Māori Law Review

Te Pōtitanga Whānui - General Election

2020 General Election and government formation - Craig Linkhorn

Te Kōti Pīra – Court of Appeal

Chief Judge's powers - order varying trust annulled - upheld on further appeal - Inia v Julian [2020] NZCA 423 - Zoe Rose-Curnow

Te Kōti Matua – High Court

Judicial review - preliminary hearing - appointment of pūkenga - cross examination of witnesses in judicial review proceedings - Ngāti Whātua Ōrākei Trust v Attorney-General No 1 [2020] NZHC 3120 - Zoe Rose-Curnow

Te Kōti Pīra Māori – Māori Appellate Court

2020 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Injunctions - permanent injunctions granted - ownership of structures - rights of ownership do not encompass rights of occupation or access - Te Amo v Nicholas - Te Whaitinui-A-Toi Block (2020) 233 Waiariki MB 92 (233 WAR 92) - Sam Taylor

Trusts - alienation of trust land declined - trust to remain - Miru Whānau Trust - Waimata 2E Block (2020) 221 Taitokerau MB 243 (221 TTK 243) - Sam Taylor

Trusts - review of trust - two trustees removed - breaches of trust order - Taniwha v Sheehan - Ririwha (Stephenson Island) (2020) 216 Taitokerau MB 274 (216 TTK 274) - Sam Taylor

Trusts - directions required for administrative efficiency - Maxwell - Section 313 Parish of Waimana (2020) 239 Waiariki MB 27 (239 WAR 27) - Sam Taylor

Trusts - directions - trustee conflict of interest - Broughton - Horowhenua 11B36 Sec 2L4A Kawiu Marae (2020) 424 Aotea MB 20 (424 AOT 20) - Hinemoana Markham-Nicklin

2020 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 IV (Wai 898, 2019) - Zoe Rose-Curnow

Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims Part V (Wai 898, 2019) - Zoe Rose-Curnow

Waitangi Tribunal procedure - decision on urgent inquiry adjourned - Whakatōhea - Wai 2961, #2.5.4 - Zoe Rose-Curnow

Ngā Whakaturetanga - Legislation

Pūnaha whakawā - The Use of DNA in Criminal Investigations - Te Aka Matua o Te Ture - Zoe Rose-Curnow

Treaty settlement legislation before the House of Representatives in 2020 - Dr Carwyn Jones and Hine Markham-Nicklin

Ngā roia - lawyers

Te Hunga Rōia Māori o Aotearoa - milestone partnerships - 2020 - Zoe Rose-Curnow

Sir Edward Taihakurei Durie student essay competition 2020

Interrogating Ellis v The Queen: Tikanga Māori in the common law of Aotearoa New Zealand - Elliott Harris

Print version

Download the Māori Law Review December 2020 (696 KB PDF)

Ngāti Whātua Ōrākei Trust v Attorney-General No 1

High Court [2020] NZHC 3120

16 November 2020

Preliminary judgment identifying issues and making determinations about cross-examination of witnesses and the appointment of independent pūkenga.

Download Ngāti Whātua Ōrākei Trust v Attorney-General No 1 (321 KB PDF).

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In 2020 claims settlement legislation continued to feature in the House of Representatives to give effect to settlements reached in recent years. Hine Markham-Nicklin assisted Dr Carwyn Jones with research and writing for this report.

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Te Mana Whatu Ahuru: Report of Te Rohe Pōtae Claims - pre-publication version part IV

Te Rōpū Whakamana i Te Tiriti o Waitangi (Wai 898, 2019)

The Waitangi Tribunal released the fourth part of its report on Te Rohe Pōtae Claims at the end of 2019. This report follows on from part III which was released in June 2019. Part IV examines the loss of tribal authority stemming from land alienation, and the spread of European settlement. The Crown's interest in settlement spurred the creation of local government structures oriented to the Pākehā population, and the development of statutory regimes for the compulsory taking of land for public works. Tribunal authority was further diminished by the increasing regulation by the Crown and local authorities of natural resources and the environment, including water bodies.

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Te Mana Whatu Ahuru: Report of Te Rohe Pōtae Claims - part V

Te Rōpū Whakamana i Te Tiriti o Waitangi (Wai 898, 2020)

The Waitangi Tribunal has released the fifth part of its report on Te Rohe Pōtae Claims. This report follows on from part IV which was released in December 2019. This fifth part of the report addresses claims related to health, alcohol consumption and control, socio-economic conditions, education, and the use and development of te reo Māori.

