Reihana v Rakiura Titi Committee
High Court [2016] NZHC 2048
31 August 2016
Application for strike out dismissed and application for a stay of proceedings granted.
Download Reihana v Rakiura Titi Committee (431 KB PDF). read more
Paul v Durie
High Court [2017] NZHC 713
12 April 2017
A strikeout application about a judicial review proceeding was dismissed.
Download Paul v Durie (2.4 MB PDF). read more
Ngāti Whātua Ōrākei Trust v Attorney-General
Court of Appeal - Te Kōti Pīra [2017] NZCA 183
15 May 2017
Applications seeking leave to intervene in an appeal were denied by the Court of Appeal.
Download Ngati Whatua Orakei Trust v Attorney-General (457KB PDF). read more
Ngāti Whātua Ōrākei Trust v Attorney-General
High Court [2017] NZHC 389
9 March 2017
A successful application to strike out the plaintiff’s claim applying for judicial review and declaratory relief. The proceeding concerned three decisions made by the Minister for Treaty of Waitangi Negotiations about land located on the Auckland isthmus the Crown proposed be used in Treaty of Waitangi settlements with other groups. The plaintiff's claim cannot succeed and the decisions are not susceptible to judicial review.
Download Ngāti Whātua Ōrākei Trust v Attorney-General (836 KB PDF). read more
Mahanga v Sade - Horahora 1A1
Māori Land Court (2017) 148 Taitokerau MB 237 (148 TTK 237)
26 April 2017
Application for discovery of three different types of evidence in relation to the upcoming substantive case. The Court applied Rule 6.20 of the Māori Land Court Rules and granted discovery orders for the first two types of evidence (contractual arrangements and bank statements) and dismissed the third type.
Download Mahanga v Sade - Horahora 1A1 (140 KB PDF). read more
Te Moana - Wharekura Patuwai in Maungaroa No.1 Section 27 Block
Māori Land Court [2017] Chief Judge's MB 156 (2017 CJ 156)
30 March 2017
Application for amendment to vesting order granted because of error. The original order was amended.
Download Te Moana - Wharekura Patuwai in Maungaroa No.1 Section 27 Block when available. read more
Rudd - Horowhenua Part 11 Reservation Trust
Māori Land Court (2017) 368 Aotea MB 201 (368 AOT 201)
24 April 2017
Application for a review and enforcement of trust obligations adjourned. The Court dismissed technical breaches but required greater evidence to properly assess alleged conflicts of interest.
Download Rudd - Horowhenua Part 11 Reservation Trust (287 KB PDF). read more
Cranstone - Kauangaroa No 2
Māori Land Court (2017) 366 Aotea MB 250 (366 AOT 250)
13 March 2017
Application seeking a right of way easement over Kauangaroa No 2 and application seeking a change of status of Kapakapa 1 to Māori freehold land and for the creation of a Māori reservation over this land granted.
Download Cranstone - Kauangaroa No 2 (328 KB PDF).
Dudley - Matoa, Whara and Te Karaka Ahu Whenua Trust
Māori Land Court (2017) 150 Taitokerau MB 151 (150 TTK 151)
23 May 2017
The Court had previously appointed seven new trustees for the Matoa, Whara and Te Karaka Ahu Whenua Trust and now gave reasons. The highest polling candidates were appointed with the Court also determining their suitability from assessing their skills and previous conduct.
Download Dudley - Matoa, Whara and Te Karaka Ahu Whenua Trust (275 KB PDF). read more
Decision of the Presiding Officer on recusal application by Ngāti Kahu
Waitangi Tribunal (Wai 45, #2.566)
12 May 2017
Te Rūnanga o Ngāti Kahu applied for the Presiding Officer of the Muriwhenua Waitangi Tribunal inquiry to remove himself on the basis he was biased. The judge accepted he might be biased and removed himself.
Download Decision of the presiding officer on recusal application by Ngāti Kahu when available. read more
Application for an urgent inquiry concerning prisoners' voting rights
The Waitangi Tribunal (Wai 2472, #2.5.14)
17 February 2017
The Waitangi Tribunal dismissed an application for an urgent inquiry about prisoners' voting rights under the Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010.
Download Application for an urgent inquiry concerning prisoners' voting rights (3154 KB PDF). read more
Application for an urgent inquiry concerning the Crowns actions and omissions regarding the Turakina Māori Girls College Claim
The Waitangi Tribunal (Wai 2564, #2.5.2)
24 November 2016
The Waitangi Tribunal declined to inquire urgently into the Crown’s actions and omissions during the process that led to the decision of the Minister of Education to disestablish and close Turakina College.
