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- Forests 2 Case: appeals withdrawn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)
Sade v Mahanga - Taiharuru 2A1
Māori Appellate Court (2008) 7 Taitokerau Appellate MB 47 (7 APWH 47)
12 November 2008
Appeal against a decision of the Māori Land Court allowing a gift of shares dismissed. Gift of shares in Māori land to a member of the preferred class of alienees allowed - the recipient was whanaunga of the alienating owner who is associated with the land in accordance with tikanga Māori.
Download Sade v Mahanga - Taiharuru 2A1 here (290 KB PDF). read more
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)
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)
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)
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)
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)
The Proprietors of Potikirua Incorporation - Part Te Piki 2
Māori Land Court (2008) 103 Ōpōtiki MB 17 (103 OPO 17)
19 June 2008
Application for confirmation of alienation abandoned due to Incorporation's inability to satisfy the requirements of consultation and support. Application amended to seek change of status from Māori freehold land to General land. Court determined that this would rationalise the commercial operations on the land and lead to better management and utilisation of the land.
Download The Proprietors of Potikirua Incorporation - Part Te Piki 2 here (2.3 MB PDF). read more
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)
Searancke - Lot 2 and 4 of Proposed Subdivision of GS 5D/318 and Lot 1 of Proposed Subdivision of GS 5D/318
Māori Land Court (2008) 179 Gisborne MB 61 (179 GIS 61)
8 May 2008
Application seeking confirmation of sale of land to the Gisborne District Council adjourned for 6 months to allow all trustees to negotiate with the Council and explore the possibility of a long term lease. The trustee's power to sell land for public works should only be exercised where the situation is so compelling that sale is necessary rather than desirable or where sale is the only option.
Download Searancke - Lot 2 and 4 of Proposed Subdivision of GS 5D/318 and Lot 1 of Proposed Subdivision of GS 5D/318 here (2269 KB PDF). read more
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)
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)
Taueki - Horowhenua XIB 41 North A3A and 3B1
Māori Appellate Court (2008) 16 Aotea Appellate MB 30 (16 WGAP 30)
17 March 2008
Unsuccessful appeal by Vivienne Taueki against orders of the Māori Land Court confirming the sale of Māori freehold land. Confirmation orders nevertheless revoked due to a lack of jurisdiction by the lower Court to make such orders given procedural inadequacies of the sale process by the vendors. Preferred class of alienees must be given a practical and reasonable amount of time to exercise their right of first refusal.
Download Taueki - Horowhenua XIB 41 North A3A and 3B1 here (10.9 MB PDF). read more
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)
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)
