Hui tanguru 2024 February – Contents

Tikanga Māori

Tikanga Māori in Aotearoa New Zealand law - He Poutama explored in detail - part one: tikanga - Rachael Brown, Dr Laura Hardcastle, Rhianna Morar (Ngāti Porou, Tapuika, Gujarat), Nikorima Nuttall (Raukawa ki Te Kaokaoroa o Pātetere) and Brontë Tuffery (Ngāti Toa Rangatira)

Te Kōti Mana Nui – Supreme Court

Tort - strike out - climate change - Smith v Fonterra Co-operative Group Limited [2024] NZSC 5 - Elizabeth Derby

Te Kōti Pīra Māori – Māori Appellate Court

2023 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Chief Judge's powers - succession - Henderson v Nisbet - Karamu GB (Balance) (2024) Chief Judge's MB 156 (2024 CJ 156) - Elizabeth Derby

Succession - Family Protection Act 1955 - Julian v McGarvey - Succession to Moehuarahi Te Ruuri (2024) 309 Waiariki MB 197 - Elizabeth Derby

Chief Judge's powers - amendment of succession orders - Native Land Act 1909 - Wharekawa - Succession to Rewi Maniapoto (2024) Chief Judge's MB 35 (2024 CJ 35) - Elizabeth Derby

Chief Judge's powers - amendment of succession order - Manahi v Kingi - Succession to Hinerongonui Manahi  (2024) Chief Judge's MB 87 (2024 CJ 87) - Elizabeth Derby

Procedure - enforcement of settlement agreement - Nicholson v Pene - Tauakira No. 2M No. 4 (2023) 477 Aotea MB 140 (477 AOT 140) - Elizabeth Derby

Succession - Law Reform (Testamentary Promises) Act 1949 - Leef - Panguru A61B1 (2023) 267 Taitokerau MB 107 (267 TTK 107) - Elizabeth Derby

2024 Māori Land Court judgments - index

2023 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi - Waitangi Tribunal

Waitangi Tribunal procedure - non-interference principle inapplicable - urgent inquiry - Te Aka Whai Ora - Memorandum-directions of Judge D Stone on the Te Aka Whai Ora Urgent Application (Wai 3307, #2.5.6) - Elizabeth Derby

Waitangi Tribunal procedure - urgent inquiry sought - Te Aka Whai Ora - Decision on urgency application - Te whakataunga mō te tono ohotata e pā ana ki Te Aka Whai Ora (Wai 3307, #2.5.3) - Elizabeth Derby

Waitangi Tribunal procedure - priority inquiry - climate change - Decision of the Deputy Chairperson Judge Sarah Reeves on the applications for urgency and priority (Wai 3262, #2.5.6; Wai 2607, #2.5.12) - Elizabeth Derby

Waitangi Tribunal procedure - urgent inquiry refused - Memorandum-directions of Judge D Stone regarding applications for urgent hearing regarding the repeal of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (Wai 2575, #2.6.164) - Elizabeth Derby

Landlocked Māori Land - He Whenua Karapotia, He Whenua Ngaro: Priority Report on Landlocked Māori Land in the Taihape Inquiry District (Wai 2180, 2024) - Elizabeth Derby

2024 Waitangi Tribunal decisions - index

Sir Edward Taihakurei Durie student essay competition 2023

The Taranaki Maunga settlement has blunted prospects for use of legal personality - Harry Waddington

Print version

Download the Māori Law Review February 2024 (637 KB PDF)


Tort – strike out – climate change – Smith

Smith v Fonterra Co-operative Group Limited

Supreme Court [2024] NZSC 5

7 February 2024

This appeal concerned a strike out of a claim in tort relating to damage caused by climate change. The appellant pleaded, as part of his case, that tikanga Māori should inform the reach and content of his causes of action, in accordance with the general proposition that tikanga should inform the common law of New Zealand. The Supreme Court decided the case should not be struck out and made remarks about the relevance of tikanga to the trial and determination of the causes of action.

Download Smith v Fonterra Co-operative Group Limited (693 KB PDF).

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Waitangi Tribunal procedure – non-interference principle inapplicable – urgent inquiry – Te Aka Whai Ora

Memorandum-directions of Judge D Stone on the Te Aka Whai Ora Urgent Application 

Waitangi Tribunal (Wai 3307, #2.5.6)

16 February 2024

The Waitangi Tribunal decided to inquire urgently into the coalition Government's proposed disestablishment of Te Aka Whai Ora (the Māori Health Authority).

Download Memorandum-directions of Judge D Stone on the Te Aka Whai Ora Urgent Application (489 KB, PDF). read more

Tikanga Māori in Aotearoa New Zealand law – He Poutama explored in detail – part one: tikanga

He Poutama

Te Aka Matua o te Ture | Law Commission

Pūrongo Rangahau | Study Paper 24 (SP24)

21 Mahuru | September 2023

He Poutama is a study paper by Te Aka Matua o te Ture | Law Commission. The paper aims to provide frameworks for the interaction between tikanga Māori and common law and statute.  Members of Bell Gully’s Te Paewhiti Ture are working with the Māori Law Review to publish a series of articles on He Poutama addressing some of the detail of the Commission’s paper. This is the first article. Go here for the second article and here for the third and final article.

By members of Te Paewhiti Ture, Bell Gully: Rachael Brown, Dr Laura Hardcastle, Rhianna Morar (Ngāti Porou, Tapuika, Gujarat), Nikorima Nuttall (Raukawa ki Te Kaokaoroa o Pātetere) and Brontë Tuffery (Ngāti Toa Rangatira)

Download He Poutama (5.56 MB)

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Waitangi Tribunal procedure – priority inquiry – climate change

Decision of the Deputy Chairperson Judge Sarah Reeves on the applications for urgency and priority 

Waitangi Tribunal (Wai 3262, #2.5.6; Wai 2607, #2.5.12)

9 February 2024

The Waitangi Tribunal decided to hold a priority inquiry into claims about climate change issues in response to two applications. The first application was a renewed request for a priority inquiry by David Potter on behalf of all Māori (Wai 2607), and the second an application for an urgent inquiry by Emma Bailey, on behalf of herself and Climate Justice Taranaki (Wai 3262).

Download Decision of the Deputy Chairperson Judge Sarah Reeves on the applications for urgency and priority (581 KB, PDF).

read more

Sir Edward Taihakurei Durie student essay competition 2023 – The Taranaki Maunga settlement has blunted prospects for use of legal personality

Sir Edward Taihakurei Durie student essay competition 2023

The Taranaki Maunga settlement has blunted prospects for use of legal personality

Harry Waddington

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Chief Judge’s powers – succession – Henderson

Henderson v Nisbet - Karamu GB (Balance) 

(2024) Chief Judge's MB 156 (2024 CJ 156)

5 February 2024

Application seeking exercise of the Chief Judge's special powers to amend a succession order to reflect the deceased’s intentions to gift her shares in the Karamu (GB) Balance Block to her two brothers.

Download Henderson v Nisbet - Karamu GB (Balance) (316 KB PDF). read more

Succession – Family Protection Act 1955 – Julian

Julian v Inia - Succession to Moehuarahi Te Ruuri 

(2024) 309 Waiariki MB 197 (309 WAR 197)

2 February 2024

Applications filed under the Family Protection Act 1955 (FPA) on the basis that the deceased breached her moral duty by excluding some of her children from receiving her whenua Māori, thus failing to provide adequately for their maintenance and support.

Download Julian v Inia - Succession to Moehuarahi Te Ruuri (470 KB PDF). read more