A link to Application for an urgent hearing concerning the Crowns actions and omissions concerning the Turakina Māori Girls College Claim will be provided once available.
read more
Application for an urgent inquiry into the Crown’s actions concerning the sale and development of land located at Omarukaikuru/Shelly Bay
The Waitangi Tribunal (Wai 2572, #2.5.3)
1 February 2017
The Waitangi Tribunal dismissed an application for an urgent inquiry into the proposed sale and development of land located at Omarukaikuru/Shelly Bay in Te Whanganui a Tara/Wellington.
Download Application for an urgent inquiry into the Crown’s actions concerning the sale and development of land located at Omarukaikuru/Shelly Bay (3545 KB) read more
Application for an urgent inquiry concerning the alleged inadequacy of the Heretaunga Tamatea Deed of Settlement to address and settle the Wai 2407 claim
The Waitangi Tribunal (Wai 2555, #2.5.6)
17 October 2016
The Waitangi Tribunal declined to inquire urgently into the claimant’s application concerning the Wai 2407 claim which concerns the loss of taonga belonging to the Estate of Pukepuke Tangiora. The applicants seek the return of the taonga which the Deed of Settlement does not contemplate.
Download Application for an urgent inquiry concerning the alleged inadequacy of the Heretaunga Tamatea Deed of Settlement to address and settle the Wai 2407 claim (448 KB).
read more
Fiduciary duty - Crown owed fiduciary duties to owners of Nelson tenths reserves - Proprietors of Wakatū v Attorney-General [2017] NZSC 17
Judicial review - dismissed - concessions to use conservation estate - respondent gave effect to Treaty principles - Ngai Tai Ki Tamaki Tribal Trust v Minister of Conservation [2017] NZHC 300 - James Watson
Recovery of possession - use of property to meet Treaty settlement obligation - indefeasibility of General land title - Mihinui v Attorney-General for The Ministry of Education [2016] NZHC 56 - Martha Reilly
Procedure - no final decision to appeal - Hunia v Skerrett-White – Kawerau A8D Block [2017] Māori Appellate Court 50 (2017 APPEAL 50) - Toni Love
Leave to appeal out of time - application declined - Tahere v Tau - Rangihamama X3A and Omapere Taraire E (Aggregated) [2017] Māori Appellate Court 62 (2017 APPEAL 62) - Toni Love
Leave to appeal out of time - application declined - Greenaway - Paenoa Te Akau [2017] Māori Appellate Court 44 (2017 APPEAL 44) - Toni Love
2017 Māori Appellate Court Judgments - index
2016 Māori Appellate Court Judgments - index
Injunction - trespass by ouster – Motiti - Hoete v Faulkner – Motiti North C No 1 Block (2017) 136 Waikato Maniapoto MB 278 (136 WMN 278) - Nopera Dennis-McCarthy
Chief Judge's powers - no jurisdiction - Antonovich - Te Moananui David Moses in Matakana 1B2H2 [2017] Chief Judge's MB 195 (2017 CJ 195) - Nopera Dennis-McCarthy
Chief Judge's powers - refusal to amend earlier exercise of powers - Korohiko Metua Smith (deceased) - Smith/Walker [2017] Chief Judge's MB 198 (2017 CJ 198) - Isabella Wilson
Status of land - application for change to general land to facilitate sale - application granted - Skudder - Tahorakuri A No 1 Sec 8B and Lot 1 Deposited Plan South Auckland 63822 (2017) 160 Waiariki MB 242 (160 WAR 242) - Nopera Dennis-McCarthy
Succession - vesting - land confirmed as Māori Freehold land - no grant of administration - Rangihuna – Marangairoa A44A (2017) 66 Tairawhiti MB 151 (66 TRW 151) - Isabella Wilson
Succession - whāngai interests - Ngā Rauru tikanga - McCallum v The Māori Trustee of Whanganui — Estate of Ngapiki Waaka Hakaraia (2017) Chief Judge’s MB 144 (2017 CJ 144) - Nopera Dennis-McCarthy
Trusts - review and variation - trust order approved with changes - Huriwai- Hinetiraha A2C Ahu Whenua Trust (2017) 66 Tairawhiti MB 157 (66 TRW 157) - Isabella Wilson
Roadway - rehearing - application to cancel roadway dismissed - Diamondaras v Rice- Rangiuru Part No 2A Roadway (2017) 159 Waiariki MB 94 (159 WAR 94) - Isabella Wilson
2017 Māori Land Court Judgments - index
Māori interests in natural resource management - 2016 in review by Annie O'Connor, Dave Randal and Alanna Garland Duignan
Tū Mai te Rangi! - the Crown and disproportionate Māori reoffending rates (Wai 2540, 2017)
Waitangi Tribunal procedure – urgent inquiries - the Marine and Coastal Area (Takutai Moana) Act (Te Kapotai) claim - Martha Reilly
Waitangi Tribunal procedure – urgent inquiries - The Taurewa Forest Deed of Settlement Claim - Martha Reilly
Te Ture Whenua Māori Bill – Te Pire mō Te Ture Whenua Māori - Select Committee report on Bill - Craig Linkhorn
Download the Māori Law Review April 2017 (803 KB PDF)
Mihinui v Attorney-General for The Ministry of Education
High Court [2016] NZHC 56
1 February 2017
The Ministry of Education sought to evict occupiers of 16 properties it owned in Tūrangi. It obtained possession orders from the Tenancy Tribunal. A rehearing was declined. An appeal to the District Court was unsuccessful. The occupiers appealed to the High Court claiming unextinguished aboriginal title to the properties. The Court dismissed the appeal finding the appellants' arguments unsustainable.
