Katipa v Dobbs - Harataunga 2C1
Māori Land Court (2015) 2015 Chief Judge's MB 635 (2015 CJ 635)
21 September 2015
Application granted to amend a 1962 order recommending the creation of a Māori reservation. The result was a change to the beneficiaries of the reservation.
Download Katipa v Dobbs - Harataunga 2 C1 (339 KB PDF). read more
White v Dodd - Ruaihona Marae
Māori Land Court (2015) 128 Waiariki MB 155 (128 WAR 155)
7 October 2015
Application for the appointment of additional trustees adjourned.
Download White v Dodd - Ruaihona Marae (194 KB PDF) here. read more
Tipene - Kaikou Lot 3 13B2
Māori Land Court (2015) 114 Taitokerau MB 45 (114 TTK 45)
13 October 2015
Application granted to obtain a recommendation to set apart an area as a Māori reservation for the purpose of a marae and an urupā.
Download Tipene - Kaikou Lot 3 13B2 (187 KB PDF). read more
Leef v Leef - Panguru A47B
Māori Land Court (2015) 113 Taitokerau MB 11 (113 TTK 11)
30 September 2015
An application for an occupation order was dismissed. The applicant sought an order in substitution for an existing occupation order in order to avoid shifting a house on the land.
Download Leef v Leef - Panguru A47B (251 KB PDF). read more
Aramoana v Keno - Allotment 612 Parish of Waiotahi
Māori Land Court (2015) 128 Waiariki MB 169 (128 WAR 169)
7 October 2015
Application for an occupation order adjourned. The governing ahu whenua trust was not functioning and this required addressing first.
Download Aramoana v Keno - Allotment 612 Parish of Waiotahi (153 KB PDF). read more
Karena v Haines-Winiata - Te Koau A Trust
Māori Land Court (2015) 43 Takitimu MB 200 (43 TKT 200)
30 September 2015
Applications for an injunction, review of trust and removal of trustees. The Court issued further directions to progress determination of the matter as it was unable to proceed in current form.
Download Karena v Haines-Winiata - Te Koau A Trust (218 KB PDF) here. read more
Applications for urgent hearings concerning the review of Te Ture Whenua Māori Act 1993
Waitangi Tribunal, Wai 2478, #2.5.21
30 September 2015
The Waitangi Tribunal decided to inquire urgently into claims that Crown actions in proposing replacement legislation for Te Ture Whenua Māori Act 1993 were in breach of the principles of the Treaty of Waitangi.
Download Applications for urgent hearings concerning the review of Te Ture Whenua Māori Act 1993 (431 KB PDF). read more
Applications for urgent hearings concerning the Crown’s decision to review and possibly change the New Zealand flag
Waitangi Tribunal (2015, Wai 2534, #2.5.0003)
9 September 2015
The Waitangi Tribunal declined an urgent inquiry into claims about decisions to review and possibly change the New Zealand flag.
Download Applications for urgent hearings concerning the Crown’s decision to review and possibly change the New Zealand flag (668 KB PDF). read more
Whaia Te Mana Motuhake - In Pursuit of Mana Motuhake: Report on the Māori Community Development Act Claim
Waitangi Tribunal (Wai 2417, 2015)
26 June 2015
The Tribunal largely upheld this claim concerning institutions of self-government. The Tribunal concluded, after a full historical review, that the Māori Community Development Act 1962 and its amendments embodied a compact that gave statutory recognition and powers to institutions established by the Māori people for their own self-government.
