Māori Law Review

Wati - Estate of Thomas Winitana Nuku Solomon

Māori Land Court (2018) 66 Tākitimu MB 176 (66 TKT 176)

26 February 2018

A reserved decision determining successors to Mr Thomas Solomon's land interests inherited from his whāngai father and uncle. Those Māori land interests received are to be returned to their source, namely Mr Solomon's whāngai father and uncle, and then distributed to the remaining successors of those persons.

Download Wati - Estate of Thomas Winitana Nuku Solomon (183 KB PDF).

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Māori Land Court (2018) 390 Aotea MB 268 (390 AOT 268)

28 September 2018

Application for enforcement of obligations of trust adjourned pending outcome of annual meeting regarding grants made in breach of trust.

Download Taniora v Crown - Pukemakoiti 2 (491 KB PDF). read more

Nyman v Appleton - Estate of Felix Appleton

Māori Land Court (2018) Chief Judge MB 31 (2018 CJ 31)

02 May 2018

A successful application to amend a succession order to include the applicant and allow her to succeed to the deceased's Māori land interests. The application was granted despite opposition from a child of the deceased.

Download Nyman v Appleton - Estate of Felix Appleton (410 KB PDF).

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Winitana - Mokau Reserve 

Māori Land Court (2018) 77 Tairawhiti MB 187 (77 TRW 187)

6 July 2018

Application to vest the Mokau reserve block in the hands of the original owners, remove the Māori reservation status and instead constitute an ahu whenua trust. The Court dismissed the application due to insufficient support for the change.

Download Winitana - Mokau Reserve (283 KB PDF).

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Djangozov v Johnston - Estate of Audrey Trimble 

Māori Land Court (2018) 185 Waiariki MB 238 (185 WAR 238)

19 April 2018

Application for directions and payment of funds held on trust by the Audrey Trimble Estate. Application dismissed as the respondent will be seeking further direction from the High Court on these issues.

Download Djangozov v Johnston - Estate of Audrey Trimble (272 KB PDF).

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Māori Land Court (2018) 50 Te Waipounamu MB 152 (50 TWP 152)

27 June 2018

Provisional determination made determining entitlement of a beneficiary to part of a property on a review of trust application.

Download Buchanan – Riwaka-Matiu-Matana Whānau Trust (253 KB PDF).  read more

First laws: tikanga Māori in / and the law

Shirley Smith Memorial Address 2017

Jacinta Ruru*

The Māori Law Review's consultant editor Professor Jacinta Ruru delivered the 2017 Shirley Smith memorial address. This is an annual address presented by the Women in Law Committee of the New Zealand Law Society's Wellington branch. The address is dedicated to Ms Smith, a Wellington lawyer and legal academic. Ms Smith was the first woman law academic in New Zealand. She qualified and practiced law at a time when few women were practicising.

The final edited version of Professor Ruru's address will be published in the Victoria University of Wellington Law Review. This version, taken from Professor Ruru's oral presentation, is printed with permission and may differ in minor respects from the final published version. read more

Barns - Lot 39A Sec. 2B No. 2B. No. 2A Parish of Matata 

Māori Land Court (2018) 387 Aotea 218 (387 AOT 218)

18 July 2018

An application for Special Aid to cover costs incurred by the applicant in travelling to hearing. Application dismissed as the applicant was made aware of the alternative hearing locations available and opted for the date which suited him best.

Download Barns - Lot 39A Sec. 2B No. 2B. No. 2A Parish of Matata  (298 KB PDF).

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Indigenous Courts, Self-Determination and Criminal Justice 

Valmaine Toki

Routledge, Abingdon and New York, 2018 (ISBN 978 0815375524)

Reviewed by Fleur Te Aho. read more

Court of Appeal - Te Kōti Pīra

Extradition - not oppressive - appellant surrendered - whanaungatanga - Tukaki v Commonwealth of Australia [2018] NZCA 324 - Toni Love

High Court – Te Kōti Matua

Judicial review - settlement redress property - overlapping claims - transfer not unreasonable - Ngāti Te Ata v The Minister for Treaty of Waitangi Negotiations [2017] NZHC 2058 - Toni Love

Procedure - appeal dismissed - failure to provide security - MV Rena - Ngai Te Hapu Incorporated v Bay of Plenty Regional Council [2018] NZHC 1710 - Toni Love

Family - language and school attendance - Cavanagh v Cavanagh [2017] NZHC 1546 - Toni Love

Procedure - representation order - refused - Tahi Enterprises Ltd v Taua [2018] NZHC 516 - Toni Love

Procedure - substitution of appellant - dismissed - Ngai Te Hapu Incorporated and Nga Potitki a Tamapahore Trust v Bay of Plenty Regional Council [2018] NZHC 936 - Toni Love