Download Mihinui v Attorney-General for The Ministry of Education (152KB PDF).
Proprietors of Wakatū v Attorney-General
Supreme Court [2017] NZSC 17
28 February 2017
Kylee Katipo discusses the recent Supreme Court judgment in Proprietors of Wakatū v Attorney General, which ruled that the Crown owed fiduciary duties to the customary owners of the Nelson tenths reserves.
See also Dr Alex Frame's article explaining some of the implications of the Supreme Court's decision and our summary article about the decision:
Fiduciary duty – a few remarks on Proprietors of Wakatū v Attorney-General [2017] NZSC 17 - Dr Alex Frame
Fiduciary duty – Crown owed fiduciary duties to owners of Nelson tenths reserves – Proprietors of Wakatū v Attorney-General - Martha Reilly
The Wakatū Decision: A Landmark Moment in New Zealand Law
Public lecture at Victoria University of Wellington, hosted by the New Zealand Centre for Public Law and the Māori Law Review and with the support of the Faculty of Law and Office of the Deputy Vice Chancellor (Māori).
20 April 2017
Dr Alex Frame (University of Waikato) illustrates some of the implications of the Supreme Court's recent decision in Proprietors of Wakatū v Attorney-General [2017] NZSC 17.
See also Kylee Katipo's article summarising the reasons given in the Supreme Court's decision and our summary article about the decision:
Fiduciary duty - Crown owed fiduciary duties to owners of Nelson tenths reserves - reasons - Proprietors of Wakatū - Kylee Katipo
Fiduciary duty – Crown owed fiduciary duties to owners of Nelson tenths reserves – Proprietors of Wakatū v Attorney-General - Martha Reilly read more
Hunia v Skerrett-White – Kawerau A8D Block
[2017] Māori Appellate Court 50 (2017 APPEAL 50)
30 March 2017
Application to appeal a lower Court decision dismissed. The Māori Appellate Court has no jurisdiction as the lower Court decision was not final.
Download Hunia v Skerrett-White – Kawerau A8D Block (195 KB PDF). read more
Tahere v Tau - Rangihamama X3A and Omapere Taraire E (Aggregated)
[2017] Māori Appellate Court 62 (2017 APPEAL 62)
11 April 2017
Application for leave to appeal out of time declined. In the interests of justice leave to appeal dismissed.
Download Tahere v Tau - Rangihamama X3A and Omapere Taraire E (Aggregated) (232 KB PDF). read more
Tū Mai Te Rangi! The Report on the Crown and Disproportionate Reoffending Rates
Waitangi Tribunal Wai 2540, 2017 (pre-publication version)
11 April 2017
The Waitangi Tribunal has upheld claims, inquired into urgently, about reducing the high rate of reoffending by Māori relative to non-Māori through the work of the Department of Corrections.
See the full report on this claim: Tū Mai Te Rangi! The Report on the Crown and Disproportionate Reoffending Rates. read more
Ngai Tai Ki Tamaki Tribal Trust v Minister of Conservation
High Court [2017] NZHC 300
1 March 2017
The applicant sought judicial review of decisions made by the Minister of Conservation's delegate relating to concessions made to other operators to promote tourism for Motutapu Island Recreation Reserve and Rangitoto Island Scenic Reserve. The application was dismissed. The decisions at issue did give effect to the principles of the Treaty of Waitangi.
Download Ngai Tai Ki Tamaki Tribal Trust v Minister of Conservation (336 KB PDF). read more
Greenaway - Paenoa Te Akau
[2017] Māori Appellate Court 44 (2017 APPEAL 44)
7 March 2017
Application for leave to appeal out of time declined. A delay of roughly two years is too long. The respondents would suffer undue prejudice.
Download Greenaway - Paenoa Te Akau 2 (212 KB PDF) here.