appellate Court – In Re Tahora 2F2 Block and Wairoa District Council – Mahaki Ellis, Toa Faulkner and Poripori Farm A Block – In Re DP Coles and others v Ngätira Lands Trust and Whaiti Kurinui No 11 Block – In Re Hapeta and Whakapoungakau 3B1B Waitangi Tribunal Other Courts and Tribunals – R v Geoffrey Fuimaono – Re estate of Nikorima Kupa, Te Rimu Haronga v Niky Nikorima Harmer & Another Parliament – Mäori Land Court (Jurisdiction) Order 1996 Treaty Claim Settlements – Deed of Settlement concerning the Wharenui Mataatua – Whakatohea Deed of Settlement – Heads of Agreement between Her Majesty the Queen and Te Runanga […]

  • October 1996 Contents

    The Election “Mäori political life has been presented over the years as a contest between National and Labour. I’ve never thought it as being that. I’ve thought that it’s much more complex and subtle. It’s been an effort whereby Mäori choose their representatives to work in an alien political environment … And now that we stand a chance of getting maybe 13 or 14 Mäori members, is there a possibility now that that constitutional, political environment can be moulded to become much more friendly towards the aspirations of Mäori? …. The sheer numbers … create the possibility of systemic change” (Sir Paul Reeves, Radio NZ Whenua 13 October 1996).   Treaty claim settlements The next issue of the Review will consider in […]

  • September 1996 Contents

    Mäori Policies of the Parties An interesting mix has emerged. Left leaning parties would abandon the $1 billion fiscal envelope. The Alliance wants to establish a $200 million per annum Treaty Justice Fund for claim settlements. NZ First rejects pan tribal or regional settlements, and would include natural resources such as water, geothermal energy and minerals in settlements. Parties on both sides of the political divide want to give more money to the Waitangi Tribunal – an easy promise to make and keep. Ironically, only ACT’s proposal, to replace the tribunal with a panel of retired judges, would significantly increase the cost of hearing claims. National not surprisingly gives the settlement of grievances a top priority. A settlement for Whakatöhea […]

  • August 1996 Contents

    Mäori Land Court and Appellate Court BN Pearce & AG Pearce and Paengaroa North K and B4B Blocks 1 Waiariki ACMB 44, 26 June 1996. Deputy CJ Smith (presiding), Spencer J, Isaac J This was an appeal from an order removing two trustees (the appellants) because they had paid themselves an honorarium of $3000 each (ie $6000 in total) when the words of the trust deed suggested that $3000 in total only was payable. The appellants had been ordered to repay $3000 to the trust, and then removed as trustees because they were now debtors to the trust and therefore faced a conflict of interest. Held: the Mäori Land Court indisputably has power to remove trustees under both s240/1993 (removal […]

  • July 1996 Contents

    Mäori Land Court and Appellate Court Powers of incorporations Role of the Land Court S358A/1993 Te Uranga B2 Incorporation 14 Aotea ACMB 98, 22 May 1996. Deputy CJ Smith (Presiding), Spencer J, Carter J After obtaining a resolution from shareholders, the incorporation sought an order under s358A(2)/1993 extending its objects to make them unlimited. The lower court made the order but, calling in aid ss2 and 17/1993, imposed a limitation that the incorporation not conduct any activity off the corpus land which might involve the pledging or mortgaging of that land (see Mäori LR October 1995). This limitation was appealed. Held: the intention of the 1993 Act was to give shareholders the choice to widen objects of existing incorporations. The only prerequisite […]

  • June 1996 Contents

    The Taranaki report. Muru me te Raupatu Putting aside issues of over-emotive wording (it does not seem that the report itself uses the word ‘holocaust’) and the price (large chunks can be viewed on the internet for free athttp://nz.com/webnz/tekorero/taranaki/tar1.html) this report contains some important challenges to the Crown approach to Treaty settlements. The first is the attack on Native Land Court determinations last century – hitherto argued by the Crown to be a matter largely outside its control and responsibility. The tribunal specifically reviews a major decision of the court in relation to lands in north Taranaki, and exposes the wrong policy behind that decision. It also rejects other judgments as flawed and breaching Treaty principles. The second is the […]

