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).
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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
Tau v Attorney-General
High Court [2022] NZHC 2604
10 October 2022
Decision concerning the terms of a tailored discovery order between Ngāi Tahu and the Crown. This comes after the Court dismissed an application by Ngāi Tahu to have the existence of its pūtake-mauka and rangatiratanga entitlements over wai māori (fresh water) determined as a preliminary question.
Download Tau v Attorney-General (359 KB PDF). read more
Whanarua Beachfront Property Owners Group Incorporated Society v Ōpōtiki District Council & Ors
High Court [2022] NZHC 2589
7 October 2022
Unsuccessful judicial review case seeking review of a decision by the Ōpōtiki District Council to approve a transfer of a recreational reserve to Te Whānau ā Apanui in connection with the settlement of historical claims.
Download Whanarua Beachfront Property Owners Group Incorporated Society v Ōpōtiki District Council & Ors (458 KB PDF). read more
Tana v Mahanga and Ors - Pukahakaha East 5B
Māori Land Court (2022) 254 Taitokerau MB 174 (254 TTK 174)
11 October 2022
Decision declining a review of a trust.
Download Tana v Mahanga and Ors - Pukahakaha East 5B (310 KB PDF). read more
Mahia v New Zealand Police
High Court [2022] NZHC 2413
21 September 2022
Conviction and sentencing appeal relying on the principles of te Tiriti o Waitangi and failure to recognise tikanga.
Download Mahia v New Zealand Police (521 KB PDF). read more
Karaitiana v Waka Kotahi - Parahaki Island Provisional Determination
Māori Land Court (2022) 454 Aotea MB 299 (454 AOT 299)
5 October 2022
Application for orders adding areas of land to a title by reason of accretion. The application concerns the island known as Parahaki Island in the Manawatū River, which is vested in the trustees of the Te Apiti Ahu Whenua Trust.
Download Karaitiana v Waka Kotahi - Parahaki Island Provisional Determination (1.6 MB PDF).
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Ngawharau - Succession to Frederick Robert Ngawharau or Freddie Robert Ngawharau
Māori Land Court (2022) 243 Waikato Maniapoto MB 147 (243 WMN 147)
30 September 2022
In determining a succession application the issue before the Court was whether one of the deceased's children should be included as a successor, given that she had signalled her desire to also succeed to her matua whāngai.
Download Ngawharau - Succession to Frederick Robert Ngawharau or Freddie Robert Ngawharau (202 KB PDF). read more