Māori Law Review

Tikanga Māori

Tikanga Māori in Aotearoa New Zealand law - He Poutama explored in detail – part three: future engagement - Rachael Brown, Dr Laura Hardcastle, Rhianna Morar (Ngāti Porou, Tapuika, Gujarat) and Nikorima Nuttall (Raukawa ki Te Kaokaoroa o Pātetere)

Te Kōti Pīra – Court of Appeal

Chief Judge's powers - joint tenancy intended - appeal dismissed - Boon v Tuwhangai [2024] NZCA 107 - Elizabeth Derby

Te Kōti Matua – High Court

Judicial review - Waitangi Tribunal summons to Crown minister set aside - Minister for Children v The Waitangi Tribunal [2024] NZHC 931 - Craig Linkhorn

Te Kōti Pīra Māori – Māori Appellate Court

Permanent injunction - improperly ordered - Puohotaua v Trustees of the Rakatō B Trust - Rakatō B [2024] Māori Appellate Court MB 19 (2024 APPEAL 19) - Craig Linkhorn

2024 Māori Appellate Court judgments - index

2023 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Partition - developing Māori land - granted - Croon v Māori Trustee - Kekerione 31B (2024) 84 Te Waipounamu 224 (84 TWP 224) - Sam Foster

Trusts - payment to trustees from trust funds - review of trust - Reti - Part Lot 7 Deposited Plan 3351 - Petane Marae [2024] 109 Takitimu MB 1 (109 TKT 1) - 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 - application for urgent inquiry - s 7AA Oranga Tamariki Act 1989 (Wai 3350, #2.5.1) - Elizabeth Derby

Waitangi Tribunal procedure - issue of summons - evidence from the Minister for Children about proposed repeal of s 7AA Oranga Tamariki Act 1989 (Wai 3350, #2.5.7) - Elizabeth Derby

Legal and physical access to land - The Kōpūtara Priority Report (Wai 2200, 2024) - Elizabeth Derby

2024 Waitangi Tribunal decisions - index

Ngā whakahaere rauemi - natural resource management

Māori interests in natural resource management - 2023 in review - Chelsea Easter, Francesca Dykes, and Dave Randal

Arotakena pukapuka – Book review

Treaty Law: principles of the Treaty of Waitangi in law and practice - Roimata Smail

Print version

Download the Māori Law Review April 2024 (708 KB PDF)

Minister for Children v The Waitangi Tribunal

High Court [2024] NZHC 931

24 April 2024

The Minister for Children sought judicial review of a decision by the Waitangi Tribunal to issue a summons requiring evidence from her. The summons was issued as part of the Tribunal's inquiry into the Crown proposal to repeal s 7AA of the Oranga Tamariki Act 1989 and followed refusal by the Crown to tender evidence from the Minister. The Court granted review and set aside the summons.

Download Minister for Children v The Waitangi Tribunal (341 KB PDF). read more

Court of Appeal [2024] NZCA 107

12 April 2024

The Court of Appeal upheld the Māori Appellate Court decision reversing an exercise of the Chief Judge's powers. The issue was whether the purchasers of land held their interests as joint tenants or tenants in common. The Court of Appeal decision also confirms that appeals from decisions on whether to exercise the Chief Judge's powers can proceed to the Court of Appeal.

Download Boon v Tuwhangai (587 KB PDF).

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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 third article. Go here for the first article and here for the second article.

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

Download He Poutama (5.56 MB) read more

Memorandum directions of Judge M J Doogan concerning evidence from the Minister and issuing a summons

Waitangi Tribunal (Wai 3350, #2.5.7)

11 April 2024

Directions responding to the Crown confirming it would not call evidence from the Minister for Children for the Tribunal's urgent inquiry into the proposed repeal of s 7AA of the Oranga Tamariki Act 1989, nor would the Minister produce a written statement. The Tribunal decided to issue a summons requiring the Minister to give evidence in response to questions the Tribunal had raised. The Crown's lawyers had indicated that if a summons was issued then the Crown would seek an urgent judicial review of the Tribunal's exercise of that power. That subsequently occurred and is reported separately. On review, the High Court set aside the Tribunal's decision to issue the summons.

Download Memorandum directions of Judge M J Doogan concerning evidence from the Minister and issuing a summons (532 KB, PDF). read more

[2024] Māori Appellate Court MB 19 (2024 APPEAL 19)

11 March 2024

Successful appeal from a Māori Land Court decision granting first an interim and then a permanent injunction.

Download Puohotaua v Trustees of the Rakatō B Trust - Rakatō B (256 KB PDF). read more

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Decision of the Deputy-Chairperson Judge Sarah Reeves regarding the Wai 3309, Wai 2959, and Wai 682 urgency applications

Waitangi Tribunal (Wai 3350, #2.5.1)

26 March 2024

Decision concerning three applications regarding the Coalition Government's intention to repeal section 7AA of the Oranga Tamariki Act 1989.

Download Decision of the Deputy-Chairperson Judge Sarah Reeves regarding the Wai 3309, Wai 2959, and Wai 682 urgency applications (625 KB, PDF). read more

Treaty Law: principles of the Treaty of Waitangi in law and practice

Damen Ward, Kevin Hille, and Carwyn Jones

Thompson Reuters, New Zealand, 2023 (ISBN 9781991102300)

Reviewed by Roimata Smail*, barrister. read more

This table lists the 2024 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, 2023. Follow this link for the 2024 Māori Land Court judgments index.

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(2024) 109 Tākitimu MB 1 (109 TKT 1)

10 April 2024

This decision concerns various applications made by the trustees of Petane Marae about the affairs of the Trust following the significant impact of Cyclone Gabrielle on the Marae.

Download Reti - Part Lot 7 Deposited Plan 3351 - Petane Marae (287 KB PDF). read more