  • May 1996 Contents

    URBAN MÄORI AND THE FISHERIES SETTLEMENT The Court of Appeal determined last month that some Mäori living in urban areas may claim benefits from the 1992 fisheries settlement without any reference to iwi or hapü affiliations (Te Runanga o Muriwhenua & Ors v Te Runanganui O Te Upoko O Te Ika Assoc Inc & Ors CA 155/95 30 April 1996). The key to the judgment is the requirement that any scheme or legislation proposed by the Treaty of Waitangi Fisheries Commission to distribute the assets of the settlement “includes equitable and separately administered provision for urban Mäori”. The court appears to have defined a new constituency called “urban Mäori”, contrary to the commission’s wish to deal with all Mäori first and […]

  • April 1996 Contents

    LAW AND ORDER, MÄORI, AND THE PRIVATE SECTOR Excerpt from a speech of the Honourable Douglas Graham to the inaugural meeting of Security NZ Ltd, 28 March 1996, entitled “The Role of the Private Sector in Law and Order”: “Here in New Zealand, Mäori wardens are one of the most successful examples of the role of the private sector in law and order. They were established in 1945 by the Mäori Social and Economic Advancement Act at a time when more than 80 per cent of Mäori were living in rural areas. The wardens were well known to all members of the tribe by virtue of the fact that they had grown up within the community with a reputation established […]

  • March 1996 Contents

    Waitangi Tribunal THE PIPITEA STREET HEARING This month the Waitangi Tribunal held an urgent hearing concerning 914 square metres of land adjoining the Pipitea Street marae in Wellington. The claimants alleged that the area was part of the Pipitea pa in 1840, was recommended in 1845 for reservation for Mäori use, was partly reserved in a native reserve, but was later awarded to a settler without reference to the former Mäori owners. In public works takings in 1963 and 1966 the land had come into Crown ownership. In 1989, under the State-Owned Enterprises Act 1986, the land was vested  in Government Property Services and a memorial placed on the title providing for its return to Mäori on a recommendation of the […]

  • February 1996 Contents

    MÄORI LAND COURT AND APPELLATE COURT In Re Rangitane o Tamaki Nui-a-Rua Inc Society 11 Takitimu ACMB 96, 9 February 1996.  Deputy CJ Smith, Carter J, Savage J This was an appeal from an order under s30(3)/1993 appointing representatives of the häpu, iwi or general Mäori of the Tararua District for the purposes of consultation with the Tararua District Council (the lower court decisions are noted in Mäori LR Nov 1994 p2 & Jul 1995 p2). The council had made the application because of disputes between Rangitane and Kahungunu groups. The original application asked that the Chief Judge request the land court to determine “tangata whenua” for the district and also in terms of the Resource Management Act 1991 and the Local Government […]

  • December-January 1996 Contents

    MÄORI LAND COURT AND APPELLATE COURT Ngäti Paoa Whänau Trust 96A Hauraki MB 155, 17 November 1995. Carter J, with additional members JW Milroy, D Jaram This was an application under s 30/1993 to determine the most appropriate representatives of Ngäti Paoa to: receive $1 million in settlement of certain claims to railways lands; present claims before the Waitangi Tribunal, receive benefits from the Waitangi Fisheries Commission, liaise with district and regional councils over resource management matters. The Ngäti Paoa Whänau Trust, established mainly through the work of one woman over several decades, sanctioned by a kaumätua council, sought appointment as the representative of Ngäti Paoa. It was opposed by the statutorily created Hauraki Mäori Trust Board, and the recently […]

