Chief Judge’s powers – application about an earlier s 44 outcome not possible – Hallett

Hallett - Opawa Rangitoto 2D and 2G

Māori Land Court [2016] Chief Judge's MB 88 (2016 CJ 88)

3 March 2016

The applicant sought to amend an existing order made under the Chief Judge's powers on the basis of an error in the facts. The applicant also sought an injunction to prevent Transit New Zealand re-aligning State Highway 1 through the land. Deputy Chief Judge Fox dismissed the applications. It is not possible to make an application for the Chief Judge's powers to be used to change the prior exercise of those powers. The proper route was to appeal that earlier outcome.

Download Hallett - Opawa Rangitoto 2D and 2G (201 KB PDF).

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Trusts – review of trust granted – Māori Trustee

The Maori Trustee v Brightwell - Kaipakopako 2C

Māori Land Court (2016) 354 Aotea MB 226 (354 AOT 226)

16 June 2016

Applicant seeks review of trust. Granted. No costs awarded.

Download The Maori Trustee v Brightwell - Kaipakopako 2C (287 KB PDF).

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Partition – granted over residential site – Pihama

Pihama - Akuaku A12

Māori Land Court (2016) 57 Tairawhiti MB 200 (57 TRW 200)

17 March 2016

The applicant obtained a partition order to divide a block of Maori Freehold land (Akuaku A12) so she could be awarded a section where her house stood.

Download Pihama - Akuaku A12 (205 KB PDF). read more

Trusts – application to remove trustee – Karepa

Karepa v Te Riini - The Kikorangi and Kareti Karepa Whānau Trust

Māori Land Court (2016) 138 Waiariki MB 134 (128 WAR 134)

5 April 2016

An application to enforce trust obligations and to remove a trustee was dismissed.

Download Karepa v Te Riini (2016) 138 Waiariki MB 134 (128 WAR 134) (216 KB PDF).

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Trusts – trustee removed – Chambers

Chambers v Te Rangikaiwhiria - Te Hinau A Pura Whānau Trust

Māori Land Court (2016) 350 Aotea MB 74 (350 AOT 74)

7 April 2016

Application seeking removal of trustee granted. Application for partial termination of trust dismissed.

Chambers v Te Rangikaiwhiria - Te Hinau A Pura Whānau Trust (314 KB PDF). read more

Trusts – trustee removal and return of trust property – Haira

Haira v White - Te Rihari Trust

Māori Land Court (2016) 136 Waiariki MB 220 (136 MB 220)

24 February 2016

Applications seeking removal of trustee and return of trust assets. Ground for removal made out; however the trustee was given two weeks to resign and return property due to health and other related difficulties.

Download Haira v White - Te Rihari Trust (223 KB PDF)

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Te Ture mō Te Reo Māori 2016 – Māori Language Act 2016 – new directions, old problems

Māmari Stephens, senior lecturer in law at Victoria University of Wellington and a consultant editor to the Māori Law Review, examines Te Ture mō Te Reo Māori 2016 the Māori Language Act 2016 and notes, with disappointment, that it does not expand the right to use the Māori language. read more

The relationship between the Crown and Māori – an interview with Ivan Kwok

Kirsten Hagan, Senior Analyst at the New Zealand Treasury and Māori Law Review contributor, interviews the Treasury's Ivan Kwok about the relationship between the Crown and Māori. read more

June 2016 Pipiri – Contents

Māori Land Court - Te Kōti Whenua Māori

Status of land - General land - The General Trust Board of the Diocese of Auckland - Taumatawiwi(2016) 127 Taitokerau MB 169 (127 TTK 169) - Indiana Shewen

Alienation - gift of land to restore whānau connection granted - Gunson - Waikawa Village Section 10C (2016) 35 Te Waipounamu MB 248 (35 TWP 248) - Indiana Shewen

Māori Incorporations - jurisdiction to review decisions - Firmin v The Committee of Management of Atihau Whanganui Incorporation (2016) 352 Aotea MB 233 (352 AOT 233) - Emerald UnRuh

Legislation - Ngā Whakaturetanga

Special issue - Te Ture Whenua Māori Bill

Policy statement and explanatory note - Toni Love

Preliminary provisions - Toni Love

Status of land and whenua tāpui (Māori reservations) - Toni Love

Ownership interests in Māori freehold land - Toni Love

Disposing of interests in Māori land - Toni Love

Succession - Toni Love

Management entities - Toni Love

Registers and the Māori Land Court - Toni Love

Dispute resolution - Toni Love

Māori Law Review events

Te Ture Whenua Māori Bill – seminars - Wellington (17 June 2016) and Auckland (24 June 2016)

Declaration on the Rights of Indigenous Peoples

Canada - fully endorses United Nations Declaration on the Rights of Indigenous Peoples - Emerald UnRuh

Book review - Arotakena pukapuka

Indigenous Intellectual Property: A Handbook of Contemporary Research - Aroha Te Pareake Mead

Print version

Download the Māori Law Review June 2016 (1014 KB PDF)


Status of land – General land – The General Trust Board of the Diocese of Auckland

The General Trust Board of the Diocese of Auckland - Taumatawiwi A

Māori Land Court (2016) 127 Taitokerau MB 169 (127 TTK 169)

5 April 2016

The Court determined the status of the land (Taumatawiwi A, Part Peria and Te Ngaohe blocks) is General land.

