Māori Law Review

Daniels v Canada (Indian Affairs and Northern Development)

Supreme Court of Canada [2016] SCC 12

14 April 2016

The Supreme Court of Canada declared that Métis and non-status Indians are Indians under s. 91(24) of the Constitution Act, 1867. As Indians those people hold the right to be consulted and negotiated with. They also obtain the protection of fiduciary responsibilities owed by the Canadian federal government.

Download Daniels v Canada (Indian Affairs and Northern Development) (PDF 328 KB)

read more

Taylor v Attorney-General

High Court [2016] NZHC 355

4 March 2016

The High Court dismissed a case challenging the validity of the law preventing prisoners from voting in elections. In the course of its judgment the Court considered, but rejected, arguments based on the Treaty of Waitangi and the Declaration of Independence 1835.

Download Taylor & Ors v Attorney-General (368 KB)

read more

Re Tipene

High Court - Te Kōti Matua [2015] NZHC 2923

23 November 2015

The Court confirmed its earlier appointment of an expert - a pūkenga in terms of the Marine and Coastal Area (Takutai Moana) Act 2011. Obtaining the advice of a person with relevant knowledge and experience outweighed the need for strict independence in the sense of someone with no relationship, association or interest connected with the parties or the subject matter of the application.

Download Re Tipene (383 KB PDF). read more

Cassidy v Patene - Te Rangirunga Wi Patene

Māori Land Court (2016) 349 Aotea MB 51 (349 AOT 51)

9 March 2016

The applicants sought an order determining that funds received by the respondent belonged to them. The court dismissed the application; the claim for relief was out of time and was barred by the Limitation Act 1950.

Download Cassidy v Patene - Te Rangirunga Wi Patene (270 KB PDF).

read more

Tata v Kara - Waiwhakaata 3E4C Lot 2A

Māori Land Court (2016) 121 Waikato Maniapoto MB 2 (121 WMN 2)

19 May 2016

The applicant satisfied the Court that non-party discovery orders were necessary to obtain access to bank statements required as part of the proceeding to test whether trust funds were expended for proper purposes.

Download Tata v Kara - Waiwhakaata 3E4C Lot 2A (177 KB PDF).

read more

Te Tumu Paeroa - Te Aroha Blk 3 sec 1B and sections 2 and 3 Block III Aroha SD

Māori Land Court (2016) 119 Waikato Maniapoto MB 95 (119 WMN 95)

21 April 2016

Revised application for aggregation of trusts granted.

Download Te Tumu Paeroa - Te Aroha Blk 3 sec 1B and sections 2 and 3 Block III Aroha SD (197 KB PDF).

read more

Report on the Trans-Pacific Partnership Agreement

Waitangi Tribunal (Wai 2522, 2016)

5 May 2016

The Waitangi Tribunal’s Report on the Trans-Pacific Partnership Agreement focused on the effect of the Treaty of Waitangi exception clause in the Trans-Pacific Partnership Agreement (TPPA) and also considered processes for engaging with Māori in relation to the ratification of the TPPA. Though noting some concerns with certain provisions of the TPPA, the Tribunal determined that there was no breach of Treaty principles arising from the inclusion in the TPPA of the Treaty exception clause. The Tribunal made a number of suggestions to improve engagement with Māori in relation to the implementation of the TPPA and the negotiation of international agreements in the future.

Download Report on the Trans-Pacific Partnership Agreement (pre-publication version) (PDF 1.1 MB)

read more

The Priority Report Concerning Māui’s Dolphin

Waitangi Tribunal (Wai 898, 2016)

2 May 2016

This Report dealt with claims that the Crown’s current policy (the Threat Management Plan or TMP) in relation to the protection of Māui’s dolphin, was in breach of the Treaty of Waitangi. The Tribunal did not uphold the claims. The Crown’s TMP was a legitimate exercise of its kāwanatanga (governance).

Download The Priority Report Concerning Māui’s Dolphin (PDF 979 KB)

read more

Te Urewera Part VI (pre-publication version)

Waitangi Tribunal (Wai 894, 2015)

22 December 2015

Part VI of the Tribunal's report on claims in its Urewera district inquiry discusses environmental and waterway issues (such as those regarding Crown intervention, as well as management of forests and ownership of rivers), specific claims (including those regarding public works, rating, taonga and schools), and socio-economic claims.

Download Te Urewera Part VI (4.3 MB PDF) (pre-publication version).

read more

The Ngātiwai Trust Board Deed of Mandate claim

Waitangi Tribunal (Wai 2544, Wai 745, Wai 2337, Wai 156, Wai 2545, Wai 2546, Wai 2548, Wai 2549, Wai 2550, Wai 2557, and Wai 2181, 2016)

2 May 2016

The Waitangi Tribunal will hold an urgent inquiry into claims that the Crown has caused significant and irreversible prejudice to Ngātiwai. The claims are about the Crown recognising a mandate given to the Ngātiwai Trust Board (NTB) to negotiate a settlement of Ngātiwai historical claims against the Crown.

