Oranga Tamariki – Care of children
Section 7AA is worth fighting for, but we must remember it is not rangatiratanga - Luke Fitzmaurice-Brown
Te Kōti Pīra Māori – Māori Appellate Court
Injunction - appeal from refusal of rehearing - Ross v Edwards - Waikite 3A [2024] Māori Appellate Court MB 100 (2024 APPEAL 100) - Elizabeth Derby
2024 Māori Appellate Court judgments - index
Te Kōti Whenua Māori – Māori Land Court
Chief Judge's powers - amendment of succession order - Karaitiana-Bryant v Karaitiana - Waipahihi 4H and Others (2024) Chief Judge's MB 278 (2024 CJ 278) - Elizabeth Derby
Chief Judge's powers - amendment of succession order - Taipana - Āorangi Part Taonui Āhuatūranga Block 3A2 (2024) 486 Aotea MB 169 (486 AOT 169) - Arthur Linkhorn
Trusts - trustee removal refused - Mana-Tukaha v Lowry - Awarua A25 (2024) 273 Taitokerau MB 129 (273 TTK 129) - Elizabeth Derby
Trusts - review of trust - Logan - Omahu 2H1B and Others (2024) 109 Tākitimu MB 199 (109 TKT 199) - Elizabeth Derby
Partition - relationship breakdown between owners - Andree v Appelhof - Oriwa 1B3E (2024) 273 Waiariki MB 56 (273 WAI 56) - Elizabeth Derby
Partition - hapū partition for residential housing - Bowdler - Waikawa Village Section 26A Block (2024) 85 Te Waipounamu MB 32 (85 TWP 32) - Elizabeth Derby
2024 Māori Land Court judgments - index
Te Rōpū Whakamana i Te Tiriti o Waitangi - Waitangi Tribunal
2024 Waitangi Tribunal decisions - index
Arotakena pukapuka – Book review
Treaty Law: principles of the Treaty of Waitangi in law and practice - Roimata Smail
On the 21st of May 2024, the Oranga Tamariki (Repeal of Section 7AA) Amendment Bill had its first reading in Parliament. The Bill seeks to repeal section 7AA of the Oranga Tamariki Act 1989, which is the Treaty of Waitangi provision within that legislation. Section 7AA requires the government to take a number of steps aimed at upholding Te Tiriti and reducing disparities for Māori within the child protection system. As a result, its planned repeal has been met with widespread opposition from Māori, including a claim to the Waitangi Tribunal.
In this article, Luke Fitzmaurice-Brown* argues that those advocates are right to oppose the repeal of section 7AA, but that equally, we should not equate section 7AA with the full realisation of tino rangatiratanga over kainga protected by Te Tiriti. The provision falls far short of that. In light of broader efforts to diminish the influence of Te Tiriti o Waitangi in law and policy, the damage the current child protection system does to Māori, and the possibility that section 7AA provides a pathway for tino rangatiratanga to be realised in future, section 7AA is still worth saving, but we must keep that wider context in mind. read more
Winiata v Ngatai - Whakapoungakau 9B 13, 15B 10, 14, 10B 6A, 11B 6, 13B 5, 16 2B 2G 2E and Pikirangi 9 (Aggregated)
(2024) 315 Waiariki MB 272 (315 WAR 272)
31 May 2024
Unsuccessful application for an injunction against the trustees of the Whakapoungakau 15B 10 Māori Reservation (the Rotokawa Bath Trust) and Ngāti Uenukukōpako Iwi Trust.
Download Winiata v Ngatai - Whakapoungakau 9B 13, 15B 10, 14, 10B 6A, 11B 6, 13B 5, 16 2B 2G 2E and Pikirangi 9 (Aggregated) (252 KB PDF). read more
Bowdler - Waikawa Village Section 26A Block
(2024) 85 Te Waipounamu MB 32 (85 TWP 32)
4 March 2024
Application seeking a hapū partition of the Waikawa Village Section 26A Block into five lots, with the intention of vesting four of the lots in the applicant's two children and retaining one for her own use.
Download Bowdler - Waikawa Village Section 26A Block (339 KB PDF). read more
Logan - Omahu 2H1B and Others
(2024) 109 Tākitimu MB 199 (2024 TKT MB 199)
24 May 2024
Application seeking a review of the Herewini Tiopira Whānau Trust.
Download Logan - Omahu 2H1B and Others (251 KB PDF). read more
Mana-Tukaha v Lowry - Awarua A25
(2024) 273 Taitokerau MB 129 (2024 TTK MB 129)
7 June 2024
Application for removal of a trustee from the Awarua A25 Ahu Whenua Trust.
Download Mana-Tukaha v Lowry - Awarua A25 (216 KB PDF). read more
Andree v Appelhof - Oriwa 1B3E
(2024) 273 Waiariki MB 56 (273 WAI 56)
20 May 2024
Interim decision on an application to partition Oriwa 1B3E into two lots so that the applicant could have exclusive use and possession of half the land.
Download Andree v Appelhof - Oriwa 1B3E (221 KB PDF). read more
Ross v Edwards - Waikite 3A
[2024] Māori Appellate Court MB 100 (2024 APPEAL 100)
22 May 2024
Appeal against a decision of the Māori Land Court dismissing an application for rehearing. The appellant had sought a rehearing of a decision granting an injunction requiring the appellant to vacate the land known as Waikite 3A and to remove his buildings and possessions from the land.
Download Ross v Edwards - Waikite 3A (235 KB PDF). read more
Taipana - Āorangi Part Taonui Āhuatūranga Block 3A2
(2024) 486 Aotea MB 169 (486 AOT 169)
25 June 2024
Application under s 45 of Te Ture Whenua Māori Act 1993 to amend a vesting order where the applicants father (the deceased) had transferred shares in a block of land to children from his second marriage without consulting immediate whānau.
Download Taipana - Āorangi Part Taonui Āhuatūranga Block 3A2 (902 KB PDF).
read more
