Te Kōti Matua - High Court
Legal Aid - litigation about Waitangi Tribunal decisions - Griggs v Legal Services Commissioner [2022] NZHC 3001 - Elizabeth Derby
Te Kōti Pīra Māori – Māori Appellate Court
2022 Māori Appellate Court judgments - index
2021 Māori Appellate Court judgments - index
Te Kōti Whenua Māori – Māori Land Court
Injunction - building on trust land without consent - Motu v Rapihana - Pukepoto 8B15B3B Residue (2022) 256 Taitokerau MB 190 (256 TTK 190) - Elizabeth Derby
Injunction - incorporated society - jurisdiction of the Court - Allan v Thomas - Lot 1 Deposited Plan 64773 (2022) 255 Taitokerau MB 288 (255 TTK 288) - Elizabeth Derby
Trusts - trustee duties under tikanga - Pokere v Bodger - Ōuri 1A3 (2022) 459 Aotea MB 210 (459 AOT 210) - Craig Linkhorn
Māori incorporations - committee of management - unmeritorious allegations - Norman v Pohatu - Te Hapua 42 (2022) 256 Taitokerau MB 1 (256 TTK 1) - Elizabeth Derby
2022 Māori Land Court judgments - index
2021 Māori Land Court judgments - index
Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal
Tino Rangatiratanga me te Kāwanatanga - Te Paparahi o Te Raki Inquiry - Elizabeth Derby
Waikanae: Report on Te Ātiawa/Ngāti Awa claims - Elizabeth Derby
Ngā Whakaturetanga - Legislation
Treaty Settlement legislation before the House of Representatives in 2022 - Carwyn Jones
Sir Edward Taihakurei Durie student essay competition 2022
The winning entry has been chosen for the 2022 Sir Edward Taihakurei Durie student essay competition sponsored by the Māori Law Review. This essay will be published in February 2023.
Print version
Download the Māori Law Review December 2022 (1,020 KB PDF)
Motu v Rapihana - Pukepoto 8B15B3B Residue
Māori Land Court (2022) 256 Taitokerau MB 190 (256 TTK 190)
21 December 2022
Application for an urgent interim injunction to prevent the respondent from undertaking any further building or work on land owned by the Te Oti Rapihana Ahu Whenua Trust.
Download Motu v Rapihana - Pukepoto 8B15B3B Residue (242 KB PDF). read more
Griggs v Legal Services Commissioner
High Court [2022] NZHC 3001
16 November 2022
Successful appeal against a Legal Aid Tribunal decision declining the appellant legal aid for advice and representation in litigation about Waitangi Tribunal decisions.
Download Griggs v Legal Services Commissioner (313 KB PDF). read more
Norman v Pohatu - Te Hapua 42
Māori Land Court (2022) 256 Taitokerau MB 1 (256 TTK 1)
20 December 2022
Application to remove members of the committee of management of the Muriwhenua Incorporation.
Download Norman v Pohatu - Te Hapua 42 (279 KB PDF). read more
Waikanae: Report on Te Ātiawa/Ngāti Awa Claims
Waitangi Tribunal (2022) Wai 2200
15 December 2022
This report is the third volume of the Porirua ki Manawatū District Inquiry report. The claims considered in this report, brought by Te Ātiawa/Ngāti Awa individuals, whānau, hapū, and iwi organisations, focused on land, cultural sites, and resources in the iwi's traditional rohe on the west coast of the North Island.
This is an overview of the Tribunal's report until we prepare a more detailed summary.
Download Waikanae: Report on Te Ātiawa/Ngāti Awa Claims (13.2 MB PDF).
read more
Pokere v Bodger - Ōuri 1A3
Māori Land Court (2022) 459 Aotea MB 210 (459 AOT 210)
14 December 2022
Decision assessing whether trustees of an ahu whenua trust have duties under tikanga. The trustees of Te Hanataua Trust were alleged to have breached tikanga when they facilitated a decision to demolish a homestead (the whare) located on whenua vested in the trust.
This decision is notable for being the first time the Māori Land Court has issued fully bilingual reasons for judgment in te reo Māori and English.
Download Pokere v Bodger - Ōuri 1A3 (585 KB PDF). read more
Allan v Thomas - Lot 1 Deposited Plan 64773
Māori Land Court (2022) 255 Taitokerau MB 288 (255 TTK 288)
13 December 2022
Application for an urgent injunction to prevent newly appointed members of the committee which administers Kaitaia Marae Incorporated, an incorporated society, from acting in that role.
