Māori Law Review

Te Hunga Roia Māori o Aotearoa - hui-ā-tau

Keynote address - Keeping ourselves honest: Māori lawyers and mana-based change - Ani Mikaere

Te Kōti Matua - High Court

Takutai moana - tests to recognise customary marine title - Re Edwards (Te Whakatōhea No. 2) High Court [2021] NZHC 1025 - Andrew Irwin

Te Kōti Pīra Māori – Māori Appellate Court

Injunction - upheld - Peihopa v Peihopa - Kaikou H [2021] Māori Appellate Court MB 180 (2021 APPEAL 180) - Hinemoana Markham-Nicklin

Injunction - status of land - forfeiture orders - Nicholas v The Official Assignee - Lot 6 DP 34349 [2021] Māori Appellate Court MB 228 (2021 APPEAL 228) - Hinemoana Markham-Nicklin

Injunction - upheld - occupation order - no constructive trust - Nicholas v Te Amo - Te Whaiti-Nui-A-Toi Block [2021] Māori Appellate Court MB 273 (2021 APPEAL 273) - Hinemoana Markham-Nicklin

Status of land - exception to s 2(2)(f)/53 applies - Peacocke - Part Puketiti 2B2B 1 [2021] Māori Appellate Court MB 48 (2021 APPEAL 48) - Hinemoana Markham-Nicklin

Trusts - removal of trustees - conflict of interest - Walters v Wikiriwhi - Oruanui 9 and Others [2021] Māori Appellate Court MB 102 (2021 APPEAL 102) - Hinemoana Markham-Nicklin

2021 Māori Appellate Court judgments - index

2020 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Status of land - evidence of necessity - refusal to change status - Tapsell - Lot 1 Owhatiura South 5 Block (2021) 257 Waiariki MB 176 (257 WAR 176) - Elizabeth Derby

2021 Māori Land Court judgments - index

2020 Māori Land Court judgments - index

Legal education in Aotearoa New Zealand

Reflecting on a bijural, bilingual and bicultural law degree - Hinemoana Markham-Nicklin and Toni Wharehoka

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

Print version

Download the Māori Law Review July 2021 (479 KB PDF)

[2021] Māori Appellate Court 228 (2021 APPEAL 228)

17 June 2021

Application challenging a decision of the Māori Land Court dismissing an application brought by Ngāti Tai Hapū Incorporation for an urgent injunction to determine whether Maketū land is General land owned by Māori. Appeal dismissed. Ngāti Tai Hapū Incorporated had no standing to bring the application and the lower Court did not have jurisdiction to grant an injunction as the land is General land.

Download Nicholas v The Official Assignee - Lot 6 DP 34349 (258 KB PDF). read more

Re Edwards (Te Whakatōhea No. 2)

High Court [2021] NZHC 1025

7 May 2021

Several applicants have had their customary marine title (CMT) and protected customary rights (PCR) recognised over a number of areas in the eastern Bay of Plenty. This is the second case where the Court has made findings on CMT and PCR under the Marine and Coastal Area (Takutai Moana) Act 2011, and the first case to deal with overlapping applications and the requirements for rights recognition in detail.

Download Re Edwards (Te Whakatōhea No. 2) (2.4 MB PDF).

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[2021] Māori Appellate Court 273 (2021 APPEAL 273)

19 July 2021

This appeal was against an injunction preventing the applicant from occupying land on Te Whaiti-Nui-A-Toi and ordering her to remove a shed from the land. The applicant alleged that the Māori Land Court erred in finding that she was not entitled to a right of occupation of the shed and its surrounds on the basis of a constructive trust arising from a reasonable expectation. Appeal dismissed. Evidence supporting a right of occupation was lacking.

Download Nicholas v Te Amo - Te Whaiti-Nui-A-Toi Block (274 KB PDF) read more

[2021] Māori Appellate Court 180 (2021 APPEAL 180)

25 May 2021

Application challenging a decision of the Māori Land Court to grant an injunction removing Barry Peihopa from the Kaikou H Block after he refused to pay rent. Appeal dismissed. The issue sought to be raised on appeal was not raised in the lower Court, therefore there was no error in that decision.

Download Peihopa v Peihopa - Kaikou H (234 KB PDF) read more

[2021] Māori Appellate Court 102 (2021 APPEAL 102)

17 May 2021

Appeal against the Māori Land Court removing the appellants as trustees. The lower Court determined that one of the trustees (Mr Walters) had breached the trust order as he had voted and participated on matters despite having a clear conflict of interest. The rest of the trustees had breached their duties as they had failed to identify this conflict of interest. Further, the lower Court ordered Mr Walters to pay $128,475 to the trust. The appeals in relation to the conflict of interest and removal of trustees were dismissed and the appeal in relation to the payment owed by Mr Walters partially upheld.

Download Walters v Wikiriwhi - Oruanui 9 and Others (364 KB PDF) read more

Māori Land Court (2021) 257 Waiariki MB 176 (257 WAR 176)

30 June 2021

Application to change the status of land from Māori freehold land to General land to unlock the potential for developing whānau housing blocks.

Download Tapsell - Lot 1 Owhatiura South 5 Block (235 KB PDF) read more

[2021] Māori Appellate Court 48 (2021 APPEAL 48)

26 March 2021

Appeal challenging a decision of the Māori Land Court determining that Part Puketiti 2B2B 1 block was Māori freehold land. The trustees of Totoro Trust argued that the block was General land. Appeal dismissed. The Court confirmed that the land is Māori freehold land.

Download Peacocke - Part Puketiti 2B2B 1 (300 KB PDF) read more

Dixon - Succession to Hare Manukau

Māori Land Court [2021] Chief Judge's MB 887 (2021 CJ 887)

5 July 2021

Application to cancel succession orders on the basis that they were incorrect due to a mistake, error, or omission in the presentation of the facts of the case to the Court.

Download Dixon - Succession to Hare Manukau (942 KB PDF). read more

Hui-ā-Tau Conference 2021 - Te Hunga Rōia Māori o Aotearoa

Ani Mikaere, Pou Whakatupu Mātauranga, Te Wānanga o Raukawa

3 July 2021

Te Hunga Rōia Māori o Aotearoa held its annual conference from 1-3 July 2021 at the University of Canterbury. The theme of the conference, given by Moana Jackson, was 'Māori Lawyers as Agents of Mana-Based Change'. This theme encouraged presenters and conference participants to think deeply about how lawyers can contribute to social justice by pursuing change grounded in mana and tino rangatiratanga. Ani Mikaere was invited to give the closing keynote address of the conference to reflect on the conference theme and to challenge participants to pursue mana-based change.

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Hinemoana Markham-Nicklin^[1] and Toni Wharehoka^[2] reflect on what should happen next to realise the delivery of legal education in Aotearoa that is bijural, bilingual and bicultural. read more