  • November 1995 Contents

    Maori Land Court and Appellate Court Tauhara Middle 4A1L1B1A and Northcroft 9 Waiariki ACMB 49, 27 October 1995. Hingston, Spencer, Isaac JJ A husband willed his interest in Maori land to his wife. Under s164/1993 she made a gift of the land to one of the children of her husband s brother. The executor of the brother s estate argued that the gift should have been in trust to all of his children and that the court should not have approved the gift. Held: the appellant, being the son of the husband s brother, was a member of the preferred class of alienees and was materially affected by the order and therefore had standing to bring the appeal under s58/1993. […]

  • October 1995 Contents

    Maori Land Court and Appellate Court In re Proprietors of Te Uranga B2 Block Aotea MB, 19 October. 1995 Savage J An incorporation applied under s358/1993 for an order that 401 hectares of land be reclassified as investment land. Section 358 provides that incorporations may apply to have lands acquired after their establishment reclassified as investment lands, and their status changed to general land, freeing them from the restrictions of Te Ture Whenua Maori Act 1993. At the suggestion of the court when the application was first raised, the incorporation passed a special resolution supporting the application by roughly 2 shares to one. The incorporation also applied to have its objects made unlimited under s358A/1993. Held: under the 1993 Act […]

  • September 1995 Contents

    Time for a review? In February 1995, the Ngai Tahu claimants, frustrated with the lack of progress in negotiations with the Crown over settlement of their land claims, asked the Waitangi Tribunal for an early fixture in the hope that the tribunal would make binding recommendations to government for the return of Crown forest lands to Ngai Tahu. The chairperson of the tribunal turned down this and a subsequent request concerning state owned enterprise lands, on the basis that the tribunal had limited resources, and Ngai Tahu hearings had already consumed a fair proportion of them. In response, the Ngai Tahu claimants have filed a High Court action attacking the chairperson s ruling, criticising his decisions on the allocation of […]

  • August 1995 Contents

    The Treaty and Municipal Law On the 7 April 1995 the Australian High Court in Minister for Immigration & Ethnic Affairs v Teoh (1995) 128 ALR 353 held that a convicted heroin smuggler from Malaysia, who was refused residence in Australia because of his criminal convictions, had a legitimate expectation that the immigration authorities would consider UN instruments on the paramount rights of children, and initiate inquiries into the effect his deportation might have on his children born in Australia. The majority of the court found that international instruments which had been ratified, even if not yet incorporated into municipal law, could generate a legitimate expectation that officials would act in accordance with them. As Dr Rodney Harrison noted in a recent […]

  • July 1995 Contents

    Māori Appellate Court Status of Land – change to General land will not lead to more effective management and utilisation – Cleave – Part Orokawa 3B (1995) 4 Taitokerau Appellate Court MB 95 Trustees – In Re Maxwell and Maruata 2B2 Block Appeal 1994/9, 16 September 1994 Māori Land Court In Re Tararua District Council 138 Napier MB 104 Waitangi Tribunal Waterways – Te Whanganui-A-Orotu Report 1995 (Wai 55, 1995) Resignation of Waitangi Tribunal member Other Jurisdictions Jackson & Ors v A-G & Paraparaumu Airport Ltd & Ors (CP 149/95, High Court Wellington, 30 June 1995. Neazor J) Te Waka Hi Ika O Te Arawa and Ors v TOKM & Ors (CP 395/93 and others, 30 June 1995. Conference minute of Anderson J) Paul v […]

  • June 1995 Contents

    The claim to the sea In the context of the current debate over fishing rights and mana whenua mana moana, the following incident is offered for reflection. In 1955 Nga Puhi elders lodged an application with the Maori Land Court for title to Te Moana-nui-a- Kiwa, the Pacific Ocean. The claim was based on: rights from Tangaroa, as descendant of Rangi and Papatuanuku; the act of Maui-tikitiki-a-taranga in fishing the island from the sea; on Kupe through his voyage to the island across this ocean, and his naming of points on land alongside it; and through human blood which Kupe smeared on his face when fishing the island from the sea. By the time Europeans discovered the ocean, the applicants […]

