Hakihea 2022 December – Contents

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)


Tino Rangatiratanga me te Kāwanatanga – Te Paparahi o Te Raki Inquiry

Tino Rangatiratanga me te Kāwanatanga: the report on stage 2 of the Te Paparahi o Te Raki Inquiry  

Te Rōpū Whakamana i Te Tiriti o Waitangi - Waitangi Tribunal (Wai 1040, 2022)

23 December 2022

This report is described as part one of the second volume of the Waitangi Tribunal district inquiry Te Paparahi o Te Raki (Wai 1040) into claims in Northland. The Waitangi Tribunal has found that the Crown’s interactions with Te Raki Māori between 1840 and 1900 breached the principles of the Treaty of Waitangi, causing severe and lasting prejudice.

Download Tino Rangatiratanga me te Kāwanatanga: The Report on Stage 2 of the Te Paparahi o Te Raki Inquiry (16.8 MB PDF).

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Injunction – building on trust land without consent – Motu

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

Legal Aid – litigation about Waitangi Tribunal decisions – Griggs

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

Māori incorporations – committee of management – unmeritorious allegations – Norman

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

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).
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Trusts – trustee duties under tikanga – Pokere

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

Injunction – incorporated society – jurisdiction of the Court – Allan

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

Treaty Settlement legislation before the House of Representatives in 2022

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

Costs – unmeritorious application – Tana

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