Hui tanguru 2023 February – Contents

Te Kōti Matua – High Court

Insolvency - relevance of tikanga - Bamber v Official Assignee [2023] NZHC 260 - Elizabeth Derby

Te Kōti Pīra Māori – Māori Appellate Court

Trusts - trustee removal - payments - Henderson v Brooking - Wharekahika A47 [2023] Māori Appellate Court MB 17 (2023 APPEAL 17) - Elizabeth Derby

Costs - unsuccessful appeal - Special Aid recipient - Tawa v Tuaropaki E Trust [2023] Māori Appellate Court MB 1 (2023 APPEAL 1) - Elizabeth Derby

2023 Māori Appellate Court judgments - index

2022 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Chief Judge's powers - partition amendment cancelled - Williams - Hohotaka 2A Section 4 and other blocks (2023) Chief Judge's MB 2 (2023 CJ 2) - Elizabeth Derby

Chief Judge's powers - succession - birth certificate - Smith v Bristowe - Succession to Eruera Pereto (2023) Chief Judge's MB 39 (2023 CJ 39) - Elizabeth Derby

Partition - effective use of land - Hinaki - Whāngārā A5 (2023) 116 Tairāwhiti MB 143 (116 TRW 143) - Elizabeth Derby

Trusts - appointment of trustees - Wray v Heath - Ongaonga No 1G Sec 2 (2023) 247 Waikato Maniapoto MB 250 (247 WMN 250) - Elizabeth Derby

2023 Māori Land Court judgments - index

2022 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

Arotakena pukapuka - Book review

The Constitution of New Zealand: A Contextual Analysis - Mihiata Pirini

Sir Edward Taihakurei Durie student essay competition 2022

Te Ture o Takutai Moana kei muri i te kēhi o Re Edwards: examining approaches to overlapping claims for customary marine title - William Morrison

Print version

Download the Māori Law Review February 2023 (413 KB PDF)


Insolvency – relevance of tikanga – Bamber

Bamber v Official Assignee

High Court [2023] NZHC 260

21 February 2023

Unsuccessful appeal from a District Court decision vesting the appellants' property in the Official Assignee under insolvency legislation. Grounds advanced on appeal included that the vesting was contrary to tikanga.

Download Bamber v Official Assignee (262 KB PDF). read more

Judicial review – Waitangi Tribunal – compensation – licensed land – Attorney General

Attorney General v Waitangi Tribunal 

High Court [2023] NZHC 132

17 February 2023

Application by the Crown for judicial review of Waitangi Tribunal recommendations for the resumption of Crown Forest licensed (CFL) lands and the payment of associated compensation.

Download Attorney General v Waitangi Tribunal (1.08 MB PDF). read more

Legal aid – claimant funding – Whakatika ki Runga

Report on Whakatika ki Runga, a mini-inquiry commencing Te Rau o te Tika: the Justice System inquiry

Te Rōpū Whakamana i Te Tiriti o Waitangi - Waitangi Tribunal (Wai 3060, 2023)

17 February 2023

This report is described as a mini-inquiry commencing the Waitangi Tribunal's inquiry Te Rau o te Tika: The Justice System Inquiry. The Waitangi Tribunal examined settings for claimant funding and has found that the Crown breached its Treaty duty to ensure that Māori claimants have the necessary resources to participate fully in the Tribunal's inquiry processes.

Download the Report on Whakatika ki Runga, a mini-inquiry commencing Te Rau o te Tika: the Justice System inquiry (1.84 MB PDF).

read more

Trusts – trustee removal – payments – Henderson

Henderson v Brooking - Wharekahika A47 

[2023] Māori Appellate Court MB 17 (2023 APPEAL 17)

8 February 2023

Unsuccessful appeal against removal of the appellant as a trustee.

Download Henderson v Brooking - Wharekahika A47 (335 KB PDF). read more

Chief Judge’s powers – amendment of succession orders – Smith

Smith v Bristowe - Succession to Eruera Pereto also known as Eru Pereto or Eruera Taituha Pereto 

Māori Land Court (2023) Chief Judge's MB 39 (2023 CJ 39)

2 February 2023

Application seeking to amend succession orders made to Eruera or Eru Pereto. The applicant claimed that the orders were incorrect because of a mistake, error, or omission in the facts presented to the Court as the deceased's children from his other marriages were omitted from the succession orders.

Download Smith v Bristowe - Succession to Eruera Pereto also known as Eru Pereto or Eruera Taituha Pereto (396 KB PDF). read more

Trusts – appointment of trustees – Wray

Wray v Heath - Ongaonga No 1G Sec 2

Māori Land Court (2023) 247 Waikato Maniapoto MB 250 (247 WMN 250)

24 January 2023

Application seeking an order for the appointment of two additional trustees to the Ongaonga 1G2 Block Trust.

Download Wray v Heath - Ongaonga No 1G Sec 2 (222 KB PDF). read more

Book review – The Constitution of New Zealand: A Contextual Analysis

The Constitution of New Zealand: A Contextual Analysis

Matthew SR Palmer and Dean R Knight

Hart Publishing, Oxford, 2022 (ISBN9781849469036)

Reviewed by Mihiata Pirini, law lecturer at University of Otago. read more

Costs – unsuccessful appeal – Special Aid recipient – Tawa

Tawa v Tuaropaki E Trust 

[2023] Māori Appellate Court MB 1 (2023 APPEAL 1)

19 January 2023

Application for costs. The respondent, the Tuaropaki E Trust, sought costs against the applicant following her unsuccessful appeal of an earlier decision in the Māori Land Court.

Download Tawa v Tuaropaki E Trust (241 KB PDF). read more

Sir Edward Taihakurei Durie student essay competition 2022 – Te Ture o Takutai Moana kei muri i te kēhi o Re Edwards: examining approaches to overlapping claims for customary marine title

Sir Edward Taihakurei Durie student essay competition 2022

Te Ture o Takutai Moana kei muri i te kēhi o Re Edwards: examining approaches to overlapping claims for customary marine title

William Morrison*

read more