Cutforth v Witana - Kohewhata 27C2A and Others
(2023) 259 Taitokerau MB 111 (259 TTK 111)
19 April 2023
Application for removal of a trustee.
Download Cutforth v Witana - Kohewhata 27C2A and Others (364 KB PDF). read more
Edwards v Ross
(2023) 293 Waiariki MB 110 (293 WAR 110)
5 April 2023
An application seeking a permanent injunction to remove the respondent from occupying the land along with buildings, planting, and fences.
Download Edwards v Ross (263 KB PDF). read more
Mokaraka and Ors v Mokaraka
(2023) 259 Taitokerau MB 3 (259 TTK 3)
12 April 2023
The Court issued an injunction requiring the respondent to vacate a house and occupation order site in light of trespass on the possessory rights of the owners of the house and holders of an occupation order.
Download Mokaraka and Ors v Mokaraka - Waima C8 (234 KB PDF). read more
Rudolph v Bond - Taheke Papakainga 8B
Māori Land Court (2023) 292 Waiariki MB 159 (292 WAR 159)
28 March 2023
Applications for an occupation order over land at Taheke Papakainga 8B. The applicants, a mother and daughter who are both owners of beneficial interest in the block, each applied for an occupation order over the land.
Download Rudolph v Bond - Taheke Papakainga 8B (199 KB PDF). read more
Pūnaha whakawā – criminal justice – sentencing – causative contribution of background – Berkland v R [2022] NZSC 143 - Oliver Fredrickson
Injunction - right to occupy house - Nicholas v Te Amo [2023] NZCA 22 - Elizabeth Derby
2023 Māori Appellate Court judgments - index
2022 Māori Appellate Court judgments - index
Trusts - supply of information to beneficiaries - Nikora - Tuhoe - Te Uru Taumatua (2023) 292 Waiariki MB 6 (292 WAR 6) - Keeley Peachey
2023 Māori Land Court judgments - index
2022 Māori Land Court judgments - index
Berkland v R
Supreme Court [2022] NZSC 143
7 December 2022
The Supreme Court's decisions in this case address the relevance of causative contributions from an offender's background in sentencing for serious criminal offending . The appellants, Mr Berkland and Mr Harding, were sentenced for various offences related to their involvement in separate large-scale methamphetamine operations in New Zealand.
Download Berkland v R (459 KB PDF).
Nikora - Tuhoe - Te Uru Taumatua
(2023) 292 Waiariki MB 6 (292 WAR 6)
24 March 2023
Application to compel trustees to supply information to trust beneficiaries.
Download Nikora - Tuhoe - Te Uru Taumatua (202 KB PDF).
Nicholas v Te Amo
Court of Appeal [2023] NZCA 22
16 February 2023
Successful appeal from a Māori Appellate Court decision upholding a Māori Land Court decision to grant an injunction prohibiting the appellant from occupying a house on a block of Māori freehold land known as Te Tuturi C.
Download Nicholas v Te Amo (300 KB PDF).
Public works - role of the Minister for Land Information - Dromgool v Minister for Land Information [2022] NZSC 157 - Elizabeth Derby
Judicial review - Waitangi Tribunal - compensation - licensed land - Attorney General v Waitangi Tribunal [2023] NZHC 132 - Elizabeth Derby
Customary title to freshwater - jurisdiction of the Māori Land Court - Attorney-General v Carter [2022] NZHC 204 - Elizabeth Derby
Trusts - enforcement proceedings - repayment of trust funds - Doney v Adlam [2023] NZHC 363 - Elizabeth Derby
2023 Māori Appellate Court judgments - index
2022 Māori Appellate Court judgments - index
2023 Māori Land Court judgments - index
2022 Māori Land Court judgments - index
Legal aid - claimant funding - Report on Whakatika ki Runga, a mini-inquiry commencing Te Rau o te Tika: the Justice System inquiry (Wai 3060, 2023) - Elizabeth Derby
Māori interests in natural resource management - 2022 in review - Chelsea Easter, Francesca Dykes, Sam Kenneally, and Dave Randal
The Constitution of New Zealand: A Contextual Analysis - Mihiata Pirini
Applications are open for our student editor position for 2023. See the details here. (Applications close on Wednesday 22 March 2023.)
Download the Māori Law Review March 2023 (493 KB PDF)
Chelsea Easter, Francesca Dykes, Sam Kenneally, and Dave Randal review legal developments from 2022 relating to Māori interests in natural resources.
Doney v Adlam
High Court [2023] NZHC 363
1 March 2023
Application by the trustees of the Savage Papakāinga Land Trust for substitution of judgment creditor and leave to issue enforcement proceedings against the respondent.
Download Doney v Adlam (521 KB PDF). read more
Attorney-General v Carter
High Court [2023] NZHC 204
16 February 2023
This declaratory judgment is about whether the Māori Land Court has jurisdiction under s 18 of Te Ture Whenua Māori Act 1993 to determine customary title to freshwater.
Download Attorney-General v Carter (554 KB PDF). read more
Dromgool v Minister for Land Information
Supreme Court [2022] NZSC 157
22 December 2022
Unsuccessful appeal from a Court of Appeal decision about the role performed by the Minister for Land Information in agreeing to public works land acquisitions for construction of an electricity transmission line.
Download Dromgool v Minister for Land Information (352 KB PDF).
Insolvency - relevance of tikanga - Bamber v Official Assignee [2023] NZHC 260 - Elizabeth Derby
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
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
Tino Rangatiratanga me te Kāwanatanga - Te Paparahi o Te Raki Inquiry - Elizabeth Derby
Waikanae: Report on Te Ātiawa/Ngāti Awa claims - Elizabeth Derby
The Constitution of New Zealand: A Contextual Analysis - Mihiata Pirini
Te Ture o Takutai Moana kei muri i te kēhi o Re Edwards: examining approaches to overlapping claims for customary marine title - William Morrison
Download the Māori Law Review February 2023 (413 KB PDF)
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
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
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).
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
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
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
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
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
William Morrison*
2023 Māori Appellate Court judgments - index
2022 Māori Appellate Court judgments - index
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
Partition - effective use of land - Hinaki - Whāngārā A5 (2023) 116 Tairāwhiti MB 143 (116 TRW 143) - Elizabeth Derby
2023 Māori Land Court judgments - index
2022 Māori Land Court judgments - index
Tino Rangatiratanga me te Kāwanatanga - Te Paparahi o Te Raki Inquiry - Elizabeth Derby
Waikanae: Report on Te Ātiawa/Ngāti Awa claims - Elizabeth Derby
This table lists the 2023 judgments of the Māori Appellate Court and contains links to reports about the decisions once decisions are released.
For other years: 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022. Follow this link for the 2023 Māori Land Court judgments index.