Māori Law Review

Te Kōti Pīra - Court of Appeal

Tikanga Māori - existing legal interests - Treaty clause not necessarily exhaustive - Trans-Tasman Resources v Taranaki-Whanganui Conservation Board [2020] NZCA 86 - Craig Linkhorn

Te Kōti Matua – High Court

Resource management - appeal and judicial review - proper regard to Treaty principles - Māori Advisory Committee - quashed - Klink v Environmental Protection Authority and Coastal Resources Ltd [2019] NZHC 3161 - Toni Love

Judicial review - interim order - interested party status - memorialised land remedies - Mercury NZ Ltd v Waitangi Tribunal [2020] NZHC 598 - Craig Linkhorn

Te Kōti Pīra Māori – Māori Appellate Court

2020 Māori Appellate Court judgments - index

2019 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Costs - 80% awarded - applicants acted unreasonably -Stewart v Eru - Succession to Teressa Ivor Silcock (2020) 200 Waikato Maniapoto MB 184 (200 WMN 184) - Kelly Mitchell

Costs - order for partial costs - recalled decision - Austen - Okahu 4D and other blocks (2020) 209 Taitokerau MB 150 (209 TTK 150-157) - Kelly Mitchell

Succession - ownership of fixture - transmission by survivorship - Kake - Estate of Aldyth Isabel Kake (2020) 209 Taitokerau MB 134 (209 TTK 134-148) - Kelly Mitchell

Partition - ownership of dwelling - both applications dismissed - no support from other owners - Atutahi - Ototoika A14 Block (2020) 201 Waikato Maniapoto MB 153 (201 WMN 153) - Sam Taylor

Trusts - trustee appointment - insufficient notice of election - issue of trusteeship not clear - Wharerau v Wade - Whakarewarewa Lot 29 Block (Wāhiao Meeting House) (2020) 232 Waiariki MB 44 (232 WAR 44) - Kelly Mitchell

Māori reservations - trustee removal - consequences - McLeod - Mangatawa 2B 2A Block (Tamapahore Marae) (2020) 201 Waikato Maniapoto MB 145 (201 WMN 145) - Zoe Rose-Curnow

2020 Māori Land Court judgments - index

2019 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Remedies recommendations - preliminary decision - Wairarapa ki Tararua district inquiry - Decision preliminary to interim recommendations (Wai 863, #2.835) - Zoe Rose-Curnow

Maniapoto mandate inquiry report (Wai 2858, 2019) - Zoe Rose-Curnow

Print version

Download the Māori Law Review April 2020 (384 KB PDF)

Mercury NZ Ltd v Waitangi Tribunal

High Court [2020] NZHC 598

23 March 2020

The High Court refused to make an interim order while the applicant's substantive judicial review case was determined. The interim order was sought to prevent the Waitangi Tribunal from issuing an initial determination of decisions on applications for resumption of memorialised properties.

Download Mercury NZ Ltd v Waitangi Tribunal (212 KB PDF). read more

Trans-Tasman Resources v Taranaki-Whanganui Conservation Board

Court of Appeal [2020] NZCA 86

3 April 2020

This was an unsuccessful appeal from the High Court, which had set aside marine consents and marine discharge consents granted by the Environmental Protection Authority. In the course of its judgment the Court of Appeal discussed how the decision-maker had engaged with tikanga Māori and Tiriti principles in identifying and considering the impact of the proposed consents on existing interests.

Download Trans-Tasman Resources v Taranaki-Whanganui Conservation Board (155 KB PDF).

read more

Māori Land Court (2020) 201 Waikato Maniapoto MB 153 (201 WMN 153)

7 April 2020

Applications for partition and for an order declaring that the applicant was the owner of a dwelling located on the Ototoika A14 Block dismissed. There was insufficient owner support and no evidence it was necessary for the effective operation, development and utilisation of land. The applicant had no ownership rights in the dwelling.

Download Atutahi - Ototoika A14 Block (286 KB PDF). read more

Māori Land Court (2020) 209 Taitokerau MB 150 (209 TTK 150-157)

18 March 2020

Award of 50% of costs incurred. The context involved a decision to recall the original judgment.

Download Austen - Okahu 4D and other blocks (187 KB PDF).

read more

McLeod - Mangatawa 2B 2A Block (Tamapahore Marae)

Māori Land Court (2020) 201 Waikato Maniapoto MB 145 (201 WMN 145)

3 April 2020

Unsuccessful application by two former trustees of the Māori reservation Mangatawa 2B 2A (more commonly known as Tamapahore Marae). The former trustees had been removed by the Court in 2007. The Court decided the Māori Reservation Regulations 1994 mean it is not possible to reappoint the trustees.

Download McLeod - Mangatawa 2B 2A Block (Tamapahore Marae)  (246 KB PDF).

read more

High Court [2019] NZHC 3161

3 December 2019

This appeal and judicial review, of a decision by the Environmental Protection Authority to grant a marine dumping consent, was granted and the consent decision quashed. The matter was referred back to the Environmental Protection Authority for reconsideration. In particular, on the reconsideration, to have regard to the advice of the Māori Advisory Committee for meaningful engagement with local iwi authorities and groups who may be affected by the application.

Download Klink v Environmental Protection Authority and Coastal Resources Ltd (545 KB PDF).

read more

Māori Land Court (2020) 200 Waikato Maniapoto MB 184 (200 WMN 184)

12 March 2020

Application for costs following a withdrawn succession application.  Award of 80% of incurred costs. The applicants acted unreasonably during the application process.

Download Stewart v Eru - Succession to Teressa Ivor Silcock  (265 KB PDF).

read more

Māori Land Court (2020) 209 Taitokerau MB 134 (209 TTK 134-148)

18 March 2020

Applications to determine ownership of a house along with succession and cancellation or amendment of an occupation order.

Download Kake - Estate of Aldyth Isabel Kake (234 KB PDF) when available.

read more

Māori Land Court (2020) 232 Waiariki MB 44 (232 WAR 44)

20 March 2020

Application seeking to replace the trustees of Wāhiao Marae (Whakarewarewa Lot 29 Māori Reservation) following elections held at the annual meeting. The Court dismissed the application. There was insufficient notice and it was not clear enough that an election of trustees was to be held at the annual meeting.

Download Wharerau v Wade - Whakarewarewa Lot 29 Block (Wāhiao Meeting House) (229 KB PDF).

read more

Waitangi Tribunal (Wai 2858)

11 December 2019

The Waitangi Tribunal inquired into claims about the Crown’s recognition of the Maniapoto Māori Trust Board’s mandate to negotiate a settlement of Ngāti Maniapoto historical claims.

Download The Maniapoto Mandate Inquiry Report (1.67 MB, PDF). read more

Decision preliminary to interim recommendations  

Waitangi Tribunal (Wai 863, #2.835)

24 March 2020

After hearing evidence and submissions about remedies to address prejudice found by the Tribunal in its Wairarapa ki Tararua district inquiry, the Tribunal decided that it would proceed to make binding recommendations for the return of land to Wairarapa Māori but would do so to a suitable recipient entity.

Download Decision preliminary to interim recommendations (when available). read more