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The Use of DNA in Criminal Investigations | Te Whakamahi i te Ira Tangata i ngā Mātai Taihara

Law Commission

24 November 2020

Te Aka Matua o Te Ture, the Law Commission, has issued a report on The Use of DNA in Criminal Investigations. The report sets out the Commission’s analysis of the current DNA regime and makes recommendations to “ensure the law governing the collection and use of DNA criminal investigations is fit for purpose, constitutionally sound and accessible.” (At [2.1].)

The report follows on from Te Aka Matua's Issues Paper on this topic released in December 2018.

Download The Use of DNA in Criminal Investigations | Te Whakamahi i te Ira Tangata i ngā Mātai Taihara (3.64 MB PDF). read more

Māori Land Court (2020) 424 Aotea MB 20 (424 AOT 20)

30 November 2020

A trustee for Kawiu Marae applied for directions from the Court on performance of trustee duties in relation to the selection and appointment of a site manager for the Kawiu Marae refurbishment project. The trustee claimed that current trustees had acted contrary to their duties. Court determined trustees acted in breach of duty of non-conflict. Trustees directed to adhere to their duties at all times.

Download Broughton - Horowhenua 11B36 Sec 2L4A Kawiu Marae (260 KB PDF) read more

Māori Land Court (2020) 239 Waiariki MB 27 (239 WAR 27)

12 August 2020

Application for Court directions and orders to enhance the administrative efficiencies at the Wainui Trust, as well as a related entity, the Ringatū Church Incorporation. There were long-standing issues concerning the processes for the nominations of trustees, the relationship between the trust and the incorporation, whether a separate reservation should be created over the Wainui Marae, and other various administrative functions. The Court directed a hui be convened to discuss these matters with owners.

Download Maxwell - Section 313 Parish of Waimana (209KB PDF) read more

The Electoral Commission released the final results of the 17 October general election on 6 November 2020 and supplemented the results with more detailed analysis of voting behaviour in late November 2020. read more

Māori Land Court (2020) 233 Waiariki MB 92 (233 WAR 92)

20 May 2020

Application for permanent injunctions to prevent occupation of trust land by the respondents granted. While the respondents owned the structures on the land, the right to occupation and access of the land did not run with the right of ownership.

Download Te Amo v Nicholas - Te Whaitinui-A-Toi Block (397 KB PDF) read more

Māori Land Court (2020) 216 Taitokerau MB 274 (216 TTK 274)

3 September 2020

An application to review the Ririwha Ahu Whenua Trust and to remove two trustees for breaches of the trust order granted. The Court noted that there was a fundamental misunderstanding of the trust order and the duties of trustees.

Download Taniwha v Sheehan - Ririwha (Stephenson Island) (291 KB PDF) read more

Sir Edward Taihakurei Durie student essay competition 2020

Interrogating Ellis v The Queen: Tikanga Māori in the common law of Aotearoa New Zealand

Elliott Harris

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26 November 2020

Application for the confirmation of sale and alienation of the Waimata 2E Block and an application for the termination of the Trust. The Court declined to confirm the sale and alienation because it would breach an express provision within the trust order and it would be at the expense of the wider class of beneficiaries. The Trust was also to remain intact.

Download Miru Whānau Trust - Waimata 2E Block (340 KB PDF) read more

In 2020 Te Kāhui Ture o Aotearoa (the New Zealand Law Society) and Te Hunga Rōia Māori o Aotearoa (the Māori Law Society) formalised their relationship in two significant ways: first, by signing a Memorandum of Understanding (MoU); then Te Kāhui Ture o Aotearoa established places for Te Hunga Rōia Māori o Aotearoa and the Pacific Lawyers Association as permanent members of the governing Council of its organisation. Te Hunga Rōia Māori o Aotearoa has also partnered with Te Aka Matua o Te Ture (the Law Commission). read more

Indigenous peoples and COVID-19 – online seminars

Māmari Stephens chairs a panel discussion with presentations by Professor Margaret Mutu, Julia Whaipooti, and health academic Dr Rhys Jones. They discuss Māori experience of law and justice in Aotearoa New Zealand through the COVID-19 pandemic to date

Dr Carwyn Jones chairs a discussion with presentations by Courtney Skye, John Borrows, Jess Housty, and Jeff Corntassel on Indigenous peoples and COVID-19: issues of law and justice in Canada

Dr Claire Charters chairs a discussion with presentations by Aliza Organick, Kelsey Leonard, and Miriam Jorgensen on Indigenous peoples and COVID-19: issues of law and justice in the U.S.A.

