Moses-Heeney - Estate of Eric Moses
Māori Land Court (2018) 201 Waiariki MB 122 (201 WAR 122)
14 November 2018
Application for whāngai to succeed as natural children granted.
Download Moses-Heeney - Estate of Eric Moses (282 KB PDF). read more
Hillier v Whitewood
High Court [2018] NZHC 2623
9 October 2018
Determination on the papers that the beneficiaries of the Ngaitai Iwi Authority had no authority to remove and appoint trustees outside the three-yearly election process.
Download Hillier v Whitewood (238 KB PDF).
Ngāti Rangitihi Settlement - decision on application for urgent hearing
Waitangi Tribunal (2018) Wai 2771, #2.5.2
16 November 2018
Application for urgent hearing declined. Urgency criteria not met because other possibilities for redress had not been exhausted.
Download Ngāti Rangitihi Settlement - decision on application for urgent hearing when available (540 KB PDF). read more
Rewiti v The Māori Women's Welfare League Inc
High Court [2018] NZHC 2713
19 October 2018
The applicant brought a challenge as a result of changes to the constitution of the Māori Women's Welfare League. The constitution previously limited the National Presidency to a single term of three years. After a review of the constitution, a replacement was adopted. The relevant replacement clause omitted to prohibit re-election of the President. The applicant contended this was unlawful because it was made contrary to the due notice requirements of the League's constitution. The Court considered the due notice given was appropriate in the circumstances and no re-election was necessary.
The Court also made observations about addressing tikanga Māori issues arising in the proceeding.
Download Rewiti v The Māori Women's Welfare League Inc (372 KB PDF). read more
Hui-a-Tau Conference 2018 - Te Hunga Roia Māori o Aotearoa
Chris Merrick, barrister with Corin Merrick, barrister
October 2018
Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its 30th annual conference at Rotorua in October 2018. The theme of the conference was “Ka kuhu au ki te ture, hei matua mo te pani – I seek refuge in the law, for it is a parent of the oppressed” – Te Kooti Arikirangi Te Turuki. 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 was given by barrister Chris Merrick and includes a te reo Māori contribution by his wife and fellow barrister Corin Merrick on what it means to be a Māori lawyer. read more
Hui-a-Tau Conference 2018 - Te Hunga Roia Māori o Aotearoa
Tiana Epati, President-Elect of the New Zealand Law Society
October 2018
Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its 30th annual conference at Rotorua in October 2018. The theme of the conference was “Ka kuhu au ki te ture, hei matua mo te pani – I seek refuge in the law, for it is a parent of the oppressed” – Te Kooti Arikirangi Te Turuki. 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 was given by Tiana Epati, criminal lawyer and President-elect of the New Zealand Law Society. read more
Memorandum-directions of the Presiding Officer regarding renewed Wai 87 application to participate and be heard as an interested party
Waitangi Tribunal (Wai 814 #2.654; Wai 1489 #2.6.6)
07 November 2018
The claimant in the Wai 87 claim (made on behalf of the iwi Whakatōhea) applied again to be granted interested party status in the remedies stage of the Tribunal's Turanganui a Kiwa district inquiry concerning Crown forest land at Mangatū. The renewed application was declined on the grounds that it was insufficiently compelling to displace the prejudice it would cause to the inquiry participants.
Download Memorandum directions of the presiding officer (402 KB PDF). read more
Pou v May - estate of Tame Horomona
Māori Land Court [2018] Chief Judge's MB 634 (2018 CJ 634)
11 October 2018
Application to cancel a succession order relating to Tame Horomona. The application was granted in relation to interests in Mimitu Ruarei 6. The Court recognised that Heni Tame Horomona was believed to be the same person as Tame Horomona Whatipu and that Tame Whatipu's interets in Mimitu Ruarei 6 were incorrectly vested in Heni Tame Horomona.
Download Pou v May - estate of Tame Horomona (334 KB PDF)
Pou - The Petuere me Hemo Wharemate Whānau Trust
Māori Land Court [2018] Chief Judge's MB 626 (2018 CJ 626)
11 October 2018
An application to cancel the order constituting the Petuere me Hemo Wharemate Whānau Trust. Application granted as the Court had incorrectly vested the interests of Petuere Rauriki in the Trust on the belief he was the same person as Petuere Rauriki Tuhiwai Wharemate.
Download Pou - The Petuere me Hemo Wharemate Whānau Trust (316 KB PDF)
Hotene - Estate of Paratene Mita Hotene
Māori Land Court (2018) Chief Judge's MB 277 (2018 CJ 277)
5 September 2018
An application to amend the succession orders of Paratene Mita Hotene. The application was granted as the previous order failed to accurately identify two of the four children of Kereopa Hotene and the applicant was unable to succeed to these interests.