Procedure - security for costs - no waiver - no public interest - Ngai Te Hapu Incorporated and Nga Potitki a Tamapahore Trust v Bay of Plenty Regional Council [2018] NZHC 643 - Toni Love

Procedure - leave to appeal security for costs - dismissed - Ngai Te Hapu Incorporated and Nga Potitki a Tamapahore Trust v Bay of Plenty Regional Council [2018] NZHC 1142 - Toni Love

Costs - Treaty settlement litigation - public interest - normal rules apply - Ngāti Te Ata v The Minister for Treaty of Waitangi Negotiations & Ors [2018] NZHC 915 - Toni Love

Human rights - declaration - refused - mana whenua - insufficient evidence - Kamo v The Minister of Conservation [2018] NZHC 1983 - Craig Linkhorn

Māori Appellate Court – Te Kōti Pīra Māori

Determination of ownership - succession order - sale of land - s 77 - jurisdiction - equitable title - White v Potroz - Mohakatino Parininihi No 1C West 3A2 [2017] Māori Appellate Court MB 450 (2017 APPEAL 450) - Meredith Clement

2018 Māori Appellate Court Judgments - index

Māori Land Court - Te Kōti Whenua Māori

Injunction - trespass - no permission to occupy - Dawson v Young - Maungaturoto D1B Block (2018) 174 Taitokerau MB 89 (174 TTK 89) - Carolyn Southey-Jensen

Jurisdiction - trusts - recovery of land - lack of standing - Te Kanawa v Earle - Pukehina M Section 1B No 3 (2018) 193 Waiariki MB 151 (193 WAR 151) - Craig Linkhorn

Rehearing - partition set aside - change in commercial position - Committee of Management of Mangatawa Papamoa Blocks Incorporation Lot 1 DPS 65413 (2018) 164 Waikato Maniapoto MB 69 (164 WMN 69) - Craig Linkhorn

Chief Judge's powers - erroneous survey plan - order amended - Henare - Hokio A and Part Hokio A [2018] Chief Judge's MB 164 (2018 CJ 164) - Carolyn Southey-Jensen

Alienation - confirmation - changes of trustees - Potroz - Mohakatino Parininihi 1C West 3A2 (2018) 388 Aotea MB 233 (388 AOT 233) - Craig Linkhorn

Maori reservations - inquiry - removal of trustees - Hina - Ihupuku G (Ihupuku Pa) Maori Reservation (2018) 385 Aotea 1 (385 AOT 1) - Annelise Samuels

2018 Māori Land Court Judgments - index

Environment Court - Te Kōti Taiao o Aotearoa

MV Rena - consent to abandon and discharge contaminants - Ngāi Te Hapu Inc v Bay of Plenty Regional Council [2017] NZEnvC 073 - Toni Love

Waitangi Tribunal - Te Rōpū Whakamana i Te Tiriti o Waitangi

Waitangi Tribunal procedure - remedies - urgent inquiry refused - no imminent risk - Ngāti Rangi settlement - Rangataua and Umumore blocks (Wai 836, #2.54) - Meredith Clement

Whakatōhea mandate inquiry report - recognising a mandate to negotiate a settlement - Dr Carwyn Jones

Print version

Download the Māori Law Review August 2018 (479 KB PDF)

Ngai Te Hapu Incorporated v Bay of Plenty Regional Council 

High Court [2018] NZHC 1710

11 July 2018

Judgment dismissing an appeal from the Environment Court's decision granting resource consent to abandon the MV Rena and permit discharge of contaminants from that vessel. The appeal was dismissed and the hearing vacated as the appellant did not provide security for costs and there was no realistic prospect of success on appeal.

Download Ngai Te Hapu Incorporated v Bay of Plenty Regional Council (469 KB PDF). read more

Tahi Enterprises Ltd v Taua

High Court [2018] NZHC 516

26 March 2018

Application seeking an order appointing the third defendants, the trustees of the Te Kawerau Iwi Settlement Trust (the Settlement trustees), to represent the Iwi in the proceeding, dismissed.

Download Tahi Enterprises Ltd v Taua (583 KB PDF). read more

Ngai Te Hapu Incorporated and Nga Potiki a Tamapahore Trust v Bay of Plenty Regional Council

High Court [2018] NZHC 936

4 May 2018

An application to substitute appellants was dismissed. The proposed replacement appellants were not successors.

Download Ngai Te Hapu Incorporated and Nga Potiki a Tamapahore Trust v Bay of Plenty Regional Council (352 KB PDF). read more

Ngai Te Hapu Incorporated and Nga Potiki a Tamapahore Trust v Bay of Plenty Regional Council

High Court [2018] NZHC 1142

22 May 2018

Refusal of application seeking leave to appeal from the Court's decision declining to waive the appellants' obligation to provide security for the respondents' costs.

