Haratua 2022 May – Contents

Te Kōti Matua – High Court

Declarations - ahi kā and mana whenua - Ngāti Whātua Ōrākei Trust v Attorney-General [2022] NZHC 843 - Rhianna Morar, comment on Ngāti Whātua - Dr Sarah Down

Te Kōti Pīra Māori – Māori Appellate Court

Chief Judge's powers - jurisdiction - no appeal from decision not to exercise - Mokaraka v Mokaraka - Waima C8 [2022] Māori Appellate Court MB 17 (2022 APPEAL 17) - Kaea Hudson, comment on Mokaraka - Andrew Irwin

2022 Māori Appellate Court judgments - index

2021 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Injunction - permanent injunction - accessway - Donaldson v Hemi - Whaanga 1D1D Roadway (2021) 230 Waikato Maniapoto MB 168 (230 WMN 168) - Toni Love

2022 Māori Land Court judgments - index

2021 Māori Land Court judgments - index

Print version

Download the Māori Law Review May 2022 (614 KB PDF)


Ngāti Whātua Ōrākei (No.4): insights into the complexities of recognising tikanga as part of New Zealand law

Ngāti Whātua Ōrākei Trust v Attorney-General 

High Court [2022] NZHC 843

28 April 2022

Dr Sarah Down comments on the High Court's judgment in Ngāti Whātua Ōrākei. read more

Declarations – ahi kā and mana whenua – Ngāti Whātua Ōrākei Trust

Ngāti Whātua Ōrākei Trust v Attorney-General 

High Court [2022] NZHC 843

28 April 2022

The High Court declined to make declarations sought by Ngāti Whātua Ōrākei about its ahi kā and mana whenua in central Tāmaki Makaurau and the impact of those rights on Crown decision-making. The Court proposed possible alternative declarations and invited further submissions from parties. For commentary on this judgment see Dr Sarah Down's article: Ngāti Whātua Ōrākei (No.4): insights into the complexities of recognising tikanga as part of New Zealand law.

Download Ngāti Whātua Ōrākei Trust v Attorney-General (2.77 MB PDF).

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Inia, Mokaraka and the s 44 jurisdiction – comment on Mokaraka

Mokaraka v Mokaraka - Waima C8

Māori Appellate Court [2022] Māori Appellate Court MB 17 (2022 APPEAL 17)

22 February 2022

Andrew Irwin comments on the Māori Appellate Court in Mokaraka v Mokaraka. read more

Chief Judge’s powers – jurisdiction – no appeal from decision not to exercise – Mokaraka

Mokaraka v Mokaraka - Waima C8

Māori Appellate Court [2022] Māori Appellate Court MB 17 (2022 APPEAL 17)

22 February 2022

This was an appeal from a refusal to exercise the special powers granted to the Chief Judge to reopen and modify earlier Court orders. The Court dismissed the appeal on the basis of a lack of jurisdiction - there was no appeal right in the circumstances. The judgment discusses the recent Court of Appeal decision in Inia v Julian and does not apply it.

Download Mokaraka v Mokaraka - Waima C8 (343 KB PDF).

read more

Injunction – permanent injunction – accessway – Donaldson

Donaldson v Hemi - Whaanga 1D1D Roadway  

Māori Land Court (2021) 230 Waikato Maniapoto MB 168 (230 WMN 168)

3 December 2021

Application for a permanent injunction requiring removal of a gate blocking access to a roadway which serves as an access way between the applicants' land and the sea.

Download Donaldson v Hemi - Whaanga 1D1D Roadway (3.9 MB PDF). read more