December 2023 – Māori Law Review

Hakihea 2023 December – Contents

Te Pōtitanga Whānui - General Election

2023 General Election and government formation - Craig Linkhorn

Te Kōti Pīra - Court of Appeal

Takutai Moana - controversy over the test for customary marine title - Whakatōhea Kotahitanga Waka v Te Kāhui and Whakatōhea Māori Trust Board [2023] NZCA 504 - Sarah Down

Te Kōti Matua - High Court

Judicial review - Te Urewera huts - retrospective operational plan - Tuna v Te Urewera Board [2023] NZHC 3680 - Craig Linkhorn

Te Kōti Pīra Māori – Māori Appellate Court

Procedure - case stated - refused - lower Court to determine issues at first instance - Deputy Registrar - Succession to Philomena Jane Smith [2023] Māori Appellate Court MB 181 (2023 APPEAL 181) - Craig Linkhorn

Chief Judge's powers - succession - Reti v Reti-Steel - Hemaima Reti [2023] Māori Appellate Court MB 274 (2023 APPEAL 274) - Elizabeth Derby

2023 Māori Appellate Court judgments - index

2022 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Injunction - revoked - Te Amo v Nicholas - Te Whaiti-Nui-A-Toi Block (2023) 306 Waiariki MB 7 (306 WAR 7) - Elizabeth Derby

Alienation - preferred class of alienees - Jury v Korff - Rural Sec. 46 Blk V Waitara East Sub A (2023) 476 Aotea MB 28 (476 AOT 28) - Elizabeth Derby

Occupation order - granted - Norman - Nuhaka 2D2M1A3 (2023) 122 Tairāwhiti MB 149 (122 TRW 149) - Elizabeth Derby

Occupation order - insufficient support - Smith - Nuhaka 2A4A9Y2 Block (2023) 122 Tairāwhiti MB 192 (122 TRW 192) - Elizabeth Derby

Trusts - removal of trustee - Fruean v Knuckey - Waitara West 52D (2023) 475 Aotea MB 284 (475 AOT 284) - Elizabeth Derby

Incorporations - order for new election - Ferris v Proprietors of Nuhiti Q - Nuhiti Q Māori Incorporation (2023) 122 Tairāwhiti MB 101 (122 TRW 101) - Elizabeth Derby

2023 Māori Land Court judgments - index

2022 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Pūrongo-ā-Tau o te Matariki 2022 ki 2023 | Annual Report Matariki 2022 – 2023

Ngā Whakaturetanga - Legislation

Treaty settlement legislation before the House of Representatives in 2023 - Dr Carwyn Jones

Student editor 2024

Applications have now closed for the Student Editor role for 2024. Considering applying for 2025? If so, there is more information here.

Sir Edward Taihakurei Durie student essay competition 2023

Harry Waddington, a student at Te Whare Wānanga o Waitaha | the University of Canterbury has won the 2023 Sir Edward Taihakurei Durie student essay competition. Harry's essay will be published in the February 2024 edition of the Māori Law Review.

Judicial review – Te Urewera huts – retrospective operational plan – Tuna

Tuna v Te Urewera Board

High Court [2023] NZHC 3680

14 December 2023

Successful judicial review that decision-making about the demolition of a network of huts in Te Urewera was unlawful. Appropriate relief to be the subject of a further judgment after hearing from the parties in light of this judgment.

Download Tuna v Te Urewera Board (2.3 MB PDF). read more

Chief Judge’s powers – succession – Reti

Reti v Reti-Steel - Hemaima Reti

[2023] Māori Appellate Court MB 274 (2023 APPEAL 274)

22 December 2023

Appeal from a s 45 decision of the Māori Land Court concerning the entitlement of the deceased's whāngai son to succeed to her Māori land interests.

Download Reti v Reti-Steel - Hemaima Reti (381 KB PDF). read more

2023 General Election and government formation

The Electoral Commission released the final results of the 14 October general election on 16 November 2023 and supplemented the results with more detailed analysis of voting behaviour in December 2023. read more

Takutai Moana – controversy over the test for customary marine title – Whakatōhea Kotahitanga Waka (Edwards)

Whakatōhea Kotahitanga Waka v Te Kāhui and Whakatōhea Māori Trust Board

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. Sarah Down examines the approach the Court's judgments took to interpreting the tests in the legislation for customary marine title. The participants were groups who broadly make up Te Whakatōhea iwi and the area for determination is 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).

Occupation order – insufficient support – Smith

Smith - Nuhaka 2A4A9Y2 Block

(2023) 122 Tairāwhiti MB 192 (122 TRW 192)

14 December 2023

Application did not command sufficient support for an occupation order for the purpose of placing a transportable house for the applicant to live in.

Download Smith - Nuhaka 2A4A9Y2 Block (322 KB PDF). read more

Occupation order – granted – Norman

Norman - Nuhaka 2D2M1A3

(2023) 122 Tairāwhiti MB 149 (122 TRW 149)

8 December 2023

Application for an occupation order for the purpose of building a modular home on the Nuhaka 2D2M1A3 block.

Download Norman - Nuhaka 2D2M1A3 (310 KB PDF). read more

Treaty Settlement legislation before the House of Representatives in 2023

Whakataunga – Overview

The Ngāti Hei Claims Settlement Bill, the Ngāti Paoa Claims Settlement Bill, and the Ngāti Tara Tokanui Claims Settlement Bill were progressed through the House in 2023. Te Korowai o Wainuiārua Claims Settlement Bill, the Whakatōhea Claims Settlement Bill, and Te Pire Whakatupua mō Te Kāhui Tupua/Taranaki Maunga Collective Redress Bill were introduced to the House in 2023. The Pare Hauraki Collective Redress Bill, the Ngāi Te Rangi and Ngā Pōtiki Claims Settlement Bill, and the Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill are before the House, but no progress was made on these in 2023. There was no settlement legislation enacted in 2023. read more