Download  Wai 2544 - The Ngātiwai Trust Board Deed of Mandate claim (1.1 MB) read more

Indigenous Intellectual Property: A Handbook of Contemporary Research

Edited by Matthew Rimmer

Edward Elgar Publishing (ISBN 978 1 78195 5895 2015)

Reviewed by Aroha Te Pareake Mead (Ngāti Awa, Ngāti Porou), Chair, IUCN Commission on Environmental, Economic and Social Policy (CEESP)

read more

Supreme Court - Te Kōti Mana Nui

Trustees - conflicts of interest - Fenwick v Naera [2015] NZSC 68 - Craig Linkhorn

Māori Land Court - Te Kōti Whenua Māori

Costs - Court declined to award costs - ongoing relationship - Trustees of Te Ngae Farm Trust v Trustees of the Ngāti Rangiteaorere Koromatua Council - Te Ngae Farm Trust (2015) 133 Waiariki MB 58 (133 WAR 58)

Status of land - ceasing to be Crown land on vesting - The Māori  Trustee - Pt Sec 1 Blk 1 Punakitere SD (2016) 124 Taitokerau MB 231 (124 TTK 231)

Trusts - removal of trustees - threshold for removal not met - Peters v Foster - Hereheretau B2J8 and B2K2B (2015) 54 Tairawhiti MB 147 (54 TRW 147)

Title reconstruction and improvement – water easement granted - Wihone - Panguru A16 & others (2016) 123 Taitokerau MB 199 (123 TTK 199)

Survey - requisition dismissed - McIlroy-Haig - Waipiro MT Sec.5 Blk X (2016) 55 Tairawhiti MB 24 (55 TRW 24)

Resource Management - Ngā Whakahaere Rauemi

Māori interests in natural resource management - 2015 in review by Annie O'Connor and Dave Randal

Legislation - Ngā Whakaturetanga

Te Ture Whenua Māori Bill - Toni Love

Book review - Arotakena pukapuka

The Native Land Court - a historical study, cases and commentary - volume 2 - Dr Carwyn Jones

Electoral

Second Referendum on the New Zealand Flag - result and Māori voter turnout - Emerald UnRuh

Print version

Download the Māori Law Review April 2016 (625 KB PDF)

Fenwick v Naera

Supreme Court [2015] NZSC 68

20 May 2015

Some of the beneficiaries of the Whakapoungakau 24 Ahu Whenua Trust objected to their trustees entering into a joint venture to establish a geothermal power station. These beneficiaries challenged the trustees’ power to enter into the agreement. They were unsuccessful in the Māori Land Court and in the Māori Appellate Court. On appeal to the Court of Appeal, their appeal was allowed on one issue (whether the courts below had addressed trustee conflicts of interest appropriately). The Court of Appeal decided to send the case back to the Māori Land Court for further hearing on that issue. The trustees obtained leave to appeal to the Supreme Court on the conflict of interest issue.

Held: The Supreme Court allowed the trustees' appeal in part. The Supreme Court agreed with the Court of Appeal that one of the trustees was disqualified from voting on whether to enter the joint venture because of beneficial interests she held. The Supreme Court disagreed with the Court of Appeal on what the remedy should be where s 227A is breached. Section 227A of Te Ture Whenua Māori Act 1993 prohibits trustees participating in many decisions on issues they have interests in and is labelled by the common law a rule against self-dealing. The Court of Appeal had found the consequence was automatic setting aside of the challenged decision of trustees (at the request of a beneficiary) subject to the interests of innocent third parties. The Supreme Court decided instead that the Māori Land Court has the power to decide what the consequences are where prohibited self-dealing is established and s 227A is breached.

The Supreme Court sent the case back to the Māori Land Court to decide the consequences, including whether new trustees should decide what to do as a result of Mrs Fenwick's breach of the self-dealing rule.

William Young J differed from the other members of the court on the issue of the procedure the Māori Land Court should follow when the matter was referred back to it.

Download Fenwick v Naera [2015] NZSC 68 (951 KB PDF). read more

The Māori  Trustee - Pt Sec 1 Blk 1 Punakitere SD

The Court determined the land in question ceased to be Crown land once vested in the Māori Trustee under s 437 of the Māori  Affairs Act 1953.