  • May 1995 Contents

    The Tainui Settlement Full text of the form of apology from the Deed of Settlement between Her Majesty and Waikato-Tainui, signed 22 May 1995:1. The Crown acknowledges that its representatives and advisers acted unjustly and in breach of the Treaty of Waitangi in its dealings with the Kiingitanga and Waikato in sending its forces across the Mangataawhiri in July 1863 and in unfairly labelling Waikato as rebels. 2. The Crown expresses its profound regret and apologises unreservedly for the loss of lives because of the hostilities arising from its invasion, and at the devastation of property and social life which resulted. 3. The Crown acknowledges that the subsequent confiscations of land and resources under the New Zealand Settlements Act 1863 […]

  • April 1995 Contents

    Maori Land Court and Appellate Court In Re Waotu South 17 & Ormsby 237 Rotorua MB 250, 23 March 1995. Savage J In this case the court reiterated the strict legal requirements placed on trustees, by requiring the repayment of salaries and excessive travelling expenses which trustees of this land block had voted for themselves, but which had not been approved by the court as the trust deed required. The excessive travelling expenses of one trustee in particular were found to be the joint and several liability of the trustees as a whole since payment was made with the other trustees consent. Payments up to $50 per trustee per meeting was retrospectively affirmed, in line with other trusts in the […]

  • March 1995 Contents

    Ngai Tahu, forests and Waitangi Tribunal resourcing The Waitangi Tribunal this month issued a memorandum with significant implications for the Crown s current claim settlement proposals (Memorandum re Ngai Tahu claim, Wai 27, 17 March 1995). In late December last year, the Ngai Tahu claimants filed papers stating that negotiations with the Crown over the settlement of their claim had broken down. They asked the tribunal, which had already made findings and recommendations on their land claim in 1991, to hold a further hearing on the issue of relief. Ngai Tahu asked in particular that the tribunal use its compulsory powers and make binding recommendations that all Crown forest licensed land within the Ngai Tahu rohe be returned to them […]

  • February 1995 Contents

    Not Just One Tree Hill It is becoming abundantly clear that the proposals released in December 1994 have stirred a suppressed impatience among Maori about progress with claim settlements and that the fiscal cap aspect of the proposals will be generally rejected. The Government was given ample warning that this would be the case. In the Parliamentary debate following the announcement of the proposals, all non-Government speakers complimented the Government on its attempt to grapple with these issues, but warned that setting a fiscal limit would bring trouble. Helen Clarke said: Sometimes the Government may be in a position in which it can attribute Maori opposition to, perhaps, a small group of activists or radicals. This is not one of […]

  • December-January 1995 Contents

    Editorial As the year started (see MLR January 1994) so it ended, with discussion about the best means of achieving settlements to Treaty claims. Now however, there is up for debate a detailed government settlement policy, a Labour party response, and the proposed Tainui deal. Given that the government and opposition parties are far apart in their approach to Treaty settlements (the government is interested in a fiscal cap, Labour and the Alliance are not, the government seems scarcely interested in the Waitangi Tribunal, Labour wants to boost its resources), perhaps the determining factor in the debate will be the practical results from the fisheries settlement assets allocation row, and the proposed Tainui deal. These will decide whether full and final […]

  • November 1994 Contents

    Who represents Maori groups? The Government is preparing to announce new proposals for the resolution of claims, but there is no sign that the fundamental issue of representation has yet been considered in a comprehensive way. According to the newspapers, Cabinet papers provide that tribes will be required to file a “deed of mandate”. This has some similarity with proposals of the Treaty of Waitangi Fisheries Commission (Discussion Material on Allocation Models for Consultation with Iwi Te Ohu Kai Moana August 1994) which would require iwi to undergo a registration procedure before fishing quota would be allocated to them. The procedure to determine representation attracting most interest is section 30(1)(b) of Te Ture Whenua Maori 1993, which provides that any person […]