Dr Fleur Te Aho chairs a discussion with presentations by Alison Whittaker and Larissa Behrendt on Indigenous peoples and COVID-19: issues of law and justice in Australia

Pūnaha whakawā - criminal justice

Getting the most out of section 27 of the Sentencing Act 2002 - Oliver Fredrickson

Mōtika tangata - human rights

Prisoner voting rights - Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 - Charlie Cox

Te pūnaha ture kākano rua - bilingual legal system

He Kākano Rua te Pūnaha Ture? - Alana Thomas

Te Kōti Pīra – Court of Appeal

Chief Judge's powers - order varying trust annulled - upheld on further appeal - Inia v Julian [2020] NZCA 423 - Zoe Rose-Curnow

Te Kōti Pīra Māori – Māori Appellate Court

2020 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

2020 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Waitangi Tribunal procedure - decision on urgent inquiry adjourned - Whakatōhea - Wai 2961, #2.5.4 - Zoe Rose-Curnow

Ngā whakahaere rauemi - Natural resource management

Notification of resource consent applications - breach of Te Tiriti - Reto Blattner de-Vries

Student editor 2021

Applications have now closed for our student editor position for 2021.

Sir Edward Taihakurei Durie student essay competition 2020

Our judges have decided. Elliot Harris is the winner of the 2020 student essay competition. His essay, on the Ellis case and tikanga Māori in the common law will be published in the February 2021 issue of the Review.

Print version

Download the Māori Law Review November 2020 (571 KB PDF)

Charlie Cox discusses the Electoral (Registration of Sentenced Prisoners) Amendment Act 2020, the most recent legislation modifying the ability of sentenced prisoners to exercise their right to vote.
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Inia v Julian 

Court of Appeal [2020] NZCA 423

17 September 2020

Unsuccessful appeal from the Māori Appellate Court. The trustees of the Inia Whānau Trust had successfully appealed from the Māori Land Court to the Māori Appellate Court where orders from the Māori Land Court varying the terms of the Trust were cancelled. The Appellate Court's approach was upheld.

Download Inia v Julian here (441 KB PDF). read more

Oliver Fredrickson discusses the range of steps that can be taken under section 27 of the Sentencing Act 2002 to ensure that sentencing decisions take account appropriately of the circumstances of the offender.
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I te tau 1987, i whakaturehia te reo Māori hei reo mana mō Aotearoa e te Ture mō te reo Māori me te ahei o ētahi tāngata ki te kōrero i te reo Māori i ngā kōkiritanga o te ture. Taka rawa mai ki te tau 2016, ka whakakorengia taua ture, kātahi ka whakakapingia tana tūranga e te Ture mō Te Reo Māori hou. Ko ngā hua o tēnei ture nei, ka pūmau tōnu te reo Māori ki tōna taumata hei reo mana mō Aotearoa, āpiti atu, i whakaūngia te reo Māori hei taonga mō te iwi Māori, he reo e kaingākautia ana e te motu whānui, ko te reo taketake ake o Aotearoa, ka mutu, he reo whakahirahira te reo Māori i te ahurea whānui o te motu. Toru tekau mā toru ngā tau ināianei mai i te whakaturetanga o te reo Māori hei reo mana o Aotearoa me te ahei ki te kōrero i te reo Māori i ngā Kōti, e uia tonu ana te pātai nui, āe rānei, nā ēnei whakaturetanga tō tātou reo Māori i whakaora i te pūnaha ture o Aotearoa?

