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 Court MB 572
Costs - Nikau v Rongomau – Whangape Parish Lot 23B (Horahora Marae) (2013) 2013 Māori Appellate Court MB 60
Māori Land Court
Injunction – application adjourned to allow for more information to be provided – Taueki v Horowhenua District Council - Horowhenua (11) Lake (2013) 298 Aotea MB 263
Injunction – application dismissed by consent – Horton v Māori Trustee - Awarua 3D3 No 12B and Awarua 3D3 No 13 (2013) 297 Aotea MB 178
Chief Judge’s power to correct errors - application dismissed that whenua tōpū trust wrongly constituted - Tane v Tanetinorau Opataia Whānau Trust – Hauturu East 7, 12, 13, 14 and Section 44 Block X Orahiri Survey District (2013) 2013 Chief Judge’s MB 112
Application by Incorporation for Māori Trustee to represent disengaged owners - Mangatawa Papamoa Incorporation – Lot 1 Deposited Plan South Auckland 65413 and Part Mangatawa Block (2013) 52 Waikato Maniapoto MB 82
Waitangi Tribunal
Tribunal declines to use binding powers in recommending remedies for Ngāti Kahu - The Ngāti Kahu Remedies Report (pre-publication edition) (Wai 45, 2013)
Book Review
Treaty of Waitangi Settlements - reviewed by Tom Bennion
Print Version
Download the Māori Law Review February 2013 (471 KB PDF).
Sir Edward Taihakurei Durie student essay competition 2012
Takamore v Clarke [2011] NZCA 587: The Most Significant Legal Development Affecting Māori
The Māori Law Review is pleased to publish Laura Lincoln's prize winning essay on the Court of Appeal's approach to recognising Māori custom. read more
Takamore v Clarke
Supreme Court [2012] NZSC 116
18 December 2012
Natalie Coates provides an analysis of Takamore v Clarke. The case is about who has the right to decide where a body is buried.
Download Takamore v Clarke [2012] NZSC 116 (556 KB PDF) here. read more
Chief Executive LINZ v Te Whanau o Rangiwhakaahu Hapu Charitable Trust
[2013] NZCA 33
28 February 2013
Phoebe Monk reports on the Court of Appeal's decision examing the standard of satisfaction required for decisions on surveys adjusting boundaries to land.
Download Chief Executive Land Information New Zealand v Te Whanau o Rangiwhakaahu Hapu Charitable Trust here (PDF, 2.6MB). read more
R v Mason
High Court [2012] NZHC 1849
27 July 2012
In R v Mason [2012] NZHC 1361 Heath J gave reasons for refusing to allow Mr Mason to be dealt with in accordance with tikanga Māori in his trial and sentencing. After pleading guilty to charges of murder and attempted murder Mr Mason was convicted. Mr Mason was sentenced on 27 July 2012.
Max Harris returns to Heath J’s earlier judgment, explores how tikanga Māori matters were addressed in Heath J’s sentencing notes, and makes some remarks about how cultural considerations (including tikanga Māori considerations) might be incorporated into sentencing in future, particularly in light of the Sentencing Act 2002 and a recent decision of the Supreme Court of Canada.
Download R v Mason [2012] NZHC 1849 here (88 KB PDF). read more
Marumaru v Waipakuranui Incorporation
(2012) Māori Appellate Court MB 572
4 December 2012
The Māori Appellate Court dismissed an appeal from a decision that Māori land incorporations may sell General land which has not formally been determined to be investment land until some years after it was purchased without a resolution of owners.
Download Marumaru v Waipakuranui Incorporation (2012) Māori Appellate Court MB 572 here (503 KB PDF).
Taueki v Horowhenua District Council - Horowhenua (11) Lake
Māori Land Court (2013) 298 Aotea MB 263 (298 AOT 263)
28 February 2013
Interim decision of Judge Harvey adjourning an application for an injunction.
Download Taueki v Horowhenua District Council - Horowhenua (11) Lake here (190 KB PDF). read more
Horton v Māori Trustee - Awarua 3D3 No 12B and Awarua 3D3 No 13
Māori Land Court (2013) 297 Aotea MB 178 (297 AOT 178)
14 February 2013
Application for injunction dismissed by consent. The parties had reached a sensible outcome and had agreed upon terms.
Download Horton v Māori Trustee - Awarua 3D3 No 12B and Awarua 3D3 No 13 here (101 KB PDF). read more
The Ngāti Kahu Remedies Report (pre-publication edition)
Waitangi Tribunal (Wai 45, 2013)
4 February 2013
The Waitangi Tribunal has declined to exercise its powers to compel the Crown to transfer property to Ngāti Kahu to remedy the iwi's well-founded historical Treaty claims. While the Tribunal found that redress for the wrongful dispossession of 70 per cent of Ngāti Kahu lands by 1865 is long overdue, the circumstances of wider Treaty settlement negotiations in the far north did not warrant the use of its binding powers.
Download the Ngāti Kahu Remedies Report here. read more
Thornton - Opanake 2K2K and Opanake 2K2L2
Māori Land Court (2013) 55 Taitokerau MB 28 (55 TTK 28)
21 February 2013
Application to change status from Māori freehold land to General land dismissed. The requested change did not relate to a specific plan for the land as sale was a mere possibility. Moreover, there was no evidence that the land's status as Māori freehold land was an impediment to its sale.
Download Thornton - Opanake 2K2K and Opanake 2K 2L 2 (2013) 55 Taitokerau MB 28 (63 KB PDF) here. read more
Overview
Treaty of Waitangi Settlements
Nicola R Wheen and Janine Hayward (eds)
Bridget Williams Books, Wellington, 2012 (283 pages)
Reviewed by Tom Bennion, Bennion Law read more