Download Allan v Thomas - Lot 1 Deposited Plan 64773 (260 KB PDF). read more
Whakataunga – Overview
The Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Claims Settlement Bill, the Te Rohe o Rongokako Joint Redress Bill, the Ngāti Maru (Taranaki) Claims Settlement Bill, the Ngāti Rangitihi Claims Settlement Bill, the Maniapoto Claims Settlement Bill, and the Māori Commercial Aquaculture Claims Settlement Amendment Bill were enacted in 2022. The Ngāti Hei Claims Settlement Bill, the Ngāti Paoa Claims Settlement Bill, and the Ngāti Tara Tokanui Claims Settlement Bill were introduced to the House in 2022. read more
Tana v Mahanga - Pukahakaha East 5B
Māori Land Court (2022) 255 Taitokerau MB 229 (255 TTK 229)
1 December 2022
Costs decision following the substantive decision in October 2022, in which applications made against the trustees of the Pukahakaha East 5B Trust were dismissed by the Court.
Download Tana v Mahanga - Pukahakaha East 5B (267 KB PDF).
read more
Te Kōti Mana Nui – Supreme Court
Tikanga Māori - Recognition but key questions unanswered - Ellis v R [2022] NZSC 114 and 115 - Sarah Down
Procedure - leave to appeal declined - Staite v Kusabs [2022] NZSC 123 - Elizabeth Derby
Te Kōti Matua – High Court
Care of children - custody - cultural needs of Māori child - Moana's Mother v Smith & others [2022] NZHC 2934 - Elizabeth Derby
Te Kōti Pīra Māori – Māori Appellate Court
Representation of Māori - Te Hāhi Rātana - jurisdiction - Aperahama v Anderson - Sections 57, 58, 70, 72, and 100 of the Rātana Pā Block [2022] Māori Appellate Court MB 424 (2022 APPEAL 424) - Elizabeth Derby
Procedure - appeal dismissed for non-compliance with rules - Logan v Logan - Patangata 2F Section 2B [2022] Māori Appellate Court MB 234 (2022 APPEAL 234) - Kaea Hudson
Trusts - jurisdiction of the Māori Land Court - review of trust - Tawa v Tūaropaki E Trust [2022] Māori Appellate Court MB 377 (2022 APPEAL 377) - Elizabeth Derby
Trustees - personal liability - breach of natural justice - further evidence - Hill v Sherard - Otakanini Church Site [2022] Māori Appellate Court MB 390 (2022 APPEAL 390) - Elizabeth Derby
2022 Māori Appellate Court judgments - index
2021 Māori Appellate Court judgments - index
Te Kōti Whenua Māori – Māori Land Court
Ownership - dwelling - Paerata v George - Tuaropaki A (Mokai Marae) (2022) 284 Waiariki MB 76 (284 WAR 76) - Elizabeth Derby
2022 Māori Land Court judgments - index
2021 Māori Land Court judgments - index
Sir Edward Taihakurei Durie student essay competition 2022
Entries are open for the 2022 Sir Edward Taihakurei Durie student essay competition sponsored by the Māori Law Review. For details see this page
[2022] Māori Appellate Court MB 377 (2022 APPEAL 377)
18 October 2022
Appeal from a decision dismissing an application for a review of the obligations of the Tuaropaki E Trust.
Download Tawa v Tūaropaki E Trust (326 KB PDF). read more
Hill v Sherard - Otakanini Church Site
[2022] Māori Appellate Court MB 390 (2022 APPEAL 390)
31 October 2022
Appeal of a 2021 decision that found the former trustees of the Otakanini Māori Reservation Trust jointly and severally liable to repay $67,838.86 for breaches of trust concerning the payment of funds.
Download Hill v Sherard - Otakanini Church Site (808 KB PDF). read more
Moana's Mother v Smith & Chief Executive of Oranga Tamariki Ministry for Children & Taipa
High Court [2022] NZHC 2934
9 November 2022
Appeal application by the mother of a seven-year old Māori child ('Moana'). Moana was placed in the custody of a non-Māori couple by the Family Court in 2021. Moana's mother challenged the correctness of this decision, arguing that Moana should be placed in the care of a Māori family who have Ngāti Kahungunu links to her by marriage.
Download Moana's Mother v Smith & Chief Executive of Oranga Tamariki Ministry for Children & Taipa (546 KB PDF). read more
Logan v Logan - Patangata 2F Section 2B
[2022] Māori Appellate Court MB 234 (2022 APPEAL 234)
3 August 2022
Appeal dismissed - appeal set aside for non-compliance with Māori Land Court Rule 8.8 for notice of appeal.
Download Logan v Logan - Patangata 2F Section 2B (286 KB PDF). read more
Witana v Cutforth - Kohewhata 27C2A
[2022] Māori Appellate Court MB 405 (2022 APPEAL 405)
31 October 2022
Costs judgment following withdrawal of an appeal. The respondents incurred expense as a result of the appeal and sought a contribution to their costs.