Download Whaia Te Mana Motuhake - In Pursuit of Mana Motuhake: Report on the Māori Community Development Act Claim (4,300 KB PDF). read more
Editorial – Dr Carwyn Jones
The meaning and purpose of the Treaty of Waitangi – Dame Sian Elias
Mana Wāhine – the importance of women in the legal profession – Dame Lowell Goddard
Can you see the island? – Justice Joseph Williams
Being an effective advocate – practical tips for appeal and trial work – Judge Jan Marie Doogue
Mana wāhine – strategies for survival – Māori perspectives – Deputy Chief Judge Caren Fox
Te Miina o Papatūānuku – Te Mana o te Wahine – Annette Sykes
Litigating against the Crown - Peter Andrew
Vesting order - granted ahead of creation of whānau trust - Braniff - Motatau 2 Section 52B (2015) 111 Taitokerau MB 299 (111 TTK 299)
Roadways - application dismissed - Quaife - Part Whakapoungakau Roadway 1B3G (2015) 127 Waiariki MB 171 (127 WAR 171)
Download the Māori Law Review October 2015 (726 KB PDF)
Our judges have selected Monique van Alphen Fyfe’s essay on the proposed reforms to Te Ture Whenua Māori Act 1993 as the winning entry for 2015. Congratulations Monique. The essay will be published in the February 2016 issue of the Review.
Te Hunga Roia Māori o Aotearoa, the Māori Law Society Incorporated, was incorporated in 1988. The purposes of Te Hunga Roia Māori include promoting fellowship and mutual support amongst its members, identifying and responding to the legal needs of Te Ao Māori, supporting and encouraging whānau, hapū, iwi, and rohe initiatives, to promote law reform, and to promote the education of its members in terms of tikanga Māori and te ture Pākehā. Over the more than 25 years of Te Hunga Roia Māori’s existence, the hui-a-tau or annual conference has become an important component of the society’s activities that support its central purposes.
Te Hunga Roia Māori held its 2015 annual conference at Waitangi from 3-5 September. The theme of the conference was taken from a whakataukī of the Ngāti Porou leader, Apirana Mahuika, who passed away in February 2015:
E tū ki te kei o te waka, kia pakia koe e ngā ngaru o te wā – Stand at the stern of the canoe and feel the spray of the future biting at your face.
The conference provided an opportunity for lawyers, law students and members of the judiciary to discuss a wide range of legal issues relevant to Māori. The organising committee had put together an outstanding programme and in this issue we publish papers from Chief Justice Dame Sian Elias, Dame Lowell Goddard, Justice Joseph Williams, Chief District Court Judge Jan Marie Doogue, Deputy Chief Judge Caren Fox and senior practitioners Annette Sykes and Peter Andrew.
The Māori Law Review is proud to support Te Hunga Roia Māori and to publish a selection of the presentations from the conference.
Hui-a-Tau Conference 2015 - Te Hunga Roia Māori o Aotearoa
Rt Hon Dame Sian Elias, GNZM, Chief Justice of New Zealand
4 September 2015
Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its annual conference at Waitangi in September 2015. The conference provided an opportunity for lawyers, law students and members of the judiciary to discuss a wide range of legal issues relevant to Māori. The Māori Law Review is proud to support Te Hunga Roia Māori and to publish a selection of the presentations from the conference. The following paper is by the Chief Justice, Dame Sian Elias. read more
Hui-a-Tau Conference 2015 - Te Hunga Roia Māori o Aotearoa
Hon Dame Lowell Goddard
4 September 2015
Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its annual conference at Waitangi in September 2015. The conference provided an opportunity for lawyers, law students and members of the judiciary to discuss a wide range of legal issues relevant to Māori. The Māori Law Review is proud to support Te Hunga Roia Māori and to publish a selection of the presentations from the conference. The following paper is by Dame Lowell Goddard. read more
Hui-a-Tau Conference 2015 - Te Hunga Roia Māori o Aotearoa
Justice Joseph Williams
5 September 2015
Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its annual conference at Waitangi in September 2015. The conference provided an opportunity for lawyers, law students and members of the judiciary to discuss a wide range of legal issues relevant to Māori. The Māori Law Review is proud to support Te Hunga Roia Māori and to publish a selection of the presentations from the conference. The following paper is by High Court judge the Hon. Justice Joseph Williams.
