Hakihea 2025 December – Contents

Te Kōti Matua – High Court

Judicial review - calculation of Māori electorates - Tamihere v Te Kaitiaki Take Kōwhiri | Electoral Commission [2025] NZHC 3802 - Arthur Linkhorn

Te Kōti Pīra Māori – Māori Appellate Court

Judicial recusal - refusal to adjourn hearing - natural justice principles - tikanga - Takamore v Tawhara - Waioeka Papakāinga 25 [2025] Māori Appellate Court MB 436 - Craig Linkhorn

Trustees - retirement of reservation trustees - Watson v Van der Broek [2025] Māori Appellate Court MB 470 - Craig Linkhorn

Status of land - registration of change of status - Malcolm v Hahipene - Te Karaka 1B2B1 [2025] Māori Appellate Court MB 603 - Craig Linkhorn

2025 Māori Appellate Court judgments - index

2024 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Alienation - invalid lease - injunction - Toatoa v Toatoa - Wharerangi 5B1 and 6B2 Lot A and Lot B (2025) 125 Tākitimu MB 38 (2025 125 TKT MB 38) - Arthur Linkhorn

2025 Māori Land Court judgments - index

2024 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi - Waitangi Tribunal

Urgent inquiries by the Waitangi Tribunal - practice note - Tukanga Taihoro (22 August 2025)

Strategic Direction 2025-2035 - Waitangi Tribunal (2025)


Judicial review – calculation of Māori electorates – Tamihere

Tamihere v Te Kaitiaki Take Kōwhiri | Electoral Commission

[2025] NZHC 3802

8 December 2025

Unsuccessful application for judicial review of a decision by the Electoral Commission calculating the Māori electoral population and resulting number of Māori electorates. Applicant's interpretation of the legislation untenable.

Download Tamihere v Te Kaitiaki Take Kōwhiri Electoral Commission (157 KB PDF). read more

Status of land – registration of change of status – Malcolm

Malcolm v Hahipene - Te Karaka 1B2B1

[2025] Māori Appellate Court MB 603 (2025 APPEAL 603)
8 December 2025

A change of status of land takes effect on registration of the Court order. A transfer of the land occurred after its status was changed from General land to Māori freehold land but before registration of the Court's order changing status. This transfer did not trigger the requirements for confirmation of alienation applicable to Māori freehold land. The decision of the Māori Land Court was upheld and the appeal dismissed.

Download Malcolm v Hahipene - Te Karaka 1B2B1 (400 KB PDF). read more

Trustees – retirement of reservation trustees – Watson

Watson v Van der Broek

[2025] Māori Appellate Court MB 470 (2025 APPEAL 470)

3 October 2025

Successful appeal from decisions to replace and appoint trustees to four Māori reservations. Several errors of law were made including failing to appreciate that some trustees had resigned and were no longer in office because the effective date of their resignation was governed by the Māori Reservations Regulations 1994.

Download Watson v Van der Broek (408 KB PDF). read more

Judicial recusal – refusal to adjourn hearing – natural justice principles – tikanga – Takamore

Takamore v Tawhara - Waioeka Papakāinga 25

2025 Māori Appellate Court MB 436 (2025 APPEAL 436)

18 September 2025

This was an unsuccessful appeal from decisions of the lower Court to make trustee appointments. The appellants contended that the lower Court judge should not have heard the application and should have adjourned the hearing. There was no error in declining to adjourn the case, tikanga was not breached, and the judge's relationships did not call for recusal from hearing and deciding the case.

Download Takamore v Tawhara - Waioeka Papakāinga 25 (297 KB PDF). read more