Download Witana v Cutforth - Kohewhata 27C2A (266 KB PDF). read more
Te Kōti Pīra – Court of Appeal
Status of land - s 2(2)(f) Māori Affairs Act 1953 - Phillip Peacocke, Susan Peacocke and CR Rejthar Trustees Limited as Trustees of The Totoro Trust [2022] NZCA 469 - Elizabeth Derby
Te Kōti Matua - High Court
Procedure - tailored discovery - Tau v Attorney-General [2022] NZHC 2604 - Elizabeth Derby
Judicial review - access through recreational reserve - Whanarua Beachfront Property Owners Group Incorporated Society v Ōpōtiki District Council & Ors [2022] NZHC 2589 - Elizabeth Derby
Judicial review - mātaitai - Kaikōura and Hurunui Landowners Association Incorporated v The Minister of Fisheries [2022] NZHC 2677 - Elizabeth Derby
Pūnaha whakawā – criminal justice – appeal from conviction and sentence - tikanga - Mahia v New Zealand Police [2022] NZHC 2413 - Elizabeth Derby
Te Kōti Pīra Māori – Māori Appellate Court
Costs - Logan v Logan - Patangata 2F Section 2B Block [2022] Māori Appellate Court MB 370 (2022 APPEAL 370) - Elizabeth Derby
2022 Māori Appellate Court judgments - index
2021 Māori Appellate Court judgments - index
Te Kōti Whenua Māori – Māori Land Court
Chief Judge's powers - jurisdiction under s 45 - Bamber Whānau Trust v Official Assignee - Lot 39 DPS 3455 [2022] Chief Judge's MB 664 (2022 CJ 664) - Elizabeth Derby
Succession - whāngai - equitable distribution of Māori land interests - Ngawharau - Succession to Frederick Robert Ngawharau or Freddie Robert Ngawharau (2022) 243 Waikato Maniapoto MB 147 (243 WMN 147) - Elizabeth Derby
Status of land - accretion - provisional determination - Karaitiana v Waka Kotahi - Parahaki Island Provisional Determination (2022) 454 Aotea MB 299 (454 AOT 299) - Elizabeth Derby
Trusts - review of trust - dismissed - Tana v Mahanga and Ors - Pukahakaha East 5B (2022) 254 Taitokerau MB 174 (254 TTK 174) - Elizabeth Derby
2022 Māori Land Court judgments - index
2021 Māori Land Court judgments - index
Sir Edward Taihakurei Durie student essay competition 2022
Entries are open for the 2022 Sir Edward Taihakurei Durie student essay competition sponsored by the Māori Law Review. For details see this page
Phillip Peacocke, Susan Peacocke and CR Rejthar Trustees Limited as Trustees of The Totoro Trust
Court of Appeal [2022] NZCA 469
5 October 2022
Unsuccessful appeal against a Māori Appellate Court decision, upholding a decision of the Māori Land Court determining that Puketiti 2B2B1 was Māori freehold land, construing s 2(2)(f) of the Māori Affairs Act 1953.
Download Phillip Peacocke, Susan Peacocke and CR Rejthar Trustees Limited as Trustees of The Totoro Trust (454 KB PDF).
read more
Kaikōura and Hurunui Landowners Association Incorporated v The Minister of Fisheries
High Court [2022] NZHC 2677
17 October 2022
Application for judicial review of a decision of the Minister of Fisheries declaring three areas covering the lower reaches of the Oaro, Kahutara, and Conway (Tūtaeputaputa) River catchments to be mātaitai.
Download Kaikōura and Hurunui Landowners Association Incorporated v The Minister of Fisheries (591 KB PDF). read more
Bamber Whānau Trust v Official Assignee - Lot 39 DPS 3455
Māori Land Court [2022] Chief Judge's MB 664 (2022 CJ 664)
14 October 2022
The trustees of the Bamber Whānau Trust sought to cancel an order made by the Māori Land Court in 2020. They claimed that the order was incorrect because of a mistake, error, or omission on the part of the Court, or in the presentation of the facts of the case to the Court.
Download Bamber Whānau Trust v Official Assignee - Lot 39 DPS 3455 (359 KB). read more
Logan v Logan - Patangata 2F Section 2B Block
[2022] Māori Appellate Court MB 370 (2022 APPEAL 370)
17 October 2022
Costs judgment following the substantive decision (August 2022) dismissing an appeal about alienation of Māori Freehold land.
Download Logan v Logan - Patangata 2F Section 2B Block (310 KB PDF). read more