Download The General Trust Board of the Diocese of Auckland - Taumatawiwi A (184 KB PDF). read more

Alienation – gift of land to restore whānau connection granted – Gunson

Gunson - Waikawa Village Section 10C

Māori Land Court (2016) 35 Te Waipounamu MB 248 (35 TWP 248)

31 March 2016

The applicant sought to gift half of his shares in the land to his natural brother to restore a whānau connection to the land. The applicant's adoptive whānau objected. They wished for the land to remain in their Mother's family line. The Court granted the application.

Download Gunson - Waikawa Village Section 10C  (194 KB PDF) here. read more

Māori Incorporations – jurisdiction to review decisions – Firmin

Firmin v The Committee of Management of Atihau Whanganui Incorporation

Māori Land Court (2016) 352 Aotea MB 233 (352 AOT 233)

12 May 2016

The applicant sought declarations that beneficiaries and members of a whānau trust be permitted to hunt on the land, and that he be granted an opportunity to air his concerns in regards to the Incorporation's management of the land. The application was dismissed. There was no foundation established for the Court to exercise any jurisdiction over the challenged decisions by the Incorporation. 

Download Firmin v The Committee of Management of Atihau Whanganui Incorporation  (PDF 329 KB)

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Review of Te Ture Whenua Māori Act 1993 – Te Ture Whenua Māori Bill – dispute resolution

A Bill was introduced into the House of Representatives in April 2016 to further reform Māori land law. This latest reform project has been in train since June 2012 when an independent expert panel was appointed to review the law.

Toni Love has followed the law reform process and has prepared a series of articles examining the most significant components of the new Bill as introduced to the House of Representatives. In this article she examines the provisions relating to dispute resolution. read more

Review of Te Ture Whenua Māori Act 1993 – Te Ture Whenua Māori Bill – registers and the Māori Land Court

A Bill was introduced into the House of Representatives in April 2016 to further reform Māori land law. This latest reform project has been in train since June 2012 when an independent expert panel was appointed to review the law.

Toni Love has followed the law reform process and has prepared a series of articles examining the most significant components of the new Bill as introduced to the House of Representatives. In this article she examines the provisions relating to registers and the Māori Land Court. read more

Review of Te Ture Whenua Māori Act 1993 – Te Ture Whenua Māori Bill – management entities

A Bill was introduced into the House of Representatives in April 2016 to further reform Māori land law. This latest reform project has been in train since June 2012 when an independent expert panel was appointed to review the law.

Toni Love has followed the law reform process and has prepared a series of articles examining the most significant components of the new Bill as introduced to the House of Representatives. In this article she examines the provisions relating to management entities for Māori land. read more

Review of Te Ture Whenua Māori Act 1993 – Te Ture Whenua Māori Bill – succession

A Bill was introduced into the House of Representatives in April 2016 to further reform Māori land law. This latest reform project has been in train since June 2012 when an independent expert panel was appointed to review the law.

Toni Love has followed the law reform process and has prepared a series of articles examining the most significant components of the new Bill as introduced to the House of Representatives. In this article she examines the provisions relating to succession to interests in Māori land. read more

Review of Te Ture Whenua Māori Act 1993 – Te Ture Whenua Māori Bill – disposing of interests in Māori land

A Bill was introduced into the House of Representatives in April 2016 to further reform Māori land law. This latest reform project has been in train since June 2012 when an independent expert panel was appointed to review the law.

Toni Love has followed the law reform process and has prepared a series of articles examining the most significant components of the new Bill as introduced to the House of Representatives. In this article she examines the provisions relating to alienation/disposition of Māori land. read more

Review of Te Ture Whenua Māori Act 1993 – Te Ture Whenua Māori Bill – Ownership interests in Māori freehold land

A Bill was introduced into the House of Representatives in April 2016 to further reform Māori land law. This latest reform project has been in train since June 2012 when an independent expert panel was appointed to review the law.

Toni Love has followed the law reform process and has prepared a series of articles examining the most significant components of the new Bill as introduced to the House of Representatives. In this article she examines the provisions relating to ownership interests in Māori land and the associated decision-making processes. read more

Review of Te Ture Whenua Māori Act 1993 – Te Ture Whenua Māori Bill – status of land and whenua tāpui (Māori reservations)

A Bill was introduced into the House of Representatives in April 2016 to further reform Māori land law. This latest reform project has been in train since June 2012 when an independent expert panel was appointed to review the law.

