Māori Law Review

Te Kōti Mana Nui – Supreme Court

Mana whenua - Resource Management Act - Poutama Kaitiaki Charitable Trust and D & T Pascoe v Taranaki Regional Council [2021] NZSC 87 - Elizabeth Derby

Te Kōti Pīra – Court of Appeal

Public works - role of the Minister for Land Information - successful appeal - Minister for Land Information v Dromgool [2021] NZCA 44 - Elizabeth Derby

Te Kōti Pīra Māori – Māori Appellate Court

Māori reservation - change of name and change of purpose - mediated outcome - McLeod v Ngā Uri a Mata Ngapo Charitable Trust - Harataunga West 2B2A 1 [2021] Māori Appellate Court MB 319 (2021 APPEAL 319) - Elizabeth Derby

2021 Māori Appellate Court judgments - index

2020 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Injunction - license to occupy - Palmer v Harrison - Harataunga West 2B2B2B2 (2021) 227 Waikato Maniapoto MB 276 (227 WMN 276) - Elizabeth Derby

Chief Judge's powers - succession - Nicholas v Caudwell - Succession to Walker Whakaahua Kameta (2021) Chief Judge's MB 1023 (2021 CJ 1023) - Elizabeth Derby

Chief Judge's powers - succession - whakapapa connection - Gay v Tupara-Katu - Succession to Boy Kapua (2021) Chief Judge's MB 1120 (2021 CJ 1120) - Elizabeth Derby

Chief Judge's powers - succession - Tapsell - Succession to Pera Wikiriwhi or Pera Matataia (2021) Chief Judge's MB 1002 (2021 CJ 1002) - Elizabeth Derby

Chief Judge's powers - cancellation of succession - insufficient notice - Julian v Inia - Succession to Moehuarahi Te Ruuri (2021) Chief Judge's MB 1095 (2021 CJ 1095) - Elizabeth Derby

Chief Judge's powers - amendment of succession orders - Wharekawa - Succession to Rewi Maniapoto (Manga) [2021] Chief Judge's MB 1170 (2021 CJ 1170) - Elizabeth Derby

Chief Judge's powers - amendment of succession order - Murrell - Succession to Tuarua Heihei [2021] Chief Judge's MB 1215 (2021 CJ 1215) - Elizabeth Derby

Chief Judge's powers - amendment of succession order - Brown v Edmonds - Succession to Kuini Brown and Mate Ihipera Rewi Tamehana [2021] Chief Judge's MB 988 (2021 CJ 988) - Elizabeth Derby

Costs - successful rehearing application - Bamber v Official Assignee Lot 39 Deposited Plan South-Auckland 3455 (2021) 260 Waiariki MB 137 (260 WAR 137) - Elizabeth Derby

Costs - application outside jurisdiction of Māori Land Court - Ngāti Tai Hapū Inc. v Official Assignee - Lot 6 DP 343 49 (2021) 260 Waiariki MB 123 (260 WAR 123) - Elizabeth Derby

Alienation of land - preferred class of alienee - Dick - Wairau Block XII Section 7B2 and others (2021) 72 Te Waipounamu MB 147 (72 TWP 147)

Status of land - higher sale price - Jacobs - Waiteti No. 2A1B2A1C6 Block (2021) 260 Waiariki MB 110 (260 WAR 110) - Elizabeth Derby

Occupation orders - application to occupy - Te Rito - Whangawehi 13A or Whangawehi 13B (2021) 104 Tairawhiti MB 192 (104 TRW 192) - Hinemoana Markham-Nicklin

Succession - validity of will - Towler - Succession to Mona Towler (2021) 435 Aotea MB 37 (435 AOT 37) - Elizabeth Derby

Succession - whāngai - Grant v Grant - Succession to Harry Grant (2021) 104 Tairawhiti MB 122 (104 TRW 122) - Elizabeth Derby

Trusts - appointment of trustees - Knuckey v Telford - Wahapakapaka 7A (2021) 435 Aotea MB 68 (435 AOT 68) - Elizabeth Derby

Trusts - appointment of trustees - nomination process - Marshall - Otukou Papakāinga Trust (2021) 437 Aotea MB 116 (437 AOT 116) - Elizabeth Derby

Trusts - appointment of trustees - Sionetama - Puketapu E Māori Reservation (2021) 436 Aotea MB 273 (436 AOT 273) - Elizabeth Derby

Trustees - replacement trustees appointed - Ritai - Parihaka Papakāinga Trust (2021) 437 Aotea MB 64 (437 AOT 64) - Elizabeth Derby

Trustees - reduction in number - process to amend charter - Cottrell - Wharerangi 9 and 10 Blocks (2021) 91 Tākitimu MB 85 (91 TKT 85) - Hinemoana Markham-Nicklin

Partition - granted pending valuation - Karangaroa v Te Rito - Whangawehi 13A and 13B (2021) 104 Te Tairawhiti MB 200 (104 TRW 200) - Hinemoana Markham-Nicklin

Encroachment - relief - Marshall v Ratu - Whangape Lot 65B Sec 2A Block (2021) 227 Waikato Maniapoto MB 148 (227 WMN 148) - Elizabeth Derby

