Māori Law Review

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

Tikanga Māori

Tikanga Māori in Aotearoa New Zealand law - He Poutama explored in detail – part two: interaction between tikanga and state law - Rachael Brown, Dr Laura Hardcastle, Rebekah Te Rito (Ngāti Kahu and Ngāti Kahungunu), Rhianna Morar (Ngāti Porou, Tapuika, Gujarat) and Stuart Leslie (Ngāpuhi)

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

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

Procedure - stay of proceedings - strike out application - Watson v Day - Torere Section 64 (2024) 310 Waiariki MB 227 (310 WAR 227) - Arthur Linkhorn

2024 Māori Land Court judgments - index

2023 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi - Waitangi Tribunal

Crown forest licensed land - preliminary opinion - customary rights to CFL lands - Kāweka and Gwavas Crown forest licensed lands (Wai 2180, #6.2.58) - Elizabeth Derby

Waitangi Tribunal procedure - urgent inquiry refused - repeal of Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (Wai 2575, #2.6.164) - Elizabeth Derby

Waitangi Tribunal procedure - urgent inquiry - use and status of te reo Māori in the public sector (Wai 3308, #2.5.10) - 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

Print version

Download the Māori Law Review March 2024 (596 KB PDF)

Chelsea Easter, Francesca Dykes, and Dave Randal review legal developments from 2023 relating to Māori interests in natural resources.

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(2024) 84 Te Waipounamu 224 (84 TWP 224)

15 February 2024

Application seeking partition of Māori Land to secure the ongoing association of the applicant's whānau to the portion of partitioned land.

Download Croon v Māori Trustee - Kekerione 31B (295 KB PDF). read more

Memorandum-directions of Deputy Chairperson Judge Sarah Reeves regarding applications for urgent hearing regarding current or pending Crown actions or policies concerning the use and status of te reo Māori in the public sector 

Waitangi Tribunal (Wai 3308, #2.5.10)

1 March 2024

Decision concerning three applications for urgent hearing - the Ngāi Te Rangi Coalition Government Urgent Claim lodged by Charles Tawhiao on behalf of Ngāi Te Rangi Settlement Trust, its Māori beneficiaries and the iwi of Ngāi Te Rangi (Wai 3308, #1.1.1 & 3.1.1), the Ngāti Hine Lands, Forests and Resources claim lodged by Rewiti Paraone, Erima Henare, Pita Tipene and Waihoroi Shortland on behalf of Te Rūnanga o Ngāti Hine on behalf of the descendants of Torongare and Hauhaua (Wai 682, #1.1(v) & #2.37), and Te Reo Māori and Justice System (Rameka) claim lodged by Nora Rameka on behalf of Te Rūnanga o Ngāti Rēhia (Wai 3077, #1.1.1(b) & #3.1.2).

Download Memorandum-directions of Deputy Chairperson Judge Sarah Reeves regarding applications for urgent hearing regarding current or pending Crown actions or policies concerning the use and status of te reo Māori in the public sector (570 KB, PDF) when available. read more

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

By members of Te Paewhiti Ture, Bell Gully: Rachael Brown, Dr Laura Hardcastle, Rebekah Te Rito (Ngāti Kahu and Ngāti Kahungunu), Rhianna Morar (Ngāti Porou, Tapuika, Gujarat) and Stuart Leslie (Ngāpuhi)

Download He Poutama (5.56 MB) read more

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

Waitangi Tribunal (Wai 2575, #2.6.164)

28 February 2024

Decision concerning two applications for urgent inquiry - the Smokefree Aotearoa urgent claim lodged by Susan Taylor, Hone Harawira, Shane Bradbrook and Dr Amohia Boulton (Wai 3315, #3.1.2), and the Smokefree Aotearoa (Te Huia) urgent claim lodged by Beverly Te Huia and Jean Te Huia on behalf of all Māori affected by smoking (Wai 3324, #3.1.1).

Download 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 (523 KB, PDF) when available. read more

Preliminary opinion on customary rights in the Kāweka and Gwavas Crown forest licensed lands 

Waitangi Tribunal (Wai 2180, #6.2.58)

16 February 2024

The Tribunal has issued a preliminary opinion on claims by the Ngāti Hinemanu me Ngāti Paki Heritage Trust to customary interests in the Kāweka and Gwavas Crown forest licensed (CFL) lands.

Download Preliminary opinion on customary rights in the Kāweka and Gwavas Crown forest licensed lands (771 KB, PDF). read more

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)

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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

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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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).

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Sir Edward Taihakurei Durie student essay competition 2023

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

Harry Waddington

read more

(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

(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