Hōngongoi 2020 July – Contents

Ngā ture o ngā iwi taketake - Rights of Indigenous peoples

The Sioux tribes’ opposition to the Dakota Access Pipeline - Standing Rock Sioux Tribe v US Army Corps of Engineers (DDC) Civil Action No 16-1534 - Stephen Young

Te Kōti Matua – High Court

Intestacy - administration of estate by natural child adopted out - whānau - Berghan - Estate of Tasman William John Berghan (deceased) [2020] NZHC 1399 - 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

Injunctions - sought over General land - refused - no jurisdiction - Walker - Mangawhati 3B3 and Mangawhati 3B1 (2020) 214 Taitokerau MB 88 (214 TTK 88) - Sam Taylor

2020 Māori Land Court judgments - index

2019 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Mana Ahuriri mandate inquiry report - ratification results (Wai 2573, 2020) - Zoe Rose-Curnow

Takutai moana - Waitangi Tribunal report on the Marine and Coastal Area (Takutai Moana) Act 2011 - stage one (Wai 2660, 2020) - Zoe Rose-Curnow

Waitangi Tribunal procedure - urgent inquiry declined - vocational education (Wai 2882) - Laura Sturch

Ngā Whakaturetanga - Legislation

Indigenous languages in Parliament and legislation - comparing the Māori and Indigenous Australian experience - Julian R. Murphy

Print version

Download the Māori Law Review July 2020 (538 KB PDF)


Mana Ahuriri mandate inquiry report – ratification results

The Mana Ahuriri Mandate Report

Waitangi Tribunal (Wai 2573)

31 July 2020

The Waitangi Tribunal inquired into claims about the Crown's monitoring of processes followed by negotiators for the Mana Ahuriri hapū to maintain their mandate and to finalise a settlement of historical claims.

Download The Mana Ahuriri Mandate Report (3.7 MB, PDF). read more

Waitangi Tribunal procedure – urgent inquiry declined – vocational education

Decision of the Deputy Chairperson on applications for an urgent hearing

Waitangi Tribunal (Wai 2882, #2.5.12)

21 July 2020

Applications for an urgent hearing in relation to the Crown's proposed reforms to the vocational education sector were dismissed. The proceedings were interrupted by the introduction of the Reform of the Vocational Education Bill to the House of Representatives; however, the Tribunal has since had jurisdiction for 5 months, and the parties have not taken further steps. Accordingly, the Judge considered the matter was not urgent and it was dismissed.

Download Decision of the Deputy Chairperson on applications for an urgent hearing (when available).
read more

Rehearing – extraordinary circumstances – Walker-Grace

Walker-Grace - Lot 5 Allotment 54 Parish of Matakohe

Maori Land Court (2020) 214 Taitokerau MB 211 (214 TTK 211)

22 July 2020

Rehearing granted. The applicant missed the original hearing due to unforeseen and extraordinary circumstances.

Download Walker-Grace - Lot 5 Allotment 54 Parish of Matakohe (PDF, 148 KB).

read more

Intestacy – administration of estate by natural child adopted out – whānau – Berghan

Berghan- Estate of Tasman William John Berghan (deceased) 

High Court [2020] NZHC 1399

19 June 2020

The Court reversed a registrar's decision refusing to grant the applicant the right to administer her natural father's estate. The applicant was adopted and had retained contact with her natural father and his whānau.

Download Berghan - Estate of Tasman William John Berghan (deceased) (430 KB PDF). read more

Rights of Indigenous peoples – the Sioux tribes’ opposition to the Dakota Access Pipeline – Standing Rock VI

Standing Rock Sioux Tribe v US Army Corps of Engineers (DDC) Civil Action No 16-1534

United State District Court for the District of Columbia

25 March 2020 and 6 July 2020

Dr Stephen Young examines two 2020 judgments in the ongoing dispute about the Dakota Access Pipeline brought by Sioux Indigenous peoples. These judgments deal with whether the pipeline can be used while required environmental impact assessments are outstanding.

Download Standing Rock Sioux Tribe v US Army Corps of Engineers (DDC) Civil Action No 16-1534 and Standing Rock Sioux Tribe v Army Corps of Engineers (Subsequent Determination), --- F Supp 3d ---, 2020 WL 3624426 (DDC)

read more

Takutai moana – Waitangi Tribunal report on the Marine and Coastal Area (Takutai Moana) Act 2011 – stage one

The Marine and Coastal Area (Takutai Moana) Act 2011 inquiry - stage one report

Waitangi Tribunal (Wai 2660, 2020)

29 June 2020

The Waitangi Tribunal has released its stage one report on its inquiry into the Marine and Coastal Area (Takutai Moana) Act 2011. Stage one of the inquiry focused on whether the procedural and resourcing arrangements supporting the Act breached the Treaty of Waitangi and prejudicially affected Māori.

Download The Marine and Coastal Area (Takutai Moana) Act 2011 inquiry - stage one report (1.6 MB PDF). read more

Injunctions – sought over General land – refused – no jurisdiction – Walker

Walker - Mangawhati 3B3 and Mangawhati 3B1

Māori Land Court (2020) 214 Taitokerau MB 88 (214 TTK 88)

30 June 2020

Application for an urgent injunction to stop the sale of Mangawhati 3B1 dismissed for lack of jurisdiction.

Download Walker - Mangawhati 3B3 and Mangawhati 3B1 (169 KB PDF).

read more

Indigenous languages in Parliament and legislation – comparing the Māori and Indigenous Australian experience

Julian R. Murphy looks at the use of Indigenous languages in parliamentary proceedings and legislation in Aotearoa New Zealand and Australia. read more