Trustees of Te Ngae Farm Trust v Trustees of the Ngāti Rangiteaorere Koromatua Council - Te Ngae Farm Trust

Wihone - Panguru A16 & others

read more

Peters v Foster - Hereheretau B2J8 and B2K2B

McIlroy-Haig - Waipiro MT Sec.5 Blk X

read more

Second Referendum on the New Zealand Flag

Result announced 30 March 2016

The Electoral Commission released the final results for the second referendum on the New Zealand flag on 30 March 2016. A majority of voters favoured keeping the existing New Zealand flag. Voter turnout was lower overall in Māori than in non-Māori electorates.

read more

Annie O'Connor and Dave Randal from Buddle Findlay review legal developments from 2015 relating to Māori interests in natural resources. read more

The Native Land Court – A Historical Study, Cases and Commentary, (Vol. 2: 1888-1909)

Richard Boast

Thomson Reuters, Wellington, 2015 (xv + 1145 pages, ISBN 978-0-86472-921-7)

Reviewed by Dr Carwyn Jones, Faculty of Law, Victoria University of Wellington. read more

Court of Appeal - Te Kōti Pīra

Judicial review – appeal dismissed from grant of review – selection process for membership of Independent Maori Statutory Board -Te Rangi v Jackson [2015] NZCA 490 - James Watson

High Court - Te Kōti Matua

Judicial review – Crown conduct after Treaty settlement – preliminary questions hearing refused - Ngāti Whātua Ōrākei Trust v Attorney-General [2016] NZHC 347 - James Watson

Costs - not imposed - parties need to co-exist in the future - Solomon-Rehe v Hokotehi Moriori Trust [2016] NZHC 239 - Stevie-Rae Hart

Māori Appellate Court - Te Kōti Pīra Māori

Appeals – assessing merits of appeal before ordering rehearing – Matchitt v Matchitt- Te Kaha 65 [2015] Māori Appellate Court MB 662 (2015 APPEAL 662) - Stevie-Rae Hart

Costs – receipt of Special Aid not a shield against an award of costs – Gemmell v Gemmell - Mohaka A4 [2015] Māori Appellate Court MB 657 (2015 APPEAL 657) - Stevie-Rae Hart

Trusts – leases to beneficiaries – unclear whether trustees breached their fiduciary duty – Davies v Trustees of Te Tii (Waitangi) B3 Ahu Whenua Trust - Te Tii (Waitangi) B3 Trust [2015] Māori Appellate Court MB 611 (2015 APPEAL 611) - Stevie-Rae Hart

Māori Land Court - Te Kōti Whenua Māori

Ownership - house - Rata - Pakanae 2W1B (2016) 125 Taitokerau MB 17 (125 TTK 17) - Indiana Shewen

Procedure - withdrawing an application - return of land held for public works - The Property Group - Awapuni 1F3 (2016) 56 Tairawhiti MB 56 (56 TRW 56) - Indiana Shewen

Alienation - lease beyond trust order - estoppel - notice - evidence - Te Wani v Peters - Te Puru No 5 (2015) 112 Waikato Maniapoto MB 49 (112 WMN 49) - Craig Linkhorn

Māori Incorporations - licence to occupy land - two competing claims - Le Lievre v Muriwhenua Incorporation - Muriwhenua Incorporation (2016) 124 Taitokerau MB 231 (124 TTK 231) - Indiana Shewen

Waitangi Tribunal - Te Rōpū Whakamana i Te Tiriti o Waitangi

Review of Te Ture Whenua Māori Act 1993 – Waitangi Tribunal inquiry – summary of findings and recommendations - He Kura Whenua Ka Rokohanga - report on claims about reform of Te Ture Whenua Māori Act 1993 (Pre-publication) (Wai 2478, 2016) - Toni Love

Waitangi Tribunal procedure - urgent inquiries - mandate strategy - Application for an urgent hearing concerning the Crown’s recognition of the draft mandate strategy of the Uenuku Charitable Trust (Wai 2541, #2.5.4) - Nicholas Coyle

Review of Te Ture Whenua Māori Act 1993 - Waitangi Tribunal inquiry - initiation, consultation and consent - Toni Love

Print version

Download the Māori Law Review March 2016 (652 KB PDF)

Sir Edward Taihakurei Durie student essay competition 2015

Not one more acre: opportunity and compromise in Te Ture Whenua Māori Reform - Monique van Alphen Fyfe

He Kura Whenua Ka Rokohanga - report on claims about reform of Te Ture Whenua Māori Act 1993 (Pre-publication)

Chapter 5 - Ngā Whakakitenga Me Ngā Tūtohinga / Summary of findings and recommendations

Waitangi Tribunal (Wai 2478, 2016)

11 March 2016

The Waitangi Tribunal inquired urgently into claims about the Crown's process of consultation and proposed reforms to Te Ture Whenua Māori Act 1993. The Tribunal has issued its report. In this article Toni Love looks at Chapter 5, which summarises the findings, and make recommendations for the prevention of prejudice to Māori landowners and their whānau, hapū and iwi.

Download He Kura Whenua Ka Rokohanga - report on claims about reform of Te Ture Whenua Māori Act 1993 (Pre-publication). read more

Matchitt v Matchitt- Te Kaha 65

[2015] Māori Appellate Court MB 662 (2015 APPEAL 662)

23 November 2015

An appeal was set down for 13 November 2015. Prior to that date the parties filed a joint memorandum, seeking a rehearing (amongst other things). The issue for the Appellate Court to determine was whether it could refer the matter back to the lower Court for reconsideration without first concluding that the decision of the lower Court was in some way tainted and that a rehearing was required.

Download Matchitt v Matchitt- Te Kaha 65 (190 KB PDF) here.

read more