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 - application for urgent hearing - remand prisoners (Wai 3008, #2.5.8) - Elizabeth Derby

Waitangi Tribunal procedure - application for urgent inquiry adjourned - social security (Wai 3015, #2.5.6) - Elizabeth Derby

Waitangi Tribunal procedure - urgent inquiry declined - litigation funding (Wai 3006, #2.5.9) - Elizabeth Derby

Sir Edward Taihakurei Durie student essay competition 2021

Entries are open for the 2021 Sir Edward Taihakurei Durie student essay competition sponsored by the Māori Law Review. For more information and details on how the competition operates go here. Entries will close at 5 p.m. on Friday 1 Whiringa-ā-nuku (October) 2021.

Minister for Land Information v Dromgool

Court of Appeal [2021] NZCA 44

5 March 2021

Appeal by the Minister for Land Information from a High Court decision which had set aside an Environment Court report concluding that the taking of land to enable construction of an electricity transmission line would be fair, sound, and reasonably necessary.

Download Minister for Land Information v Dromgool (753 KB PDF).

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[2021] Māori Appellate Court MB 319 (2021 APPEAL 319)

23 September 2021

The Court gave effect to a mediated outcome of the subject of this appeal - changing the name and purpose of a reservation.

Download McLeod v Ngā Uri a Mata Ngapo Charitable Trust - Harataunga West 2B2A 1 (164 KB PDF). read more

Brown v Edmonds - Succession to Kuini Brown and Mate Ihipera Rewi Tamehana

Māori Land Court [2021] Chief Judge's MB 988 (2021 CJ 988)

22 July 2021

Application to amend a succession order. The applicant claimed the order was incorrect due to a mistake, error, or omission in the presentation of the facts of the case to the Court as the applicant's father was included in succession to land interests without his participation or consent.

Download Brown v Edmonds - Succession to Kuini Brown and Mate Ihipera Rewi Tamehana (294 KB PDF). read more

Murrell - Succession to Tuarua Heihei

Māori Land Court [2021] Chief Judge's MB 1215 (2021 CJ 1215)

31 August 2021

Application under s 45 of Te Ture Whenua Māori Act 1993 to amend a succession order. The applicants claimed that the original succession order had excluded the deceased's daughter from succeeding to his Māori land interests.

Download Murrell - Succession to Tuarua Heihei (260 KB PDF). read more

Wharekawa - Succession to Rewi Maniapoto (Manga)

Māori Land Court [2021] Chief Judge's MB 1170 (2021 CJ 1170)

17 August 2021

Application to amend succession orders to the Māori land interests of Rewi Maniapoto or Rewi Manga made in 1910. The reason for bringing the application was that a person entitled to the Māori land interests was omitted from the succession orders. Directions given.

Download Wharekawa - Succession to Rewi Maniapoto (Manga) (402 KB PDF). read more

Māori Land Court (2021) 104 Tairawhiti MB 192 (104 TRW 192)

23 July 2021

Application for occupation orders over Whangawehi 13A and 13B block granted. The Judge was satisfied that granting occupation orders was the best overall use of the land, that the owners of the land had sufficient notice and opportunity to discuss the applications and that the extent of the beneficial interest in the land held by the applicants justified the occupation orders.

Download Te Rito - Whangawehi 13A or Whangawehi 13B (254 KB PDF) read more

Māori Land Court (2021) 104 Te Tairawhiti MB 200 (104 TRW 200)

23 July 2021

Application for partition order over Whangawehi 13A and 13B granted pending receiving a valuation within one month and the area sought is varied. The Judge was not convinced that the entire area sought was required and instead asserted that the part known as Whangawehi 13B would be sufficient to meet the development needs of the whānau.

Download Karangaroa v Te Rito - Whangawehi 13A and 13B(247 KB PDF). read more

Decision on application for urgent hearing - a claim by Awatea Mita on behalf of Māori remand prisoners and Māori generally

Waitangi Tribunal (Wai 3008, #2.5.8)

9 August 2021

Decision concerning an application by Awatea Mita (the applicant) on behalf of Māori remand prisoners and Māori generally for an urgent hearing regarding the Bail Amendment Act 2013 (the Act).

Download Decision on application for urgent hearing - a claim by Awatea Mita on behalf of Māori remand prisoners and Māori generally (503 KB, PDF). read more

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Ngāti Tai Hapū Inc. v Official Assignee - Lot 6 DP 343 49

Māori Land Court (2021) 260 Waiariki MB 123 (260 WAR 123)

27 August 2021

Decision on costs following an earlier decision dismissing an injunction application by Ngāti Tai Hapū Incorporation on the basis that they did not have standing to bring the application and the subject land was General land that was outside the jurisdiction of the Māori Land Court.

Download Ngāti Tai Hapū Inc. v Official Assignee - Lot 6 DP 343 49 (228 KB PDF). read more

Bamber v Official Assignee Lot 39 Deposited Plan South-Auckland 3455

Māori Land Court (2021) 260 Waiariki MB 137 (260 WAR 137)

27 August 2021

Costs decision following a successful rehearing application by the Official Assignee.

