Te Kōti Pīra – Court of Appeal
Procedure - intervenor - customary marine title legal test - New Zealand Māori Council v Te Kāhui Takutai Moana o Ngā Whānui Me Nga Hapū [2022] NZCA 224 - 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
Chief Judge's powers - succession - Koha v Tatana - Succession to Winika Hāwe [2022] Chief Judge's MB 266 (2022 CJ 266) - Craig Linkhorn
Status of land - strike out refused - river bed - Mercury NZ Ltd v Cairns - Pouakani River Bed (2022) 277 Waiariki MB 174 (277 WAR 174) - Craig Linkhorn
Occupation order - refused - ownership of homestead - Yuile v Smith - Tuahu 6 [2022] 112 Tairawhiti MB 20-36 (112 TRW 20-36) - Stuart Leslie
2022 Māori Land Court judgments - index
2021 Māori Land Court judgments - index
Mercury NZ Ltd v Cairns - Pouakani River Bed
Māori Land Court (2022) 277 Waiariki MB 174 (277 WAR 174)
1 July 2022
The Court refused Mercury's application to strike out an application to have the Court declare the status of land as Māori customary land. The land in issue is beneath dams and lakes used by Mercury for hydropower purposes along the Waikato River. Associated claims about fiduciary obligations and water interests were also considered.
Download Mercury NZ Ltd v Cairns - Pouakani River Bed (417 KB PDF). read more
New Zealand Māori Council v Te Kāhui Takutai Moana o Ngā Whānui Me Nga Hapū
Court of Appeal [2022] NZCA 224
3 June 2022
Application by the New Zealand Māori Council (the Council) for leave to intervene in the appeals brought against the High Court's decision Re Edwards (Te Whakatōhea No. 2).
Download New Zealand Māori Council v Te Kāhui Takutai Moana o Ngā Whānui Me Nga Hapū (192 KB PDF).
read more
Koha v Tatana - Succession to Winika Hāwe
Māori Land Court [2022] Chief Judge's MB 266 (2022 CJ 266)
4 July 2022
The Court decided to use the Chief Judge's powers to cancel succession orders made in 1975 and invite a fresh succession application. The wrong law had been applied in 1975 resulting in the deceased's surviving spouse receiving land interests beneficially and the court had failed to consider the possibility of a family arrangement.
Download Koha v Tatana - Succession to Winika Hāwe (359 KB PDF). read more
Yuile v Smith - Tuahu 6
Māori Land Court (2022) 112 Tairawhiti MB 20-36 (112 TRW 20-36)
23 June 2022
Application to determine ownership of a homestead and for occupation order. Both refused.
Download Yuile v Smith - Tuahu 6 (328 PDF). read more