Haratua 2020 May – Ngā Ihirangi | Contents

Mōtika tangata - Human rights

Mōtika Tangata mē Te Tiriti o Waitangi - mate korona mē te noho rāhui i Aotearoa taumata 4 | Human Rights and Te Tiriti o Waitangi: COVID-19 and Alert Level 4 in Aotearoa New Zealand - Toni Love

Te Kōti Pīra – Court of Appeal

Land transfer - caveat preventing dealings - removed on appeal - Stafford v Accident Compensation Corporation [2020] NZCA 164 - 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

Trusts - liability of former trustees to reimburse the trust fund - quantum - Beddoe order - Rātima v Sullivan - Tataraakina C (2019) 79 Tākitimu MB 103 (79 TKT 103) - Reto Blattner de-Vries

Trusts - trustee removal - conflict of interest - equitable damages - interest - Wikiriwhi v Walter - A16.4830 - Oruanui 9 and 10 Block (2020) 232 Waiariki MB 212 (232 WAR 212) - Kelly Mitchell

Trusts - trustee liability - repayment of legal costs - views of beneficial owners - Rātima v Sullivan - Tataraakina C (2019) 81 Takitimu MB 85 (81 TKT 85) - Kelly Mitchell

Trusts - partial termination - whānau trust - dissatisfaction - dwelling to remain in trust - Wallace v Downes - Te Rina Matene Downes Whanau Trust (2020) 414 Aotea MB 81 (414 AOT 81) - Sam Taylor

2020 Māori Land Court judgments - index

2019 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Plant variety rights reform - UPOV 91 accession - Treaty consistency (Wai 2522, 2020) - Craig Linkhorn

Heritage protection - urupā - assessment processes - the Kārewarewa Urupā Report (Wai 2200, 2020) - Zoe Rose-Curnow

Print version

Download the Māori Law Review May 2020 (448 KB PDF)


Land transfer – caveat preventing dealings – removed – appeal – Stafford

Stafford v Accident Compensation Corporation

Court of Appeal [2020] NZCA 164

15 May 2020

Unsuccessful appeal from the High Court finding there was no caveatable interest justifying Mr Stafford lodging a caveat to prevent dealings against the titles to land owned by the Accident Compensation Corporation (ACC). The caveat Mr Stafford placed on the land was to protect interests claimed on behalf of the owners of the Nelson Tenths. The Crown's duties in relation to the Nelson Tenths did not extend to ACC in its operational functions. A caveat preventing sale of the ACC land could not be sustained.

Download Stafford v Accident Compensation Corporation (922 KB PDF).  read more

Trusts – trustee removal – conflict of interest – equitable damages – interest – Wikiriwhi

Wikiriwhi v Walter - A16.4830 - Oruanui 9 and 10 Block

Māori Land Court (2020) 232 Waiariki MB 212 (232 WAR 212)

29 April 2020

A successful application for a review of the Oruanui Lands Trust, the enforcement of trust obligations of trust, and removal of trustees in light of the way a conflict of interest was addressed by trustees.

Download Wikiriwhi v Walter - A16.4830 - Oruanui 9 and 10 Block (328 KB PDF). read more

Heritage protection – urupā – assessment processes – the Kārewarewa Urupā Report

The Kārewarewa Urupa Report

Waitangi Tribunal (Wai 2200)

25 May 2020

The Waitangi Tribunal has released its report on claims that actions by Heritage New Zealand Pouhere Taonga concerning the Kārewarewa urupā breached Treaty principles of partnership and active protection. The Tribunal concluded there were contemporary breaches of Treaty principles relating to exploratory investigative processes causing prejudice, which it made recommendations about. The Tribunal was precluded from recommending the privately owned land be returned to Maori ownership.

Download The Kārewarewa Urupa Report (4.7 MB PDF). read more

Trusts – partial termination – whānau trust – dissatisfaction – dwelling to remain in trust – Wallace

Wallace v Downes - Te Rina Matene Downes Whanau Trust

Māori Land Court (2020) 414 Aotea MB 81 (414 AOT 81)

30 April 2020

A successful application for the partial termination of a whānau trust.

Download Wallace v Downes - Te Rina Matene Downes Whanau Trust (270 KB PDF) read more

Plant variety rights reform – UPOV 91 accession – Treaty consistency

Report on the Crown’s policy for the review of the plant variety rights regime

Waitangi Tribunal (Wai 2522) Stage 2

15 May 2020

The Waitangi Tribunal has released its report on claims about the Crown's review of the plant variety rights regime, concluding the reforms were not in breach of the Crown's Tiriti/Treaty obligations to Māori.

Download Report on the Crown’s policy for the review of the plant variety rights regime (1005 KB PDF). read more

Mōtika Tangata mē Te Tiriti o Waitangi – mate korona mē te noho rāhui i Aotearoa taumata 4

Mōtika Tangata mē Te Tiriti o Waitangi: Mate Korona mē te Noho Rāhui i Aotearoa Taumata 4 | Human Rights and Te Tiriti o Waitangi: COVID-19 and Alert Level 4 in Aotearoa New Zealand

Te Kāhui Tika Tangata | Human Rights Commission

April 2020

The Human Rights Commission (Commission) has released a report on Te Tiriti o Waitangi (Te Tiriti) implications resulting from the government's response to the Covid-19 pandemic (Report).

Download Mōtika Tangata mē Te Tiriti o Waitangi: Mate Korona mē te Noho Rāhui i Aotearoa Taumata 4 (341 KB, PDF)

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Trusts – liability of former trustees to reimburse the trust fund – quantum – Beddoe order – Rātima

Rātima v Sullivan - Tataraakina C

Māori Land Court (2019) 79 Tākitimu MB 103 (79 TKT 103)

22 October 2019

Application concerning the extent of liability of the former trustees for previous breaches that warranted their removal. The former trustees must repay the trust in relation to honey, fees, travel expenses and legal costs with some allowances made.

Download Rātima v Sulliva - Tataraakina C (488 KB PDF). read more

Trusts – trustee liability – repayment of legal costs – views of beneficial owners – Rātima

Rātima v Sullivan - Tataraakina C

Māori Land Court (2019) 81 Takitimu MB 85 (81 TKT 85)

24 December 2019

Judgment confirming that former trustees of Tataraakina C Trust should repay legal costs incurred. This determination followed a meeting of beneficial owners to obtain their views.

Download Rātima v Sullivan (123 KB PDF).

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