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.
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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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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
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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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
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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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
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
Māori Land Court - Te Kōti Whenua Māori
Status of land - General land - The General Trust Board of the Diocese of Auckland - Taumatawiwi A (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)
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
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
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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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
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
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
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
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
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
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
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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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
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
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
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
Supreme Court of Canada
Métis and non-status Indians are Indians under the constitution - Daniels 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)