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 Appellate Court
2012 Māori Appellate Court judgments - index
Māori Land Court
2012 Māori Land Court judgments - index
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 - Ngapakihi 2D3A1A (2012) 294 Aotea MB 106
Trusts:
Review - Whanganui District Council – Kai Iwi 5G3A1, 5G3A2, 5G3B, 5G3C, 5H1 & 5H2 (2012) 295 Aotea MB 17
Review and variation - insufficient support - Livingstone v The Trustees of Lake Taupō Forest Trust – Lake Taupō Forest Trust (2012) 295 Aotea MB 6
Variation of trust order to enable sale of land – Steedman v Steedman - Owhaoko D6 Section 3 (2012) 20 Tākitimu MB 230
Legislation
Treaty settlement legislation before the House of Representatives in 2012
Book Review
Aboriginal Title: The Modern Jurisprudence of Tribal Land Rights - reviewed by Professor Richard Boast
Print Version
Download the Māori Law Review December 2012 (404 KB PDF).
This table lists the 2012 judgments of the Māori Appellate Court and contains links to reports about the decisions.
For other years: 2010, 2011, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023. For the 2012 Māori Land Court judgments index.
read more
This table lists the 2012 judgments of the Māori Land Court and contains links to reports about the decisions.
For other years: 2010, 2011, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023. For the 2012 Māori Appellate Court judgments index. read more
On 18 December 2012 the Supreme Court released its decision in Takamore v Clarke. The case is about who has the right to decide where a body is buried. read more
New Zealand Māori Council v Attorney-General
[2012] NZHC 3338
11 December 2012
The High Court declined the New Zealand Māori Council’s application for judicial review of decisions relating to the proposed partial privatisation of the State-owned Enterprise Mighty River Power. The Supreme Court will hear the Council’s appeal from that decision at the end of January 2013.
Download New Zealand Māori Council v Attorney-General [2012] NZHC 3338 here (519 KB PDF). read more
Orbell v Rowallan Block XIII Section 1 and 5 Ahu Whenua Trusts - Rowallan Block XIII Section 1 and 5 Ahu Whenua Trusts
Māori Land Court (2012) 16 Te Waipounamu MB 53 (16 TWP 53)
18 December 2012
Application for injunction preventing the distribution of capital dismissed.
Download Orbell v Rowallan Block XIII Section 1 and 5 Ahu Whenua Trusts here (577 KB PDF). read more
Pue - Te Ika a Maui, Te Ika a Ngahue (Te Waipounamu), Rakihura and Rekohu
(2012) 295 Aotea MB 13 (295 AOT 13)
21 December 2012
The Māori Land Court does not have jurisdiction to consider applications to declare the status of foreshore and seabed inside and beyond the territorial authority of New Zealand.
Download Pue - Te Ika a Maui (2012) 295 Aotea MB 13 here (266 KB PDF). read more
Taura - Ngapakihi 2D3A1A
Māori Land Court (2012) 294 Aotea MB 106 (294 AOT 106)
11 December 2012
Application to change status from Māori freehold land to General land dismissed. There was insufficient evidence that the land could be managed or utilised more effectively as General land.
Download Taura - Ngapakihi 2D3A1A (2012) 294 Aotea MB 106 (204 KB PDF) here. read more
Whanganui District Council – Kai Iwi 5G3A1, 5G3A2, 5G3B, 5G3C, 5H1 & 5H2
Māori Land Court (2012) 295 Aotea MB 17 (295 AOT 17)
21 December 2012
Application for a review of trust. It emerged the owners were divided on the issue of whether the Whanganui District Council should continue in the role as responsible trustee. Application adjourned so the Deputy Register could ascertain the level of owner support for a proposal whereby Te Urumingi Whānau Trust trustees would become the responsible trustee for Kai Iwi 5H1, one of the blocks administered by the trust.
Download Whanganui District Council – Kai Iwi 5G3A1, 5G3A2, 5G3B, 5G3C, 5H1 & 5H2 (216 KB PDF) here. read more
Livingstone v The Trustees of Lake Taupō Forest Trust – Lake Taupō Forest Trust
Māori Land Court (2012) 295 Aotea MB 6 (295 AOT 6)
21 December 2012
Applications for a review and variation of trust. Mr Livingstone sought to vary the current trust order and had received the support of those at a meeting of owners. The Court declined to grant the variations sought, as there had not been a sufficient demonstration of support from the land owners.
Download Livingstone v The Trustees of Lake Taupō Forest Trust – Lake Taupō Forest Trust (237 KB PDF) here. read more
2012 has seen legislation to settle historical claims under the Treaty of Waitangi enacted at a faster pace than previously, due in part to two important changes to legislative practice: extended sitting hours and the use of cognate bills. A record number of ten Treaty settlement statutes were enacted in 2012. read more
Overview
Aboriginal Title: The Modern Jurisprudence of Tribal Land Rights
P G McHugh
Oxford University Press, Oxford, 2011 (400 pages)
Reviewed by Professor Richard Boast, Faculty of Law, Victoria University of Wellington read more
Steedman v Steedman - Owhaoko D6 Section 3
Māori Land Court (2012) 20 Tākitimu MB 230 (20 TKT 230)
5 December 2012
Application to vary a trust order to enable the sale of corpus lands granted.
Download Steedman v Steedman - Owhaoko D6 Section 3 here (157 KB PDF). read more