Download Ngai Te Hapu Incorporated and Nga Potiki a Tamapahore Trust v Bay of Plenty Regional Council (388 KB PDF). read more

Application for judicial review of a decision disposing of two properties classified as right of first refusal land by the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 declined. Although the decision was reviewable, it gave effect to a statute and was not unreasonable.

Download Ngāti Te Ata v The Minister for Treaty of Waitangi Negotiations (559 KB PDF).  read more

Ngāti Te Ata v The Minister for Treaty of Waitangi Negotiations & Ors

High Court [2018] NZHC 915

2 May 2018

Application for costs granted on a 2B basis. Although there are public interest elements, the normal rules for costs should apply.

Download Ngati Te Ata v The Minister for Treaty of Waitangi Negotiations & Ors (341 KB PDF). read more

Ngai Te Hapu Incorporated and Nga Potiki a Tamapahore Trust v Bay of Plenty Regional Council

High Court [2018] NZHC 643

11 April 2018

Application seeking an order waiving the requirement to provide security for costs dismissed.

Download Ngai Te Hapu Incorporated and Nga Potiki a Tamapahore Trust v Bay of Plenty Regional Council (395 KB PDF). read more

Kamo v The Minister of Conservation

High Court [2018] NZHC 1983

6 August 2018

Ngāti Mutunga o Wharekauri Iwi Trust (Ngāti Mutunga o Wharekauri) asked the Court for declarations that a proposed vesting of reserve land in the Hokotehi Moriori Trust, with reserve purposes continuing, would breach Ngāti Mutunga o Wharekauri rights protected by the New Zealand Bill of Rights Act 1990. The Court was not prepared to make the declarations sought on the evidence before it. The judgment explored contested issues of customary authority over land (mana whenua).

Download Kamo v The Minister of Conservation (619 KB PDF). read more

Tukaki v Commonwealth of Australia 

Court of Appeal [2018] NZCA 324

27 August 2018

This case was an appeal from a judgment refusing judicial review of a District Court decision about extradition of the appellant to Australia to face criminal charges.

The Court dismissed the appeal.  The appellant had argued that extradition would contravene the restrictions on surrender to another jurisdiction where this would be oppressive or unjust.  The Court of Appeal decided the appellant’s case did not meet the threshold of oppression.

The Court’s judgment accepted that the Treaty of Waitangi is relevant to interpreting the legislation and that judicial notice could be taken of the fact that whanaungatanga is a fundamental precept of tikanga Māori, extending beyond immediate family to whānau and hapū.

Download Tukaki v Commonwealth of Australia (439 KB PDF).  read more

Cavanagh v Cavanagh

High Court [2017] NZHC 1546

6 July 2017

Application to appeal a Family Court decision ordering that seven-year-old Olivia attend a mainstream school that did not offer te reo Māori. The Court allowed the appeal and chose a school that was a "compromise" between each parents' respective views.

Download Cavanagh v Cavanagh (568 KB PDF).

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Māori Land Court (2018) 174 Taitokerau MB 89 (174 TTK 89)

22 June 2018

An application was granted to trustee owners requiring a son of a deceased owner in the land to vacate it.

Download Dawson v Young - Maungaturoto D1B Block (269 KB PDF).  read more

[2017] Māori Appellate Court MB 450 (2017 APPEAL 450)

30 November 2017

Appeal of a lower court decision that held that the sale of Mohakatino Parininihi 1C West 3A2 was validly completed. Application dismissed. The title passed on the seal of the Board on the certificate of confirmation and the sale was not conditional on survey.

Download White v Potroz - Mohakatino Parininihi No 1C West 3A2 (570 KB PDF).  read more

Māori Land Court [2018] Chief Judge's MB 164 (2018 CJ 164)

15 June 2018

Application for amendment of historical partition order granted.

Download Henare - Hokio A and Part Hokio A (451 KB PDF).  read more

Hina - Ihupuku G (Ihupuku Pa) Maori Reservation

Māori Land Court (2018) 385 Aotea 1 (385 AOT 1)

31 May 2018

An inquiry into the affairs of Ihupuku G (Ihupuku Pa) Māori reservation was granted. Due to dysfunction, trustees were to be replaced.

Download Hina - Ihupuku G (Ihupuku Pa) Maori Reservation (317 KB PDF).

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Potroz - Mohakatino Parininihi 1C West 3A2

Māori Land Court (2018) 388 Aotea MB 233 (388 AOT 233)

24 August 2018

An application for orders to reflect a confirmation of alienation by way of mortgage and to note changes in trusteeship. Application granted, the change in circumstances should be reflected on formal records. Observations made about the process followed and notice given to previous litigant.

Download Potroz - Mohakatino Parininihi 1C West 3A2 (278 KB PDF).

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