Māori Law Review

Te Kōti Mana Nui – Supreme Court

Ngā whakahaere rauemi - Trans-Tasman Resources: a cautious step forward for Māori rights - Trans-Tasman Resources Limited v The Taranaki-Whanganui Conservation Board [2021] NZSC 127 - Dr Sarah Down and Emeritus Professor David Williams

Te Kōti Matua – High Court

Takutai moana – customary marine title – refused – Re Clarkson [2021] NZHC 1968 - 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

Chief Judge's powers - application to amend succession order dismissed - Hita v Hita - Kaihu 1A2E3B2 (2021) Chief Judge's MB 1233 (2021 CJ 1233) - Elizabeth Derby

Chief Judge's powers - incorrect succession order amended - Carley - Succession to Herbert Adams (2021) Chief Judge's MB 1264 (2021 CJ 1264) - Elizabeth Derby

Alienation - sale - within PCA - exemption from special valuation - Te Riaki - Ngongohau 5 - Ngaurukehu A10 Sec 3 and Other Blocks (2021) 437 Aotea MB 177 (437 AOT 177) - Craig Linkhorn

Status of land - refusal to change status - McMeekin v Carkeek - Makuratawhiti 8B2B1 (2021) 436 Aotea MB 286 (436 AOT 286) - Elizabeth Derby

Succession - SILNA land interests - equal division of shares - Hiroti - Succession to Rira Peti Hiroti (2021) 72 Te Waipounamu MB 271 (72 TWP 271) - Elizabeth Derby

Trusts - adoption of charter - appointment of replacement trustees - Stewart v Manu Ariki Marae Reservation Trust - Manu Ariki Māori Reservation (2021) 436 Aotea MB 209 (436 AOT 209) - Elizabeth Derby

Trusts - enforcement of trust obligations - York - Matakohe North Eastern Portion Lot 54 Section 3B1 Māori Reservation (2021) 235 Taitokerau MB 288 (235 TTK 288) - Elizabeth Derby

Trusts - review of whānau trust - Phillips - Ahipara A4 (2021) 438 Aotea MB 10 (438 AOT 10) - Elizabeth Derby

2021 Māori Land Court judgments - index

2020 Māori Land Court judgments - index

Print version

Download the Māori Law Review October 2021 (413 KB PDF)

Goldsmith - Matata Parish Allotment 846

Māori Land Court (2021) 263 Waiariki MB 206 (263 WAR 206)

20 October 2021

Application seeking a direction from the Court authorising the accountant of the Kopuatāwhiti Māori Lands Trust to act as a signatory to the trust's accounts.

Download Goldsmith - Matata Parish Allotment 846 (206 KB PDF). read more

Trans-Tasman Resources Limited v The Taranaki-Whanganui Conservation Board 

Supreme Court [2021] NZSC 127

30 September 2021

The Supreme Court upheld the decision to reject the approval of Trans-Tasman Resources Limited’s application to mine for iron sands offshore. The decision is a significant win for affected iwi and represents a step forward for our understanding of Te Tiriti o Waitangi principles and the consideration to be given to Māori rights under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012. While the Supreme Court unanimously accepted that tikanga is an applicable law, key complexities of how tikanga applies in the New Zealand courts were left for another day.

Download Trans-Tasman Resources Limited v The Taranaki-Whanganui Conservation Board (1 MB PDF).

read more

Hunia v Skerrett-White - Kawerau A8D

Māori Land Court (2021) 263 Waiariki MB 93 (263 WAR 93)

15 October 2021

Decision dealing with procedural aspects surrounding the earlier removal of trustees from the Kawerau A8D Trust.

Download Hunia v Skerrett-White -Kawerau A8D (260 KB PDF). read more

Re Clarkson

High Court [2021] NZHC 1968

30 July 2021

Unsuccessful application for customary marine title on the basis that such an application would exclude others who also have interests, and the Court was not convinced that the application group had a mandate from others. The applicants were invited to re-submit their application as  being for non-exclusive protected customary rights.

Download Re Clarkson (1.5 MB PDF).

read more

Māori Land Court (2021) Chief Judge's MB 1264 (2021 CJ 1264)

23 September 2021

Application to amend a succession order due to an alleged error, which resulted in the applicant's whānau being unable to have their great uncle's interests in Māori land succeeded to by his immediate whānau. This was due to a mistake. The Court granted the application and amended the order.

Download Carley - Succession to Herbert Adams (343 KB PDF) read more

Māori Land Court (2021) 72 Te Waipounamu MB 271 (72 TWP 271)

17 September 2021

Application brought by the Deputy Registrar seeking orders to divide shares in a South Island Landless Natives Land block ('SILNA land') equally between two adopted children. The application was opposed by one of the children, who submitted that he is entitled to succeed to his mother's shares solely. The Court approved the change to the list of potential owners, determining that the two children should receive equal shares in the land.

Download Hiroti - Succession to Rira Peti Hiroti (238 KB PDF) read more

Māori Land Court (2021) Chief Judge's MB 1233 (2021 CJ 1233)

15 September 2021

An application to amend a succession order based on the claim that the conditional order was finalised and released without the conditions being satisfied (due to unconfirmed evidence of a payment). The Court dismissed the application, finding it highly likely that the receipt provided at the time was in fulfilment of the Court's conditions. 

Download Hita v Hita - Kaihu 1A2E3B2 (543 KB PDF) read more

Māori Land Court (2021) 436 Aotea MB 286 (436 AOT 286)

2 September 2021

Application declined for a change of status for a residential section from Māori freehold land status to General land in order to sell the property.

Download McMeekin v Carkeek - Makuratawhiti 8B2B1 (235 KB PDF) read more

Māori Land Court (2021) 235 Taitokerau MB 288 (235 TTK 288)

1 September 2021

Separate applications seeking enforcement of trust obligations and removal of a trustee. The trust was dysfunctional. However, the trustee was not removed. 

Download York - Matakohe North Eastern Portion Lot 54 Section 3B1 Māori Reservation (278 KB PDF) read more

Māori Land Court (2021) 436 Aotea MB 209 (436 AOT 209)

1 September 2021

Application to determine whether a draft charter should be approved, and whether trustees nominated and elected at that meeting should be appointed. The Court confirmed the adoption of the draft charter and upheld and used the trustee election results in making appointments. 

Download Stewart v Manu Ariki Marae Reservation Trust - Manu Ariki Māori Reservation (501 KB PDF) read more

Māori Land Court (2021) 438 Aotea MB 10 (438 AOT 10)

30 September 2021

Multiple applications to determine ownership of a dwelling, to vary a whānau trust, to replace trustees, to correct a boundary, along with two injunction applications. The Court agreed to replace a trustee and determined the owners of the house. The injunction applications were adjourned. The application to vary the terms of the trust was dismissed. 

Download Phillips - Ahipara A4  (333 KB PDF) read more

Te Riaki - Ngongohau 5 - Ngaurukehu A10 Sec 3 and Other Blocks 

Māori Land Court (2021) 437 Aotea MB 177 (437 AOT 177)

21 September 2021

The Court approved an alienation by sale from one Māori incorporation to another, relying on the transfer being within the preferred class of alienees.

Download Te Riaki - Ngongohau 5 - Ngaurukehu A10 Sec 3 and Other Blocks (229 KB PDF) read more