Māori Law Review

Māori Land Court (2022) 252 Taitokerau MB 87 (252 TTK 87)

28 July 2022

Decision to determine whether the Court has the jurisdiction to resolve a dispute between the trustees of the Ngakahu-Ngakohu Whānau Ahu Whenua Trust (the Trust) and the Far North District Council ("FNDC").

Download Austen and Ors v The Far North District Council - Okahu 3B2A and Okahu 3B2B2D (284 KB PDF). read more

Māori Land Court (2022) 97 Tākitimu MB 232 (97 TKT 232)

29 July 2022

The Court approved a proposed land exchange to resolve an encroachment issue. The judgment rules that General land owned by Māori comes within the categories of land that can be exchanged for Māori freehold land under s 311 of Te Ture Whenua Māori Act 1993.

Download McCaw Lewis Trustee (No 1) Limited - Rakautatahi 1B2B1A (499 KB PDF). read more

Māori Land Court (2022) 450 Aotea MB 247 (450 AOT 247)

21 July 2022

Application for directions by the trustees of the Lake Taupō Forest Trust about interpreting the casual vacancy provisions in their Trust Order following the death of a trustee.

Download Blaikie v Lawless - Lake Taupo Forest Trust (333 KB PDF). read more

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).

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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

Te Kōti Matua – High Court

Judicial review - struck out - abuse of process - Smith & Ors v Māori Land Court & Ors [2022] NZHC 1028 - Elizabeth Derby

Costs - judicial review - Ngāti Paoa Trust Board v Auckland Council [2022] NZHC 1377 - Elizabeth Derby

Costs - strike out application - takutai moana - Re Ngāti Pāhauwera (Costs) [2022] NZHC 393 - Elizabeth Derby

Procedure - expert witness - tikanga - Cowan v Cowan [2022] NZHC 1322 - 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

Declarations - ownership - terms of trust - Waiheke Station - Williams v The Attorney-General - Allotment 20 Parish of Waiheke (Waiheke Station) (2022) 238 Waikato Maniapoto MB 83 (238 WMN 83) - Elizabeth Derby

Representation of Māori - Te Hāhi Rātana - jurisdiction - Aperahama v Anderson - Sections 57, 58, 70, 72 and 100 of Rātana Pā (2022) 447 Aotea MB 93 (447 AOT 93) - Elizabeth Derby

Costs - personal liability - Te Whata - Motatau 2E25F and Ors (2022) 248 Taitokerau MB 214 (248 TTK 214) - Elizabeth Derby

Occupation order - tikanga - Adlam v Reihana - Himatanga 1H1A (2022) 447 Aotea MB 1 (447 AOT 1) - Elizabeth Derby

Succession - entitlement of non-Māori to succeed - Falp - Succession to Bernard Albert Falp (2022) 449 Aotea MB 210 (449 AOT 210) - Elizabeth Derby

Trusts - trustee obligations - partial termination of trust - Kiriona v Groot - Kawerau A Section 13 and Others (2022) 273 Waiariki MB 182 (273 WAR 182) - Elizabeth Derby

Trusts - trustee removal - breach of duties - Brooking v Henderson - Wharekahika A47 (2022) 110 Tairawhiti MB 238 (110 TRW 238) - Elizabeth Derby

2022 Māori Land Court judgments - index

2021 Māori Land Court judgments - index

Cowan v Cowan

High Court [2022] NZHC 1322

3 June 2022

The defendant in this case sought an order ruling evidence inadmissible and irrelevant. The contested evidence was to be given by a tikanga Māori expert on behalf of the plaintiffs in the substantive claim.

Download Cowan v Cowan (212 KB PDF). read more

Re Ngāti Pāhauwera Development Trust (Costs)

High Court [2022] NZHC 393

8 March 2022

Costs decision following a strike out of part of an application for recognition orders made by the Ngāti Pāhauwera Development Trust.

Download Re Ngāti Pāhauwera Development Trust (Costs) (283 KB PDF). read more

Ngāti Paoa Trust Board v Auckland Council

High Court [2022] NZHC 1377

10 June 2022

Costs judgment following an unsuccessful judicial review application brought by the Ngāti Paoa Trust Board.

Download Ngāti Paoa Trust Board v Auckland Council (265 KB PDF). read more

Smith & Ors v Māori Land Court & Ors

High Court [2022] NZHC 1028

12 May 2022

Application for judicial review seeking to overturn a number of decisions made in the Māori Land Court, to challenge the issue of two warrants issued by the Sheriff of the High Court, and to quash or cancel seven decision of the High Court.

Download Smith & Ors v Māori Land Court & Ors (224 KB PDF). read more

Māori Land Court (2022) 449 Aotea MB 210 (449 AOT 210)

26 May 2022

Decision determining succession to Māori land interests under a will where one of the deceased's children is not of Māori descent.

Download Falp - Succession to Bernard Albert Falp (295 KB PDF). read more

Kiriona v Groot - Kawerau A Section 13 and Others

Māori Land Court (2022) 273 Waiariki MB 182 (273 WAR 182)

20 April 2022

Application for enforcement of trustee obligations and partial termination of trust. The applicant believed the trustees were acting unfairly as between beneficiaries and that instructions from the applicant's kuia to give her and her children land to build on were not followed.

Download Kiriona v Groot - Kawerau A Section 13 and Others (245 KB PDF). read more

Williams v The Attorney-General - Allotment 20 Parish of Waiheke (Waiheke Station)

Māori Land Court (2022) 238 Waikato Maniapoto MB 83 (238 WMN 83)

30 May 2022

Application seeking a declaration by consent to identify the legal owner of Waiheke Station and to record the terms of the Waiheke Station Trust.

Download Williams v The Attorney-General - Allotment 20 Parish of Waiheke (Waiheke Station) (270 KB PDF). read more

Te Whata - Motatau 2E25F and Ors

Māori Land Court (2022) 248 Taitokerau MB 214 (248 TTK 214)

26 May 2022

Application for costs following a stay decision and a strike out decision. Costs awarded against the real defendant.

Download Te Whata - Motatau 2E25F and Ors (265 KB PDF). read more

Adlam v Reihana - Himatanga 1H1A

Māori Land Court (2022) 447 Aotea MB 1 (447 AOT 1)

8 April 2022

Application for an occupation order to build a home on Hīmatangi 1H1A, a block of Māori freehold land in the rohe of Ngāti Te Au.

Download Adlam v Reihana - Himatanga 1H1A (658 KB PDF). read more

Brooking v Henderson - Wharekahika A47

Māori Land Court (2022) 110 Tairawhiti MB 238 (110 TRW 238)

20 April 2022

Application for removal of a trustee from the Wharekahika A47 Trust on the basis that he had been in breach of his duties as a trustee.

Download Brooking v Henderson - Wharekahika A47 (497 KB PDF). read more

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

Māori Land Court (2022) 447 Aotea MB 93 (447 AOT 93)

8 April 2022

Application asking the Court to determine who the most appropriate representatives are of Te Hāhi Rātana, a spiritual movement founded by the prophet Tahupōtiki Wiremu Rātana.

Download Aperahama v Anderson - Sections 57, 58, 70, 72 and 100 of Rātana Pā (262 KB PDF). read more

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 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

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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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

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).

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