Hui-a-Tau Conference 2015 - Te Hunga Roia Māori o Aotearoa
Judge Jan Marie Doogue, Chief District Court Judge
5 September 2015
Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its annual conference at Waitangi in September 2015. The conference provided an opportunity for lawyers, law students and members of the judiciary to discuss a wide range of legal issues relevant to Māori. The Māori Law Review is proud to support Te Hunga Roia Māori and to publish a selection of the presentations from the conference. The following paper is by the Chief District Court Judge, Her Honour Judge Jan Marie Doogue. read more
Hui-a-Tau Conference 2015 - Te Hunga Roia Māori o Aotearoa
Deputy Chief Judge Caren Fox, Māori Land Court
5 September 2015
Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its annual conference at Waitangi in September 2015. The conference provided an opportunity for lawyers, law students and members of the judiciary to discuss a wide range of legal issues relevant to Māori. The Māori Law Review is proud to support Te Hunga Roia Māori and to publish a selection of the presentations from the conference.
The following paper is by Deputy Chief Judge Caren Fox of the Māori Land Court. It is a shortened adaptation of a paper delivered in 2014 and is reproduced here with the kind permission of New Zealand Law Society Continuing Legal Education Ltd from the Women, the Law, and the Corner Office Conference 2014.
Hui-a-Tau Conference 2015 - Te Hunga Roia Māori o Aotearoa
Annette Sykes
4 September 2015
Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its annual conference at Waitangi in September 2015. The conference provided an opportunity for lawyers, law students and members of the judiciary to discuss a wide range of legal issues relevant to Māori. The Māori Law Review is proud to support Te Hunga Roia Māori and to publish a selection of the presentations from the conference. The following paper is by barrister and solicitor Annette Sykes. read more
Hui-a-Tau Conference 2015 - Te Hunga Roia Māori o Aotearoa
Peter Andrew, Barrister
5 September 2015
Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its annual conference at Waitangi in September 2015. The conference provided an opportunity for lawyers, law students and members of the judiciary to discuss a wide range of legal issues relevant to Māori. The Māori Law Review is proud to support Te Hunga Roia Māori and to publish a selection of the presentations from the conference. The following paper is by Peter Andrew, Barrister. read more
Whaanga v Smith
Court of Appeal [2015] NZCA 121
17 April 2015
An appeal was dismissed from a refusal by the Māori Appellate Court to grant a partition of land sought.
Download Whaanga v Smith (536 KB PDF) here. read more
Smith - Waiomu 3B2B2B3B3 and Waiomu 3B2B2B3B1B
Māori Land Court (2015) 105 Waikato Maniapoto MB 12 (105 WMN 12)
28 August 2015
Application for right of way granted to legalise access to land which otherwise did not have practical access. A land swap was also ordered to deal with a dwelling that encroached on the land. Orders subject to survey.
Download Smith - Waiomu 3B2B2B3B3 and Waiomu 3B2B2B3B1B (185 KB PDF). read more
Braniff - Motatau 2 Section 52B
Māori Land Court (2015) 111 Taitokerau MB 299 (111 TTK 299)
7 September 2015
Application granted to vest shares and to create a whānau trust with the recipient of the shares as sole trustee.
Download Braniff - Motatau 2 Section 52B (196 KB PDF). read more
Quaife - Part Whakapoungakau Roadway 1B3G
Māori Land Court (2015) 127 Waiariki MB 171 (127 WAR 171)
10 September 2015
Application to take and declare a portion of Māori land to be a public road dismissed.
Download Quaife - Part Whakapoungakau Roadway 1B3G (293 KB PDF). read more
Prendergast: Legal Villain?
Grant Morris
Victoria University Press, Wellington, 2014 (260 pages, ISBN: 9780864739377)
Reviewed by Professor Mark Hickford, Pro-Vice Chancellor and Dean of Law, Faculty of Law, Victoria University of Wellington.