Download Bamber v Official Assignee Lot 39 Deposited Plan South-Auckland 3455 (243 KB PDF). read more

Māori Land Court (2021) Chief Judge's MB 1120 (2021 CJ 1120)

12 August 2021

Application to amend succession orders because succession was granted to whāngai children who did not whakapapa to the land. The applicant claimed that documents before the Court were falsified and that she was not notified of the initial application, despite being a sister of the deceased.

Download Gay v Tupara-Katu - Succession to Boy Kapua (292 KB PDF). read more

Māori Land Court (2021) 437 Aotea MB 64 (437 AOT 64)

10 September 2021

Application to appoint replacement trustees for a marae in accordance with a meeting of beneficiaries.

Download Ritai - Parihaka Papakāinga Trust (296 KB PDF) read more

Tapsell - Succession to Pera Wikiriwhi or Pera Matataia

Māori Land Court [2021] Chief Judge's MB 1002 (2021 CJ 1002)

23 July 2021

Application seeking amendment of a succession order under s 45 of Te Ture Whenua Māori Act 1993.

Download Tapsell - Succession to Pera Wikiriwhi or Pera Matataia (485 KB PDF). read more

Grant v Grant - Succession to Harry Grant

Māori Land Court (2021) 104 Tairawhiti MB 122 (104 TRW 122)

16 July 2021

Application concerning succession by a whāngai child to Māori land interests.

Download Grant v Grant - Succession to Harry Grant (275 KB PDF). read more

Decision on application for urgent hearing - a claim by Lady Tureiti Moxon on behalf of the National Urban Māori Authority, the Urban Māori Authority members and the whānau they support

Waitangi Tribunal (Wai 3015, #2.5.6)

9 August 2021

Decision concerning an application for an urgent inquiry into the administration of the Social Security Act 2018 by the Ministry of Social Development (MSD) through the department of Work and Income (WINZ).

Download Decision on application for urgent hearing - a claim by Lady Tureiti Moxon on behalf of the National Urban Māori Authority, the Urban Māori Authority members and the whānau they support (427 KB, PDF). read more

Dick - Wairau Block XII Section 7B2 and others

Māori Land Court (2021) 72 Te Waipounamu MB 147 (72 TWP 147)

11 August 2021

Application to transfer interests in five blocks of Māori freehold land located in the former Wairau reserve near Blenheim.

Download Dick - Wairau Block XII Section 7B2 and others (323 KB PDF). read more

Knuckey v Telford - Wahapakapaka 7A

Māori Land Court (2021) 435 Aotea MB 68 (435 AOT 68)

16 July 2021

Decision on whether to appoint the respondent as a responsible trustee of Wahapakapaka 7A Māori Reservation Trust.

Download Knuckey v Telford - Wahapakapaka 7A (202 KB PDF). read more

Nicholas v Caudwell - Succession to Walker Whakaahua Kameta

Māori Land Court [2021] Chief Judge's MB 1023 (2021 CJ 1023)

27 July 2021

Unsuccessful application to amend succession orders.

Download Nicholas v Caudwell - Succession to Walker Whakaahua Kameta (325 KB PDF). read more

23 July 2021

Robert Cottrell sought to amend the Wharerangi Marae charter to reduce the minimum number of trustees from seven to five with a quorum of three. The judge was satisfied there was sufficient support. The judge confirmed the amendment on the condition that at the next annual general meeting, the notice includes reference to the change to give the beneficiaries the opportunity to object to the decision.

Download Cottrell - Wharerangi 9 and 10 Blocks (221 KB PDF) read more

Towler - Succession to Mona Towler

Māori Land Court (2021) 435 Aotea MB 37 (435 AOT 37)

16 July 2021

Application for succession orders in the absence of a will. The issue before the Court was whether a handwritten note signed by the deceased could be construed as a will.

Download Towler - Succession to Mona Towler (214 KB PDF). read more

Sionetama - Puketapu E Māori Reservation

Māori Land Court (2021) 436 Aotea MB 273 (436 AOT 273)

31 August 2021

Application for the appointment of trustees to the Puketapu E Māori Reservation Trust.

Download Sionetama - Puketapu E Māori Reservation (266 KB PDF). read more

Marshall - Otukou Papakāinga Trust

Māori Land Court (2021) 437 Aotea MB 116 (437 AOT 116)

31 August 2021

Application for the appointment of replacement trustees to Otūkou Marae, in accordance with the outcome of a meeting of beneficiaries held in 2019.

Download Marshall - Otukou Papakāinga Trust (246 KB PDF). read more

Julian v Inia - Succession to Moehuarahi Te Ruuri

Māori Land Court [2021] Chief Judge's MB 1095 (2021 CJ 1095)

10 August 2021

Application to cancel or amend a succession order on the basis that not all of the deceased's children were given notice of the succession hearing and thus did not have the opportunity to be heard on the matter.

Download Julian v Inia - Succession to Moehuarahi Te Ruuri (397 KB PDF). read more