E aro atu ana tēnei ātikara ki ngā whakaūnga a te Kāwanatanga e rārangihia ana i te Ture mō te reo Māori me te whakaaro mēnā e ngākau pono ana te Kāwanatanga ki aua whakaūnga me ā rātou here, ā rātou kawenga anō hoki i roto i Te Tiriti o Waitangi, me kōkiri tika atu te pūnaha ture o Aotearoa hei pūnaha ture kākano rua. read more

Notification of resource consent applications - decision-making in breach of Te Tiriti o Waitangi

Reto Blattner de-Vries

Reto Blattner de-Vries discusses discretionary decision-making around notification provisions under the Resource Management Act 1991 in contexts where a taonga resource of historical and cultural importance to tangata whenua is identified. read more

Indigenous peoples and COVID-19 – online seminars

Māmari Stephens chairs a panel discussion with presentations by Professor Margaret Mutu, Julia Whaipooti, and health academic Dr Rhys Jones. They discuss Māori experience of law and justice in Aotearoa New Zealand through the COVID-19 pandemic to date

Dr Carwyn Jones chairs a discussion with presentations by Courtney Skye, John Borrows, Jess Housty, and Jeff Corntassel on Indigenous peoples and COVID-19: issues of law and justice in Canada

Dr Claire Charters chairs a discussion with presentations by Aliza Organick, Kelsey Leonard, and Miriam Jorgensen on Indigenous peoples and COVID-19: issues of law and justice in the U.S.A.

Dr Fleur Te Aho chairs a discussion with presentations by Alison Whittaker and Larissa Behrendt on Indigenous peoples and COVID-19: issues of law and justice in Australia

Legal education in Aotearoa New Zealand

Educating for a bijural Aotearoa New Zealand legal system - the aspirations of Māori academics - Professor Jacinta Ruru

Te Kōti Mana Nui - Supreme Court

Pūnaha whakawā - criminal justice - jury racial bias - right to be free from discrimination - leave to appeal refused - Borell v R [2020] NZSC 101 - Craig Linkhorn

Te Kōti Matua - High Court

Raupatu - declarations of unlawfulness and breach of fiduciary duties refused - Te Ara Rangatū O Te Iwi O Ngāti Te Ata Waiohua Incorporated v The Attorney-General [2020] NZHC 1882 - Craig Linkhorn; comment on Te Ara Rangatū O Te Iwi O Ngāti Te Ata Waiohua Incorporated - David V Williams

Injunction - enforcement - contempt - Booth v Tito [2020] NZHC 1071 - Zoe Rose-Curnow

Te Kōti Pīra Māori – Māori Appellate Court

2020 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

2020 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Waitangi Tribunal procedure - decision on urgent inquiry adjourned - Whakatōhea - Wai 2961, #2.5.4 - Zoe Rose-Curnow

Ngā Whakahaere Rauemi - Resource Management

Māori interests in natural resource management - 2019 and (much of) 2020 in review - Dave Randal with Chelsea Easter, Alanna Garland Duignan and Frances Wedde

Student editor 2021

Applications are now open for our student editor position for 2021. See the details here. (Applications close on Friday 6 November 2020.)

Sir Edward Taihakurei Durie student essay competition 2020

Our judges have decided. Elliot Harris is the winner of the 2020 student essay competition. His essay, on the Ellis case and tikanga Māori in the common law will be published in the February 2021 issue of the Review.

Print version

Download the Māori Law Review October 2020 (529 KB PDF)

Booth v Tito

High Court [2020] NZHC 1071

21 May 2020

Responsibility for enforcement of an injunction for trespass was transferred from the Māori Land Court to the High Court. Mr Tito, one the of the owners and trustees of an Ahu Whenua Trust, trespassed on the land at issue which was leased. He refused to leave and was arrested and charged with contempt of Court. The Court fined him $2,000 and ordered to him pay the actual legal costs of the lessees.

Download Booth v Tito (607 KB PDF).

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Dave Randal, assisted by Chelsea Easter, Alanna Garland Duignan, Frances Wedde and other colleagues at Buddle Findlay review legal developments from 2019 and much of 2020 relating to Māori interests in natural resources. read more

Decision on application for urgent hearing - Whakatōhea Settlement Negotiations Claim

Waitangi Tribunal (Wai 2961, #2.5.4)

20 October 2020

Application for urgent hearing declined but adjourned for possible future consideration.

Download Decision on application for urgent hearing - Whakatōhea Settlement Negotiations Claim (611 KB, PDF). read more

Borell v R

Supreme Court [2020] NZSC 101

25 September 2020

Ms Borell's appeal from her conviction for murder was unsuccessful in the Court of Appeal. She sought leave to appeal to the Supreme Court. Leave was refused. Although the ground of appeal is a question of general or public importance, it could not be said to arise squarely on the facts of this case.

Download Borell v R (79 KB PDF) when available.

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