Pūnaha whakawā – criminal justice
Re-thinking systemic deprivation sentencing discounts - Oliver Fredrickson
Te Kōti Matua - High Court
Ngā whakahaere rauemi - natural resource management – assessment of cultural effects – consideration of alternatives – Tauranga Environmental Protection Society Incorporated v Tauranga City Council [2021] NZHC 1201 - Tom Bennion
Licences - lake owner licensing commercial activities - Tūwharetoa Māori Trust Board v Taupō Waters Collective Limited [2020] NZHC 1871 - Craig Linkhorn
Te Kōti Pīra Māori – Māori Appellate Court
Injunction - appeal - decision-making vested in trustees - Baker - Tataraakina C Trust [2021] Māori Appellate Court MB 308 (2021 APPEAL 308) - Craig Linkhorn
Costs - Nicholas v The Official Assignee - Lot 6 Deposited Plan South Auckland 34349 [2021] Māori Appellate Court MB 312 (2021 APPEAL 312) - Elizabeth Derby
Ownership of dwelling - Ratana v Tihi - Ruatoki B Sections 23 and others [2021] Māori Appellate Court MB 290 (2021 APPEAL 290) - Hinemoana Markham-Nicklin
2021 Māori Appellate Court judgments - index
2020 Māori Appellate Court judgments - index
Te Kōti Whenua Māori – Māori Land Court
Procedure - stay pending appeal - Trustees of Tūhoe - Te Uru Taumatua v Nikora (2021) 260 Waiariki MB 103 (260 WAR 103) - Craig Linkhorn
Costs - amicable whānau relationships -MacDonald v MacDonald - Wairau Block XII Section 6C 2C (2021) 72 Te Waipounamu MB 227 (72 TWP 227) - Elizabeth Derby
2021 Māori Land Court judgments - index
2020 Māori Land Court judgments - index
Print version
Download the Māori Law Review August 2021 (581 KB PDF)
Nicholas v The Official Assignee - Lot 6 Deposited Plan South Auckland 34349
[2021] Māori Appellate Court MB 312 (2021 APPEAL 312)
25 August 2021
Costs judgment following dismissal of Mr Nicholas' appeal in a case involving foreiture orders.
Download Nicholas v The Official Assignee - Lot 6 Deposited Plan South Auckland 34349 (234 KB PDF) read more
Baker - Tataraakina C Trust
[2021] Māori Appellate Court MB 308 (2021 APPEAL 308)
24 August 2021
Appeal from refusal to order injunction dismissed.
Download Baker - Tataraakina C Trust (208 KB PDF) read more
Tauranga Environmental Protection Society Incorporated v Tauranga City Council
High Court [2021] NZHC 1201
27 May 2021
This was an appeal from an Environment Court decision upholding the grant of consents for relocation of overhead powerlines from an existing site adversely affecting Māori land to a new site near a marae and kōhanga reo. The Court determined that the Environment Court wrongly concluded that there were minimal adverse cultural effects at the new site despite the affected hapū saying otherwise. Also, the Environment Court failed to properly analyse and apply planning documents which required a rigorous assessment of alternatives where Māori cultural interests were adversely affected by a proposal. The matter was referred back to the Environment Court for reassessment and possible further evidence on alternatives.
Download Tauranga Environmental Protection Society Incorporated v Tauranga City Council (920 KB PDF).
read more
Ratana v Tihi - Ruatoki B Sections 23 and others
[2021] Māori Appellate Court 290 (2021 APPEAL 290)
1 August 2021
Unsuccessful appeal challenging a decision of the Māori Land Court that a house is a fixture. The appellant argued the house is a chattel. When considering whether a house is a chattel or fixture, regard must be had to the particular circumstances of the case.
Download Ratana v Tihi - Ruatoki B Sections 23 and others (240 KB PDF)
read more
Trustees of Tūhoe - Te Uru Taumatua v Nikora
Māori Land Court (2021) 260 Waiariki MB 103 (260 WAR 103)
17 August 2021
Partially successful application for a stay of judgment pending appeal. Underlying the appeal about an election process is a question about whether the Land Court has jurisdiction over the trustees of Tūhoe's post-settlement governance entity.
Download Trustees of Tūhoe - Te Uru Taumatua v Nikora (236 KB PDF). read more
Oliver Fredrickson discusses how we might re-think sentencing discounts to reflect systemic deprivation in Aotearoa New Zealand. read more
MacDonald v MacDonald - Wairau Block XII Section 6C 2C
Māori Land Court (2021) 72 Te Waipounamu MB 227 (72 TWP 227)
31 August 2021
Costs judgment following dismissal of an application for possession of one-third of a land block where there were co-owners. No costs awarded.
Download MacDonald v MacDonald - Wairau Block XII Section 6C 2C (207 KB PDF). read more
Tūwharetoa Māori Trust Board v Taupō Waters Collective Limited
High Court [2020] NZHC 1871
23 July 2021
The Tūwharetoa Māori Trust Board sought declarations from the Court about its rights to license commercial activities using Taupō waters. The Court made declarations confirming the Board's ability to operate a commercial licensing regime for Taupō Waters.
Download Tūwharetoa Māori Trust Board v Taupō Waters Collective Limited (481 KB PDF).
read more
