Te Kōti Pīra - Court of Appeal
Leave to appeal - declined - no second appeal - Tito v Tito [2021] NZCA 164 - Hinemoana Markham-Nicklin
Te Kōti Matua - High Court
Judicial review - remedies recommendations - tikanga Māori - Mercury NZ Ltd v Waitangi Tribunal [2021] NZHC 654 - Carwyn Jones
Judicial review - Crown entity disposal of land - Stafford v Attorney-General [2021] NZHC 335 - Zoe Rose-Curnow
Costs - further declarations sought - Stafford v The Attorney-General [2021] NZHC 1466 - Elizabeth Derby
Takutai Moana - 2020 in review - Andrew Irwin
Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal
Indigenous children and State care - He Pāharakeke, he Rito Whakakīkinga Whāruarua - inquiry into Oranga Tamariki - Zoe Rose-Curnow
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
Trusts - AGM held online - COVID-19 - Pera v Broomfield-Hoet - Tuhuna 16B (2021) 229 Taitokerau 190 (229 TTK 190) - Hinemoana Markham-Nicklin
2021 Māori Land Court judgments - index
2020 Māori Land Court judgments - index
Print version
Download the Māori Law Review June 2021 (457 KB PDF)
Mercury NZ Ltd v Waitangi Tribunal
High Court [2021] NZHC 654
30 March 2021
Partially successful judicial review of a preliminary decision of the Waitangi Tribunal to use its resumption powers to return two areas of land to Ngāti Kahungunu ownership. The decision was set aside and sent back to the Tribunal to reconsider.
Download Mercury NZ Ltd v Waitangi Tribunal (548 KB PDF).
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Court of Appeal [2021] NZCA 164
5 May 2021
Application for leave to appeal declined. The previous judgment was final and it is not open to the applicant to bring a second appeal.
Download Tito v Tito (225 KB PDF) read more
Stafford v The Attorney-General
High Court [2021] NZHC 1466
21 June 2021
Further judgment on costs and further declarations from the Court following the substantive judgment for this case issued earlier in 2021.
Download Stafford v The Attorney-General (260 KB PDF). read more
Andrew Irwin reviews procedural developments, principally from 2020 in the operation of the Marine and Coastal Area (Takutai Moana) Act 2011.
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Stafford v Attorney-General
High Court [2021] NZHC 335
2 March 2021
This judicial review case examined the Crown's refusal to place a moratorium on the disposal of land held by Crown entities in the wake of the Supreme Court's Wakatū decision. The applicant, Mr Stafford, was partially successful in that the Court decided that Crown entities have a duty to inform him of the pending sale of land. However, the Court found that the Crown could not have ordered a moratorium on the sale of land owned by Crown entities, and even if it could, Ministers were not wrong to refuse to do so.
Download Stafford v Attorney-General (321 KB PDF).
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He Pāharakeke, he Rito Whakakīkinga Whāruarua
Waitangi Tribunal (Wai 2915, 2021)
29 April 2021
The Waitangi Tribunal has released its report on its urgent inquiry into Oranga Tamariki, the Ministry for Children. The Tribunal found a number of Crown breaches of the Treaty of Waitangi, the most pervasive being Crown policy in place since the 1850s to assimilate Māori. The Tribunal examined changes to Oranga Tamariki as an organisation, introduced from 2017, and found that these are not enough to make the organisation's work Treaty compliant. The Tribunal recommended that an independent Māori Transition Authority be established to "identify the changes necessary to eliminate the need for State care of tamariki Māori." (At xiv.)
Download He Pāharakeke, he Rito Whakakīkinga Whāruarua (7.1 MB PDF). read more
Pera v Broomfield-Hoet - Tuhuna 16B
Māori Land Court (2021) 229 Taitokerau 190 (229 TTK 190)
6 May 2021
Application challenges decisions made by Te Kotahitanga Māori Reservation Trust including holding the 2020 AGM online and passing a resolution allowing trustees to continue to be trustees beyond the expiry of their terms. Court held that the AGM must be held again and that the trustees’ terms had expired.
Download Pera v Broomfield-Hoet - Tuhuna 16B (236 KB PDF) read more
