Hōngongoi 2026 July – Contents

Te Kōti Mana Nui

Procedure - leave to appeal - Crown Forest Assets Act 1989 - Ruru v Attorney-General [2026] NZSC 79 - Elizabeth Derby

Te Kōti Pīra – Court of Appeal

Jurisdiction - declaration of inconsistency - legislative settlement of Waitangi Tribunal claim - Wairarapa Moana ki Pouākani Incorporation v Attorney-General [2026] NZCA 255 - Craig Linkhorn

Te Kōti Pīra Māori – Māori Appellate Court

2026 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Trusts - breach of trustee duties - further remedies - MacDonald v Gibson - Ngāti Tāwhirikura Hapū Charitable Trust (2026) 538 Aotea MB 260 - Elizabeth Derby

Occupation order - granted on amended terms to reflect shareholding - Tana v Hira - Waiteuku 2A4A (2026) 317 Taitokerau MB 79 - Elizabeth Derby

2026 Māori Land Court judgments - index

Ngā Whakaturetanga - Legislation

Legislation - Te Here ā Nuku (Nelson Tenths) Bill - Elizabeth Derby


Jurisdiction – declaration of inconsistency – legislative settlement of Waitangi Tribunal claim – Wairarapa Moana ki Pouākani Incorporation

Wairarapa Moana ki Pouākani Incorporation v Attorney-General

Te Kōti Pīra - Court of Appeal [2026] NZCA 255

16 June 2026

Unsuccessful appeal from a High Court decision finding jurisdiction existed to make a declaration of inconsistency, but declining in the circumstances to exercise that jurisdiction. The declaration sought was that the settlement by legislation of Wairarapa Moana ki Pouākani Incorporation's claim to the Waitangi Tribunal was inconsistent with rights protected by s 27(3) of the New Zealand Bill of Rights Act 1990. On appeal, the Court decided the High Court did not have jurisdiction to hear the proceedings.

Download Wairarapa Moana ki Pouākani Incorporation v Attorney-General (357 KB PDF).

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Legislation – Te Here ā Nuku (Nelson Tenths) Bill

Te Here ā Nuku (Nelson Tenths) Bill

The Bill, introduced 22 June 2026, is to give effect to an agreement reached between the Crown and Te Here-ā-Nuku Trust in 2025 for the return of approximately 3,250 hectares of land at Te Tau Ihu, the northern part of the South Island. The Crown will also provide $420 million in compensation for land that the parties have agreed will not be be returned. This followed the High Court's finding, in 2024, that the Crown did not own a large area of land at Te Tau Ihu. Rather, it had been holding it on trust for the descendents of the original owners.
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Occupation order – granted on amended terms to reflect shareholding – Tana

Tana v Hira - Waiteuku 2A4A

(2026) 317 Taitokerau MB 79 (317 TTK 79)

25 June 2026

Application for an occupation order on the Waiteuku 2A4A block. The occupation order sought was for an area roughly equating to the applicant's shares held in the Trust. However, the Trust does not govern the use and administration of the entire block.

Download Tana v Hira - Waiteuku 2A4A (219 KB PDF). read more