Download Hotene - Estate of Paratene Mita Hotene (365 KB PDF).
Decision on applications for an urgent hearing - Maniapoto Māori Trust Board Deed of Mandate
Waitangi Tribunal (Wai 2621, #2.5.16; Wai 2663, #2.5.16; Wai 2656, #2.5.16; Wai 2611, #2.5.17; Wai 2614, #2.5.16; Wai 2620, #2.5.15; Wai 2596, #2.5.18; Wai 2597, #2.5.18; Wai 2598, #2.5.18)
16 November 2018
Decision granting an urgent inquiry into Crown recognition of the Maniapoto Māori Trust Board's deed of mandate.
Download Decision on applications for an urgent hearing - Maniapoto Maori Trust Board Deed of Mandate when available (4 MB PDF). read more
Matiu - Toetoe No 6
Māori Land Court [2018] Chief Judges MB 739 (2018 CJ 739)
7 November 2018
Application seeking to cancel combined partition orders made in 1971. Amendments made to the relevant orders to reflect the correct owners of Toetoe 6.
Download Matiu - Toetoe 6 (436 KB PDF). read more
Australia - the year in review - 2017-18 - James Dwyer
Judicial review - strike out reversed on final appeal - decisions in advance of proposed Treaty settlement - Ngāti Whātua Ōrākei Trust v Attorney-General [2018] NZSC 84 - Cate Barnett
Judicial review - stay upheld - regulatory procedure more appropriate - Reihana v Rakiura Titi Committee [2018] NZCA 325 - Toni Love
Procedure - strike out declined by consent - legal aid - extension of time granted - security - Hill v Māori Trustee [2018] NZCA 280 - Toni Love
Judicial review - strike out granted - no utility - moot legal issues - Ngāti Tama Ki Te Waipounamu Trust v Tasman District Council [2018] NZHC 2166 - Toni Love
Whānau - parenting order - balancing of principles - Nikau v Nikau [2018] NZHC 1862 - Toni Love
Trusts - charging order over future revenue upheld - Adlam v Niao - Matata Parish 39A 2A Ahu Whenua Trust [2018] Māori Appellate Court MB 478 (2018 APPEAL 478) - Toni Love
2018 Māori Appellate Court Judgments - index
Chief Judge's powers - amendment of a succession order - inaccurate reflection of the original will - Ketu - Estate of Te Ringahuia Rangitakatu (2018) Chief Judge's MB 237 (2018 CJ 237) - Annelise Samuels
Chief Judge's powers - erroneous succession order excluding children - Smith - Estate of Here Wiremu Ihaka Ututaonga [2018] Chief Judge's MB 541 (2018 CJ 541) - Carolyn Southey-Jensen
Chief Judge's powers - application to cancel succession order declined - order amended - Julian v Inia-McCaull - Estate of Moehuarahi Te Ruuri [2018] Chief Judge's MB 493 (2018 CJ 493) - Annelise Samuels
Chief Judge's powers - erroneous succession order - whāngai succession - preferred class of alienee - Puru - Takou [2018] Chief Judge's MB 563 (2018 CJ 563) - Carolyn Southey-Jensen
Procedure - court amended proceedings - administrative error - Pou - Maungakawakawa 6B, 6B1,6B2, 6B3 and 6B4 [2018] Chief Judge's MB 725 (2018 CJ 725) - Carolyn Southey-Jensen
Procedure - adjournment - related case in Court of Appeal - Carston v Kusabs - Lot 1 DPS 64109 and Lot 2 DPS 64109 (2018) 191 Waiariki MB 14 (191 WAR 14) - Annelise Samuels
Succession - contingent land interests - vested under will - Ford - Estate of Amiria Bowden (2018) 390 Aotea MB 25 (390 AOT 25) - Carolyn Southey-Jensen
Trusts - trustee appointment - tikanga at variance with trust deed - Solomon - Manukau Lands Trust (2018) 51 Te Waipounamu MB 40 (51 TWP 40) - Carolyn Southey-Jensen
Trusts - enforcement of trust obligations - no relief from liability - Rātima v Smith - Te Haroto 2B2B (2018) 70 Takitimu MB 88 (70 TKT 88) - Carolyn Southey-Jensen
Trusts - termination of trust - res judicata - Tito v Andrews - Mangakahia 2B2 No 2A1A (2018) 178 Taitokerau MB 193 (178 TTK 193) - Carolyn Southey-Jensen
Occupation orders - insufficient owner support - insufficient shareholding - Malcolm - Waione Y (2018) 195 Waiariki MB 111 (195 WAR 111) - Carolyn Southey-Jensen
2018 Māori Land Court Judgments - index
Te Rohe Pōtae district inquiry - Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims - overview - Elizabeth Derby
Waitangi Tribunal procedure - remaining historical claims - standing inquiry panel - Meredith Clement
Nopera Dennis-McCarthy won the 2018 Sir Edward Taihakurei Durie student essay competition sponsored by the Māori Law Review. His article will be published in a future issue of the Review.