  • October 1994 Contents

    Proposed Maori Electoral Districts 1994 Representation Commission The Maori seats proposed by the commission, Te Tai Tokerau, Te Tai Hauaru, Te Tai Rawhiti, Te Puku O Te Whenua, Te Tai Tonga are based on existing Maori electoral boundaries, the community of interest among Maori people and members of Maori tribes, communications, topographical features, projected population changes (these criteria are in the Electoral Act 1993). Te Puku O Te Whenua district is said to be “a symbolic reference to the centre”, and “in spite of an apparent diversity of Iwi within this electorate the territorial integrity of each has for the most part been accommodated.” The Maori electoral population of the Chatham Islands is included in Te Tai Tonga. Boundaries go […]

  • September 1994 Contents

    New Zealand A bill sponsored by the Hon Graeme Lee, and currently before a select committee (the Flags, Anthems, Emblems, and Names Protection Amendment Bill), seeks to ensure that the NZ flag, and the anthems “God Save the Queen” and “God Defend NZ” (declared in the bill to be “National Anthems of NZ”) shall remain the national symbols, unless 65% of the members of the House or a majority in a national referendum agree otherwise (Her Majesty retains power to alter her own anthem however). This proposal is in stark contrast to the current discussion about changing the name of New Zealand to Aotearoa. Some commentators have suggested that “Aotearoa” is not useful because it is a recent invention. This […]

  • August 1994 Contents

    Customary Use and Conservation A debate is currently taking place between the Department of Conservation and Non Government Organisations (NGOs) about wildlife, the meaning of “conservation” and Treaty of Waitangi obligations.The Conservation Act, which came into force in April 1987, was designed to promote the conservation of NZ’s natural and historic resources. “Conservation”, in the Act, is defined as “the preservation and protection of natural and historic resources for the purpose of maintaining their intrinsic values, providing for their appreciation and recreational enjoyment by the public, and safeguarding the options of future generations.” Section 4 requires the department to give effect to the principles of the Treaty of Waitangi. One interpretation is that this requires the Crown to allow iwi […]

  • July 1994 Contents

    Assessing Performance Tau Henare (MP for Northern Maori) has asked each government minister: “In each year since the Act became law, what information, if any, has [the relevant department] provided on request to the Ministry of Maori Development to assist in its statutory monitoring role under section 5(1)(b) of the Ministry of Maori Development Act 1991?” (Replies Supplement 12 July 1994). Section 5(1)(b) provides that the Ministry is responsible for “Monitoring, and liaising with, each department and agency that provides or has a responsibility to provide services to or for Maori for the purpose of ensuring the adequacy of those services.” The Act gives no other guidelines on this function. Nor is it spelt out what must occur if services are […]

  • June 1994 Contents

    Maori Science and Law In a recent paper, “Maori Science. Can Traditional Maori Knowledge be Considered Scientific?” (NZ Science Monthly, May 1994, Mike Dickison), and at a recent lecture in Wellington organised by the Skeptics Society, it was argued that Maori did not ‘do science’ because “Maori knowledge acquisition was neither objective (relying as it did on religious faith), rational (it mixed supernatural with mundane explanations), nor co-operative (it relied on authority rather than challenge and consensus).” Science is about questioning the mechanisms behind the workings of the world. Simply having knowledge and applying it to create technology is not enough. This sort of argument seems to make as much sense as a Maori chief observing an atom bomb test […]

  • May 1994 Contents

    Tertiary Education and “Option B” Education, its funding and its future is an area of strong emotions and ready opinions (no apologies for adding another). The Report of the Ministerial Consultative Group on Funding Growth in Tertiary Education and Training is notable for the controversy surrounding “Option B”, which, on its face, appears to be a vigorous attempt to upskill poorly performing groups such as Maori by increasing payments from students who in later years will have high earnings, and directing the savings to groups presently under-represented in tertiary education. Already, a claim has been filed with the tribunal alleging, mainly, a lack of consultation (Wai 431. The tribunal is seeking further details of the Treaty principles involved and how the claimants […]