Toni Love has followed the law reform process and has prepared a series of articles examining the most significant components of the new Bill as introduced to the House of Representatives. In this article she examines the provisions relating to status of land and whenua tāpui (Māori reservations). read more

Canada – fully endorses United Nations Declaration on the Rights of Indigenous Peoples

The government of Canada removed its objector status to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), and intends to "adopt and implement the declaration in accordance with the Canadian Constitution."

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Review of Te Ture Whenua Māori Act 1993 – Te Ture Whenua Māori Bill – preliminary provisions

A Bill was introduced into the House of Representatives in April 2016 to further reform Māori land law. This latest reform project has been in train since June 2012 when an independent expert panel was appointed to review the law.

Toni Love has followed the law reform process and has prepared a series of articles examining the most significant components of the new Bill as introduced to the House of Representatives. In this first article in a series she examines the Bill's preliminary provisions.

read more

Review of Te Ture Whenua Māori Act 1993 – Te Ture Whenua Māori Bill – seminars – Auckland – 24 June 2016

Seminar – Te Ture Whenua Māori Bill

Friday 24 June 2016, 1:00 pm – 4:00 pm

Buddle Findlay – PWC Tower, 188 Quay St, Auckland

The Māori Law Review is convening seminars in Auckland and Wellington where presenters will explore the proposed reform of Māori land law set out in the Te Ture Whenua Māori Bill.

Professor Jacinta Ruru will chair the seminars. Professor Ruru is Co-Director of Ngā Pae o te Māramatanga New Zealand’s Māori Centre of Research Excellence and a Consultant Editor to the Māori Law Review. read more

Review of Te Ture Whenua Māori Act 1993 – Te Ture Whenua Māori Bill – seminars – Wellington – 17 June 2016

Seminar – Te Ture Whenua Māori Bill

Friday 17 June 2016, 2:00 pm – 5:00 pm

Buddle Findlay – Level 17, State Insurance Tower
1 Willis Street, Wellington

The Māori Law Review is convening seminars in Wellington and Auckland where presenters will explore the proposed reform of Māori land law set out in the Te Ture Whenua Māori Bill.

Professor Jacinta Ruru will chair the seminars. Professor Ruru is Co-Director of Ngā Pae o te Māramatanga New Zealand’s Māori Centre of Research Excellence and a Consultant Editor to the Māori Law Review. read more

Review of Te Ture Whenua Māori Act 1993 – Te Ture Whenua Māori Bill – policy statement and explanatory note

A Bill was introduced into the House of Representatives in April 2016 to further reform Māori land law. This latest reform project has been in train since June 2012 when an independent expert panel was appointed to review the law.

Toni Love has followed the law reform process and has prepared a series of articles examining the most significant components of the new Bill as introduced to the House of Representatives. In this article she sets out the general policy statement and clause by clause analysis from the explanatory note prefacing Te Ture Whenua Māori Bill. read more

May 2016 Haratua – Contents

Supreme Court of Canada

Métis and non-status Indians are Indians under the constitutionDaniels v Canada (2016) SCC 12 - Emerald UnRuh

High Court - Te Kōti Matua

Human rights – electoral disenfranchisement – prisoner voting rights claims dismissed - Taylor & Ors v Attorney-General & Ors (2016) NZHC 355 - Rachael Jones

Takutai moana - procedure - independence of pūkenga expert - Re Tipene [2015] NZHC 2923 - Andrew Irwin

Māori Land Court - Te Kōti Whenua Māori

Interim injunction - application adjourned - grant of an interim injunction would delay elections - Taueki v Horowhenua 11 Part Reservation - Horowhenua 11 (Lake) Block (2016) 347 Aotea 269 - Indiana Shewen

Limitation - claim barred about life interest under estate - Cassidy v Patene - Te Rangirunga Wi Patene (2016) 349 Aotea MB 51 (349 AOT 51) - Indiana Shewen

Trusts - aggregation allowed - capital value valuation method - Te Tumu Paeroa - Te Aroha Blk 3 sec 1B and sections 2 and 3 Block III Aroha SD (2016) 119 Waikato Maniapoto MB 95 (119 WMN 95) - Martha Reilly

Waitangi Tribunal - Te Rōpū Whakamana i Te Tiriti o Waitangi

Trans-Pacific Partnership Agreement - Treaty of Waitangi clause provides protection (Wai 2522, 2016) - Dr Carwyn Jones

Conservation management - endangered wildlife - The Priority Report Concerning Māui’s Dolphin (Wai 898, 2016) - James Watson

Te Urewera - Part VI - environmental - waterways - socio-economic issues (Wai 894, 2015) - Nicholas Coyle

Waitangi Tribunal procedure - urgent inquiries - mandate recognition - The Ngātiwai Trust Board Deed of Mandate claim - Emerald UnRuh

Legislation - Ngā Whakaturetanga

Te Ture Whenua Māori Bill – Toni Love

Book review - Arotakena pukapuka

Indigenous Intellectual Property: A Handbook of Contemporary Research - Aroha Te Pareake Mead

Print version

Download the Māori Law Review May 2016 (653 KB PDF)