Whiringa-ā-nuku 2020 October – Contents

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)


Injunction – enforcement – contempt – Booth

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).

read more

Māori interests in natural resource management: 2019 and (much of) 2020 in review

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

Waitangi Tribunal procedure – decision on urgent inquiry adjourned – Whakatōhea

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

Pūnaha whakawā – criminal justice – jury racial bias – right to be free from discrimination – leave to appeal refused – Borell

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.

read more

Raupatu – declarations of unlawfulness and breach of fiduciary duties refused – Ngāti Te Ata

Te Ara Rangatū O Te Iwi O Ngāti Te Ata Waiohua Incorporated v The Attorney-General

High Court [2020] NZHC 1882

31 July 2020

Ngāti Te Ata brought proceedings against the Crown seeking declaratory relief in relation to land on the Āwhitu Peninsula which was all confiscated by or sold to the Crown in 1864. The High Court rejected the claims and suggested that this dispute was quintessentially a matter to resolve through Treaty of Waitangi settlement processes.

Alongside the case note below, Professor Emeritus David V Williams comments on this decision here.

Download Te Ara Rangatū O Te Iwi O Ngāti Te Ata Waiohua Incorporated v The Attorney-General (2.3 MB PDF)

read more

Raupatu – declarations of unlawfulness and breach of fiduciary duties refused – comment on Ngāti Te Ata

Te Ara Rangatū O Te Iwi O Ngāti Te Ata Waiohua Incorporated v The Attorney-General

High Court [2020] NZHC 1882

31 July 2020

Ngāti Te Ata brought proceedings against the Crown seeking declaratory relief in relation to land on the Āwhitu Peninsula which was all confiscated by or sold to the Crown in 1864. The High Court rejected the claims and suggested that this dispute was quintessentially a matter to resolve through Treaty of Waitangi settlement processes. We have reported the decision here. Professor Emeritus David V Williams comments on the decision. read more