Download the Māori Law Review October 2018 (689 KB PDF)
Nikau v Nikau
High Court [2018] NZHC 1862
19 July 2018
Appeal allowed from a decision that a child should not be in the day-to-day care of her birth parents. Original decision quashed and an order made that the child is to be in the day-to-day care of her birth parents (subject to conditions allowing her to see her whāngai parents).
Download Nikau v Nikau (408 KB PDF). Please note this judgment is in a form that allows its reporting. read more
James Dwyer reviews developments for the rights of indigenous peoples in Australia over 2017 and 2018. read more
Hill v Māori Trustee
Court of Appeal [2018] NZCA 280
31 July 2018
Application for strike out declined by consent.
Download Hill v Māori Trustee (336 KB PDF). read more
Ketu - Estate of Te Ringahuia Rangitakatu
Māori Land Court [2018] Chief Judge's MB 237 (2018 CJ 237)
7 August 2018
An application to amend a succession order to reflect the true intention of the original te reo Māori version of the deceased's will. Application granted with all parties acknowledging the error.
Download Ketu - Estate of Te Ringahuia Rangitakatu (380 KB PDF).
Pou - Maungakawakawa 6B, 6B1,6B2, 6B3 and 6B4
Māori Land Court [2018] Chief Judge's MB 725 (2018 CJ 725)
30 October 2018
Application to amend or cancel a prior order of the Court under s 45 amended to be an application under ss 86 and 242 and set down for further hearing.
Download Pou - Maungakawakawa 6B, 6B1,6B2, 6B3 and 6B4 (311 KB PDF). read more
Julian v Inia-McCaull - Estate of Moehuarahi Te Ruuri
Māori Land Court [2018] Chief Judge's MB 493 (2018 CJ 493)
3 September 2018
An application to cancel a succession order which vested all of the deceased's Māori land interests in the Inia Whānau Trust, preventing the applicant from succeeding to the land. The application was declined, nevertheless the Court amended the order constituting the Inia Whānau Trust by renaming the tīpuna as Moehuarahi Te Ruuri. This enabled the applicant and her children to be included as beneficiaries of the trust.
Download Julian v Inia-McCaull - Estate of Moehuarahi Te Ruuri (374 KB PDF).
Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims
Waitangi Tribunal (Wai 898, 2018)
10 September 2018
The Waitangi Tribunal has released a number of chapters from its report on its inquiry into claims in Te Rohe Pōtae (the King Country). The Tribunal has found that the Crown’s significant breaches of the Treaty of Waitangi caused serious damage to the mana and autonomy of the iwi and hapū of Te Rohe Pōtae.
Download Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims read more
Tito v Andrews - Mangakahia 2B2 No 2A1A
Māori Land Court (2018) 178 Taitokerau MB 193 (178 TTK 193)
20 August 2018
Application to terminate trust dismissed.
Download Tito v Andrews - Mangakahia 2B2 No 2A1A (285 KB PDF). read more
Ngāti Tama Ki Te Waipounamu Trust v Tasman District Council
High Court [2018] NZHC 2166
22 August 2018
Application by the Tasman District Council to strike out the judicial review proceedings brought by Ngāti Tama ki Te Waipounamu Trust on the basis of no utility.
Download Ngāti Tama Ki Te Waipounamu Trust v Tasman District Council (446 KB PDF). read more
Reihana v Rakiura Titi Committee
Court of Appeal [2018] NZCA 325
27 August 2018
Appeal refused from a decision ordering a stay of proceedings. The High Court was correct to find the proceedings amounted to an abuse of process because there is a regulatory process to follow.
Download Reihana v Rakiura Titi Committee (340 KB PDF). read more
Carston v Kusabs - Lot 1 DPS 64109 and Lot 2 DPS 64109
Māori Land Court (2018) 191 Waiariki MB 14 (191 WAR 14)
28 June 2018
Adjournment granted given related matters before the Court of Appeal. To allow Māori Land Court proceedings to go ahead would be an unwise use of judicial resources.
Download Carston v Kusabs - Lot 1 DPS 64109 and Lot 2 DPS 64109 (278 KB PDF).
Smith - Estate of Here Wiremu Ihaka Ututaonga
Māori Land Court [2018] Chief Judge's MB 541 (2018 CJ 541)
9 September 2018
Application to amend succession orders granted.
Download Smith - Estate of Here Wiremu Ihaka Ututaonga (363 KB PDF).