Whiringa-ā-rangi 2022 November – Contents

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


Representation of Māori – Te Hāhi Rātana – jurisdiction – Aperahama

Aperahama v Anderson - Sections 57, 58, 70, 72, and 100 of the Rātana Pā Block

[2022] Māori Appellate Court MB 424 (2022 APPEAL 424)

4 November 2022

Successful appeal from the Māori Land Court's decision that it did not have the jurisdiction to determine which of two rival komiti is properly Te Komiti Matua o Te Hāhi Rātana, the body that governs Te Hāhi Rātana.

Download Aperahama v Anderson - Sections 57, 58, 70, 72, and 100 of the Rātana Pā Block (275 KB PDF).

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Trusts – jurisdiction of the Māori Land Court – review of trust – Tawa

Tawa v Tūaropaki E Trust

[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

Trustees – personal liability – breach of natural justice – further evidence – Hill

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

Care of children – custody – cultural needs of Māori child – Moana’s Mother

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

Procedure – leave to appeal declined – Staite

Staite v Kusabs

Supreme Court [2022] NZSC 123

20 October 2022

Application for leave to appeal declined.

Download Staite v Kusabs (203 KB PDF).

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Procedure – appeal dismissed for non-compliance with rules – Logan

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

Ownership – dwelling – Paerata

Paerata v George - Tuaropaki A (Mokai Marae)

Māori Land Court (2022) 284 Waiariki MB 76 (284 WAR 76)

4 November 2022

Application for the Court to determine ownership of a house located on Tuaropaki A Māori Reservation, also known as Mokai Māori Reservation, which is administered by the Mokai Marae Trust.

Download Paerata v George - Tuaropaki A (Mokai Marae) (233 KB PDF).

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Costs – withdrawn appeal – Witana

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

Tikanga Māori – recognition but key questions unanswered – Ellis

Peter Hugh McGregor Ellis v R

Supreme Court [2022] NZSC 114 and 115

7 October 2022

The Supreme Court quashed the sexual offending convictions of Peter Ellis finding that there had been a serious miscarriage of justice. For a majority of the Court, tikanga was relevant in deciding to allow Mr Ellis' appeal to continue despite his death.

Download Peter Hugh McGregor Ellis v R [2022] NZSC 114 (1,099 KB PDF) and Peter Hugh McGregor Ellis v R [2022] NZSC 115 (1,027 KB PDF).

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