November 2024 – Māori Law Review

Whiringa-ā-rangi 2024 November – Contents

Te Kōti Matua – High Court

Fiduciary duty - Wakatū Nelson Tenths - liability, loss, and remedy - Stafford v Attorney-General High Court [2024] NZHC 3110 - Elizabeth Derby

Te Kōti Pīra Māori – Māori Appellate Court

2024 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Succession - Family Protection Act 1955 - remedy - Julian v Inia - Succession to Moehuarahi Te Ruuri (2024) 322 Waiariki MB 32 (322 WAR 32) - Elizabeth Derby

Ownership of house - determination of fixture or chattel - Paerata v Hughes - Tuaropaki A (2024) 323 Waiariki MB 233 (323 WAR 233) - Arthur Linkhorn

2024 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi - Waitangi Tribunal

Hautupua: Te Aka Whai Ora (Māori Health Authority) Priority Report (Wai 2575, 2024) - Elizabeth Derby

Ngā Mātāpono - The Principles: Interim Report Part II - Tomokia Ngā Tatau o Matangireia - Constitutional Kaupapa Inquiry Panel - Treaty Principles Bill and Treaty Clause Review Policies - Elizabeth Derby

Ngā Mātāpono - The Principles: interim report - Tomokia Ngā Tatau o Matangireia - Constitutional Kaupapa Inquiry Panel - Treaty principles and Treaty clause policies (Wai 3300, 2024) - Elizabeth Derby

2024 Waitangi Tribunal decisions - index

Hautupua: Te Aka Whai Ora (Māori Health Authority) Priority Report

Hautupua: Te Aka Whai Ora (Māori Health Authority) Priority Report - Part 1

Te Rōpū Whakamana i Te Tiriti o Waitangi - Waitangi Tribunal (Wai 2575, 2024)

29 November 2024

This is part one of the Tribunal's report on the disestablishment of Te Aka Whai Ora (the Māori Health Authority). This report addressed claims concerning the process the Crown followed to disestablish Te Aka Whai Ora as well as the impacts of that decision.

Download Hautupua: Te Aka Whai Ora (Māori Health Authority) Priority Report - Part 1 (--- MB PDF).

Ownership of house – determination of fixture or chattel – Paerata

Paerata v Hughes – Tuaropaki A

323 Waiariki MB 233 (323 WAR 233)

12 November 2024

Decision regarding contested ownership of a house. Case remitted from the Māori Appellate Court.

Download Paerata v Hughes – Tuaropaki A (227 KB PDF).

Ngā Mātāpono – The Principles: interim report part II – Tomokia Ngā Tatau o Matangireia – Constitutional Kaupapa Inquiry Panel – Treaty Principles Bill and Treaty Clause Review Policies

Ngā Mātāpono - The Principles: Part II of the Interim Report of the Tomokia Ngā Tatau o Matangireia - the Constitutional Kaupapa Inquiry Panel on the Crown's Treaty Principles Bill and Treaty Clause Review Policies (Pre-publication version)

Te Rōpū Whakamana i Te Tiriti o Waitangi - Waitangi Tribunal (Wai 3300, 2024)

5 November 2024

This is Part II (Chapter 6) of the Waitangi Tribunal's interim report Ngā Mātāpono - The Principles. This chapter addresses the policy development and decisions which have been made about the Treaty Principles Bill since the May 2024 hearing.

Download Ngā Mātāpono - The Principles: Part II of the Interim Report of the Tomokia Ngā Tatau o Matangireia - the Constitutional Kaupapa Inquiry Panel on the Crown's Treaty Principles Bill and Treaty Clause Review Policies (Pre-publication version) (2 MB PDF).

Fiduciary duty – Wakatū Nelson Tenths – liability, loss, and remedy – Stafford

Stafford v Attorney-General

High Court [2024] NZHC 3110

30 October 2024

Decision, interim in parts, on issues of liability, loss, and remedy following the Supreme Court's judgment that the Crown owed fiduciary duties to the customary owners of land located at Te Tau Ihu, the top of the South Island.

Download Stafford v Attorney-General (3.1 MB PDF). read more

Succession – Family Protection Act 1955 – remedy – Julian

Julian v Inia - Succession to Moehuarahi Te Ruuri

(2024) 322 Waiariki MB 32 (322 WAR 32)

16 October 2024

Decision to determine the appropriate remedy under the Family Protection Act 1955 following the earlier finding that the deceased had breached her moral duties at tikanga by not adequately making provision for all of her children in her final will.

Download Julian v Inia - Succession to Moehuarahi Te Ruuri (307 KB PDF).