  • April 1994 Contents

    Maori Electoral Rights The February issue of the Review commented on the Waitangi Tribunal report on the electoral option. Proceedings have now been issued seeking to judicially review the Crown’s decision not to provide further funding. The writers have not viewed the statement of claim, but issues of reasonableness and fiduciary obligations stand out as matters for consideration by the Court. Both the Treaty principles and the Wednesbury principles may call into question the reasonableness of the Crown’s actions. On the Treaty based analysis, “vigorous action” should have been taken by the Crown to protect Maori electoral rights. The Treaty approach is, in this context, limited by the lack of statutory incorporation of the Treaty. But, if recent judgments are anything to […]

  • March 1994 Contents

    Consultation and Resource Management Several decisions have now been made by the Planning Tribunal concerning consultation with Maori under the Resource Management Act 1991. They suggest the Act is not as clear on this subject as it might be. In the most recent decision, Hanton & Ors v The Auckland City Council & BP Oil NZ Ltd (A10/94, 1 March 1994, reviewed below) Judge Sheppard held that, for councils, there was no obligation to consult with Maori interests before hearing a resource consent application. His reasoning, in part, was that a council, not being the Crown, could not take on the Treaty duty of consultation which had been spelt out for the Crown by the Court of Appeal. Also, a council would […]

  • February 1994 Contents

    The End of the Recession? At first glance the report of the Waitangi Tribunal this month on electoral reform does not appear groundbreaking. Maori groups complained that the money so far spent on advertising of the Maori electoral option was inadequate to fully inform Maori voters of their options. The tribunal, as might have been expected, found that electoral rights are protected by the Treaty (article 3 in particular which talks of the rights and privileges of British subjects) so this was a legitimate matter for the application of Treaty principles. The tribunal then considered the funding provided to date and concluded that more was required, without naming a specific figure. What makes the report interesting is the debate surrounding […]

  • January 1994 Contents

    The Year Ahead The new year is a time for reflection and consideration of what lies ahead. This issue contains statements of intent from various quarters for the coming months. The Speech from the Throne promised in this Parliamentary term bills to modernise the laws relating to Maori trust boards and reserved lands, but otherwise it would be “steady as she goes”. The holiday period was more interesting. Pre-Christmas, Chairperson Chief Judge Durie published a full “state of the Waitangi Tribunal”, referring repeatedly to funding constraints. The Minister of Justice in early January promised more funding for the claims process, from within the Justice vote, and a publicity campaign on Treaty grievances conducted personally through the pages of the Dominion […]

  • December 1993 Contents

    Maori Law Review December 1993 Tena Koutou Welcome to the first issue of the monthly Maori Law Review. The reasons for publishing the review are two-fold. First, the perennial demand among Maori land law practitioners for a better decisions service. The need is possibly greater now because of the recent introduction of Te Ture Whenua Maori (Maori Land Act) 1993. Second, the imperative which is emerging for general practitioners to keep abreast of developments in what might be termed “general Maori law”. References to Maori concepts and the Treaty of Waitangi now appear in many major statutes and decisions of the general courts. Consequently, practitioners face Maori law problems in a surprising (and growing) number of areas. Specifically, the review […]

  • November 1993 Whiringa-ā-rangi – Contents

    Māori Appellate Court Status of land and registration of transfer documents – Court failed to consider equitable interests – McCann – Waipuka 3B1B1 and 3B1B2B1C2A (1993) 11 Tākitimu Appellate MB 2

  • January 1993 Kohi-tātea – Contents

    Māori Appellate Court Chief Judge’s powers – principles relating to the standard of proof – Grant v Raroa – Ngamoe A1B1B (1993) 33 Tairāwhiti Appellate MB 35