Judicial review - refusal to make binding recommendations - Flavell v Waitangi Tribunal [2015] NZHC 1907 - Baden Vertongen
The Ngāti Kahu Remedies Report - a further comment in the wake of Flavell v Waitangi Tribunal [2015] NZHC 1907 - Karen Feint
Trusts - trustee to account for profits - apportionment between trusts - Adlam v Savage - Lot 39 A Sec. 2A Parish of Matatā and Lot 39 A Sec. 2B No.2B No.2A Parish of Matatā [2015] Māori Appellate Court MB 59 - Arena Williams
Injunction - permanent injunction granted - Paraire v Paraire - Part Mangatawa 10 (2015) 105 Waikato Maniapoto MB 67 (105 WMN 67)
Costs - jurisdiction to award costs for a judicial conference - Ratima - Whirinaki 3 (formerly known as Whirinaki No 1 Section 2F2C) (2015) 126 Waiariki MB 73 (126 WAR 73)
Succession - order amended - adoption and whāngai - Potangaroa - CJ 2009/43 - Golden Sarel Potangaroa (2015) 2015 Chief Judge's MB 562 (2015 CJ 562)
Succession - order amended - Hemara - Estate of Marion Gloria Puke [2015] Chief Judge's MB 611 (2015 CJ 611)
Succession - to siblings of deceased - Walker v Tonihi - The Estate of Te Aokatoa Wirihana (2015) 43 Takitimu MB 31 (43 TKT 31)
Trusts - variation of trust order - Tane - Hauturu East 8 (2015) 104 Waikato Maniapoto MB 95 (104 WMN 95)
Trusts - enforcement of trust obligations and removal of trustees - dismissed - Katu v Peni - Tiroa E and Te Hape B Trusts (2015) 127 Waiariki MB 184 (127 WAR 184)
Trusts - appointment, replacement and removal of trustees - Hill - Otakanini Māori Reservation (2015) 108 Taitokerau MB 76 (108 TTK 76)
Trusts - removal of trustee - trustee suspended - McGregor v Hutcheson - Porangahau 1B4’O’2 Trust (2015) 43 Tākitimu MB 15 (43 TKT 15)
Trusts - removal of trustees - Te Paa - Ahipara A33 (2015) 112 Taitokerau MB 299 (112 TTK 299)
Trusts - whānau trust - partial termination granted - Watene v Maynard - Bob Watene Whānau Trust (2015) 43 Takitimu MB 185 (43 TKT 185)
Occupation Order - granted - Koroi Piri Paki Whānau Trust (2015) 112 Taitokerau MB 51 (112 TTK 51)
Partition - application granted - Searancke - Lot 3 DP 427106 & Pouawa 1 Sbdn 3 Lot 2 Sec 7 Block (2015) 51 Tairawhiti MB 66 (51 TRW 66)
Procedure - change of venue refused - Ahoy v Henare - Parengarenga 3G Ahu Whenua Trust (2015) 108 Taitokerau MB 66 (108 TTK 66)
Waitangi Tribunal procedure - urgent inquiries - Tauranga Moana Governance Group (Wai 215, Wai 686) - Nicholas Coyle
Waitangi Tribunal procedure – urgent inquiries – Motiti Island Rena Resource Consent Funding Claim (Wai 2511) - Nicholas Coyle
Waitangi Tribunal procedure - urgent inquiries - Te Tira Whakaemi o Te Wairoa (Wai 2501) - Nicholas Coyle
Download the Māori Law Review September 2015 (541 KB PDF)
The Treaty of Waitangi and international law - Sir Kenneth Keith delivered this seminar on 23 September 2015 at the Faculty of Law, Victoria University of Wellington
Implementing the UN Declaration on the Rights of Indigenous Peoples – recent developments in international law - Tracey Whare delivered this seminar on 8 September 2015 at the Faculty of Law, Victoria University of Wellington
Legal Māori Resource Hub - explore how Māori language has been used in legal contexts over nearly two centuries
Entries have now closed for the 2015 Sir Edward Taihakurei Durie student essay competition sponsored by the Māori Law Review. For details on the competition go here.
Flavell v Waitangi Tribunal
High Court [2015] NZHC 1907
12 August 2015
Ngāti Kahu sought judicial review of the Waitangi Tribunal's decision to decline making binding remedies recommendations for its well-founded claims under the Treaty of Waitangi Act 1975. Baden Vertongen reports on the High Court's decision.
See also Karen Feint's further comment on the Waitangi Tribunal's Ngāti Kahu Remedies Report in light of the High Court's decision (see (2015) September Māori LR).
Download Flavell v Waitangi Tribunal [2015] NZHC 1907 (626 KB PDF).