Māori Law Review

Pūnaha whakawā - criminal justice

The emergence of whakamā in the sentencing process - Oliver Fredrickson and Stephen Woodwark

Te Kōti Matua – High Court

Ngā whakataunga tiriti - implementation - deferred selection properties - Poutu, Wano, Skelton, Kopu, Panoho, Ritai and Tamati v Attorney-General [2021] NZHC 723 - Zoe Rose-Curnow

Judicial review - non-notified grant of consent - Lysaght v Whakatane District Council [2021] NZHC 68 - Elizabeth Derby

Te Kōti Pīra Māori – Māori Appellate Court

2021 Māori Appellate Court judgments - index

2020 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Succession - giving effect to settlement of litigation - adjournment dismissed - Bisson v Otaraua Hapū Management Committee - Estate of Alayna Waimana Clark (2021) 431 Aotea MB 108 (431 AOT 108) - Zoe Rose-Curnow

Trusts – removal of trustees refused – new elections - Tūhoe - Nikora v Trustees of Tūhoe – Te Uru Taumatua Trust (2021) 252 Waiariki MB 158 (252 WAR 158) - Zoe Rose-Curnow

Trusts - trustee conflict of interest alleged - appointment adjourned - Knuckey v Telford - Wahapakapaka 7A Block (2021) 431 Aotea MB 119 (431 AOT 119) - Hinemoana Markham-Nicklin

2021 Māori Land Court judgments - index

2020 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Waitangi Tribunal procedure - urgent inquiry declined - Ngāti Pāoa settlement claim - Wai 2982, #2.5.10 - Zoe Rose-Curnow

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

Arotakena pukapuka – Book review

A Long Time Coming: The story of Ngāi Tahu's treaty settlement negotiations with the Crown - Carwyn Jones

Print version

Download the Māori Law Review May 2021 (374 KB PDF)

Poutu, Wano, Skelton, Kopu, Panoho, Ritai and Tamati v Attorney-General

High Court [2021] NZHC 723

1 April 2021

Unsuccessful litigation arising from an implementation issue in the Deed of Settlement between the Crown and Te Atiawa. The Deed mistakenly recorded Te Atiawa as being able to purchase 51 Crown properties at a 20 per cent reduction in value. In negotiating the settlement, the parties only intended one property to be purchased at a reduced price. The Court accordingly ordered rectification to reflect this.

Download Poutu, Wano, Skelton, Kopu, Panoho, Ritai and Tamati v Attorney-General (412 KB PDF).

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Lysaght v Whakatane District Council

High Court [2021] NZHC 68

10 February 2021

Judicial review applications in respect of a non-notified grant of consent by Whakatāne District Council for a service station located on a Māori roadway.

Download Lysaght v Whakatane District Council (693 KB PDF). read more

Nikora v Trustees of Tūhoe – Te Uru Taumatua Trust

Māori Land Court (2021) 252 Waiariki MB 157 (252 WAR 157)

21 April 2021

Application seeking the removal of trustees from the Tūhoe – Te Uru Taumatua Trust (TUT), on the basis that the trustees breached the trust deed in relation to trustee elections and convening annual general meetings. The Court declined to remove the trustees but did order new elections be held for two trustee positions.

Download Nikora v Trustees of Tūhoe – Te Uru Taumatua Trust (352 KB PDF) read more

Oliver Fredrickson* and Stephen Woodwark# discuss how whakamā is incorporated into the criminal justice system's sentencing process.

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Māori Land Court (2021) 431 Aotea MB 119 (431 AOT 119)

30 April 2021

Conflict of interest issues were raised in an application to appoint a trustee to the Wahapakapaka 7A Māori Reservation. The appointment application was adjourned to allow further submissions responding to certain allegations.

Download Knuckey v Telford - Wahapakapaka 7A Block (214 KB PDF) read more

Bisson v Otaraua Hapū Management Committee - Estate of Alayna Waimana Clark

Māori Land Court (2021) 431 Aotea MB 108 (431 AOT 108)

30 April 2021

Unsuccessful application from the Otaraua Hapū Management Committee (“Otaraua”) for the Court to adjourn for two weeks the making of succession orders so Otaraua could consider its position. The succession orders sought by the applicants were to give effect to a settlement of High Court litigation about the deceased's estate.

Download Bisson v Otaraua Hapū Management Committee - Estate of Alayna Waimana Clark (241 KB PDF) read more

A Long Time Coming: The story of Ngāi Tahu's treaty settlement negotiations with the Crown

Martin Fisher

Canterbury University Press, 2020 (ISBN 978-1-98-850311-0)

Reviewed by Dr Carwyn Jones

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