Te Kōti Mana Nui – Supreme Court
Judicial review - allowed - concessions to use conservation estate - giving effect to Treaty principles - Ngāi Tai ki Tāmaki Tribal Trust v Minister of Conservation [2018] NZSC 122 - James Watson
Te Kōti Matua – High Court
Natural resource management - heritage protection of sites ousted by specific regime for mining - Te Ara Rangatu o te Iwi o Ngāti Te Ata Waiohua Incorporated v Attorney General High Court [2018] NZHC 2550 - Toni Love
Procedure - discovery - granted in part - claim bona fide and non-speculative - Tahi Enterprises Ltd v Taua [2018] NZHC 3372 - Toni Love
Te Kōti Pīra Māori – Māori Appellate Court
Trusts - term of investigatory trust - ahu whenua trust - Nicholas v Gibbons - Poike 8E [2019] Māori Appellate Court MB 68 (2019 APPEAL 68) - Craig Linkhorn
Trusts - duty to account to trustees - mesne profits - trespass - Nicholls v Nicholls - Koromatua 3A [2018] Māori Appellate Court MB 604 (2018 APPEAL 604) - Craig Linkhorn
2019 Māori Appellate Court judgments - index
Te Kōti Whenua Māori – Māori Land Court
Ownership - fixture - equitable interest in land - subset of owners - Clarke v Rewha - Hauai 2G2B (2019) 186 Taitokerau MB 68 (186 TTK 68) - Tom Bennion
Costs - double award inappropriate - Special Aid Fund -
2019 Māori Land Court judgments - index
Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal
Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims Part II - Meredith Clement
Sir Edward Taihakurei Durie student essay competition 2018
Incorporating indigenous worldviews on the environment into non-indigenous legal systems: has the Te Awa Tupua Act led to reconciliation and self-determination? - Nopera Dennis-McCarthy
He Taonga Te Tamariki - Eru Kapa-Kingi
Print version
Download the Māori Law Review March 2019 (601 KB PDF)
Tahi Enterprises Ltd v Taua
High Court [2018] NZHC 3372
18 December 2018
Application for pre-commencement discovery of the register of the individual members of the Te Kawerau Ā Maki Iwi granted. The plaintiffs' claims were bona fide and non-speculative.
Download Tahi Enterprises Ltd v Taua (970 KB PDF). read more
Committee of Management of Mangatawa Papamoa Blocks Incorporated - Lot 1 DPS65413 and Part Mangatawa Papamoa Block
Māori Land Court (2019) 189 Waikato Maniapoto MB 34 (189 WMN 34)
6 November 2019
The Court ordered a further partition of land, and made subsequent related orders, as part of an ongoing commercial development for the benefit of the hapū owners of this Māori Incorporation.
Download Committee of Management of Mangatawa Papamoa Blocks Incorporated - Lot 1 DPS65413 and Part Mangatawa Papamoa Block (969 KB, PDF). read more
Ngāi Tai ki Tāmaki Tribal Trust v Minister of Conservation
[2018] NZSC 122
14 December 2018
The appellant was successful in establishing that the Department of Conservation granted applications for concessions to use conservation land without appropriately giving effect to the principles of the Treaty of Waitangi. The error was sufficiently serious to warrant a remedy.
Download Ngāi Tai ki Tāmaki Tribal Trust v Minister of Conservation (898 KB PDF).
read more
Te Ara Rangatu o te Iwi o Ngāti Te Ata Waiohua Incorporated v Attorney General
High Court [2018] NZHC 2550
28 September 2018
NZ Steel obtained a declaration it did not need authority under the Heritage New Zealand Pouhere Taonga Act 2014 to undertake its mining operation at Maioro. The mining authorisation was a specific and detailed regime that was intended to apply for the duration of ironsand mining.
Download Te Ara Rangatu o te Iwi o Ngāti Te Ata Waiohua Incorporated v Minhinnick (2314 KB PDF)
read more
Nicholas v Gibbons - Poike 8E
[2019] Māori Appellate Court MB 68 (2019 APPEAL 68)
15 February 2019
A two year investigatory trust did not terminate by operation of law without a further court order. The outcome was variation of the trust to create an ahu whenua trust to administer the land block.
Download Nicholas v Gibbons - Poike 8E (408 KB PDF). read more
Clarke v Rewha - Hauai 2G2B
Māori Land Court (2019) 186 Taitokerau MB 68 (186 TTK 68)
21 February 2019
The Court determined that a shed on land was a fixture owned by six members of one whānau rather than all of the block's 43 owners.
Download Clarke v Rewha - Hauai 2G2B (366 KB PDF). read more
Nicholls v Nicholls - Koromatua 3A
[2018] Māori Appellate Court MB 604 (2018 APPEAL 604)
7 December 2018
Partly successful appeal from the lower court decision that the appellants had to account for revenue received from operation of a holiday park on the land both before and since the creation of a trust. However, the Court did not consider it necessary or appropriate to disturb the result of the decision under appeal as the difference in the award was negligible.
Download Nicholls v Nicholls - Koromatua 3A (303 KB PDF). read more
Māori Land Court
28 February 2019
Award of costs declined. Counsel for the respondents had already received payment of their full legal fees from the Maori Land Court Special Aid Fund. A double award would not be appropriate.
Download Appleton v Krissansen - Whangamata 4D 1C 1B (272 KB PDF).
read more
Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims – Pre-publication Version part 2
Waitangi Tribunal (Wai 898, 2018)
The Waitangi Tribunal has released two parts of its report on Te Rohe Pōtae Claims in pre-publication format. This forms part of the final report on the district inquiry into Te Rohe Pōtae (The King Country). Parts 1 and 2 focus on; The Treaty of Waitangi, Old Land Claims, Crown Purchasing, War and Confiscation, Aukati, Te Putake o te Ohaki Tapu, Main Trunk Railway, Native Land Court (1886-1907), Crown Purchasing (1890-1905). This report contains a brief chapter by chapter summary of the key findings of part 2 of the pre-publication report.
See Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims Part I for a summary of chapters 1-6.
For a shorter overview see Te Rohe Pōtae district inquiry – Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims – overview
Download Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims – Pre-publication version (19,148 KB PDF). read more
