October 2023 – Māori Law Review

Whiringa-ā-nuku 2023 October – Contents

Tikanga Māori

Tikanga Māori in Aotearoa New Zealand law - He Poutama (SP 24), Te Aka Matua o Te Ture | Law Commission - Carwyn Jones

Te Kōti Mana Nui – Supreme Court

Takutai Moana - Paul v Attorney-General [2023] NZSC 135

Te Kōti Pīra – Court of Appeal

Takutai Moana - Whakatōhea Kotahitanga Waka (Edwards) & Ors v Te Kāhui and Whakatōhea Māori Trust Board & Ors [2023] NZCA 504 - Elizabeth Derby

Te Kōti Pīra Māori – Māori Appellate Court

2023 Māori Appellate Court judgments - index

2022 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Costs - withdrawn injunction application - Gemmell v Gemmell - Ngatarawa 2A3B1B2 and Section 1 Survey Office Plan 387653 and Others (2023) 105 Tākitimu MB 199 (105 TKT 199) - Elizabeth Derby

Trusts - replacement of trustee - review of trust - The Māori Trustee - Whakakī 2H Block [2023] 121 Tairawhiti MB 203 (121 TRW 203) - Elizabeth Derby

2023 Māori Land Court judgments - index

2022 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Takutai Moana - The Marine and Coastal Area (Takutai Moana) Act 2011 Inquiry Stage 2 Report (Wai 2660, 2023)

Procedure - Guide to Practice and Procedure for the Waitangi Tribunal 2023

Sir Edward Taihakurei Durie student essay competition 2023

Entries are open until 10 November 2023 for the 2023 Sir Edward Taihakurei Durie student essay competition sponsored by the Māori Law Review. For details see this page.

Trusts – replacement of trustee – review of trust – Māori Trustee

The Māori Trustee - Whakakī 2H Block

Māori Land Court [2023] 121 Tairawhiti MB 203 (121 TRW 203)

27 October 2023

Application seeking to replace the Māori Trustee as the trustee of the Whakakī 2H Trust and seeking a review of trust.

Download The Māori Trustee - Whakakī 2H Block (235 KB PDF). read more

Takutai Moana – leave to appeal declined – insufficient prospect of success – Paul

Paul v Attorney-General

Supreme Court [2023] NZSC 135

19 October 2023

Unsuccessful application for leave to appeal from a Court of Appeal decision striking out an application for customary marine title brought on behalf of all Māori, and a subsequent applicant for customary marine title on behalf of eight named applicants.

Download Paul v Attorney-General (199 KB PDF).

Takutai Moana – customary marine title – Whakatōhea Kotahitanga Waka (Edwards) & Ors

Whakatōhea Kotahitanga Waka (Edwards) & Ors v Te Kāhui and Whakatōhea Māori Trust Board & Ors

Court of Appeal [2023] NZCA 504

18 October 2023

Appeals from the High Court's determination under the Marine and Coastal Area (Takutai Moana) Act 2011. The issue at the heart of this appeal was a contest between groups who broadly make up Te Whakatōhea iwi as to who should hold customary marine title over the marine and coastal area from Maraetōtara to Te Rangi, including the marine and coastal area around Whakaari (White Island) and Te Paepae o Aotea.

Download Whakatōhea Kotahitanga Waka (Edwards) & Ors v Te Kāhui and Whakatōhea Māori Trust Board & Ors (1.7 MB PDF).

Takutai moana – The Marine and Coastal Area (Takutai Moana) Act 2011 Inquiry Stage 2 Report

The Marine and Coastal Area (Takutai Moana) Act 2011 Inquiry Stage 2 Report

Te Rōpū Whakamana i Te Tiriti o Waitangi - Waitangi Tribunal (Wai 2660, 2023)

6 October 2023

This report is the second volume of the Waitangi Tribunal's inquiry into The Marine and Coastal Area (Takutai Moana) Act 2011. The Waitangi Tribunal has found that the rights under the Takutai Moana Act do not sufficiently support Māori in their kaitiakitanga duties and rangatiratanga rights and fail to provide a fair and reasonable balance between Māori rights and other public and private rights. The Tribunal has found that the Act is in breach of the principles of Te Tiriti o Waitangi, the Treaty of Waitangi.

Download The Marine and Coastal Area (Takutai Moana) Act 2011 Inquiry Stage 2 Report (3.1 MB PDF).

Costs – withdrawn injunction application – Gemmell

Gemmell v Gemmell - Ngatarawa 2A3B1B2 and Section 1 Survey Office Plan 387653 and Others

(2023) 105 Tākitimu MB 199 (105 TKT 199)

9 October 2023

Decision on costs following a withdrawn application seeking an injunction against the trustees of the Ngatarawa Lands Trust.

Download Gemmell v Gemmell - Ngatarawa 2A3B1B2 and Section 1 Survey Office Plan 387653 and Others (231 KB PDF). read more