September 2026 – Māori Law Review

Mahuru 2026 September – Contents

Te Ranga Huatau

Ngā Rangahautira at Te Herenga Waka Victoria University of Wellington has released Te Ranga Huatau 2026. The Māori Law Review is pleased to offer support to bring online access to articles in this edition.

Te Kōti Mana Nui - Supreme Court

Procedure - leave to appeal - Central North Island forests land - Te Rūnanga o Ngāti Manawa v CNI Iwi Holdings Limited [2026] NZSC 136 - Elizabeth Derby

Te Kōti Matua – High Court

Kaimoana customary fishing - obstruction and tikanga - Moon v Ministry for Primary Industries [2026] NZHC 2710 - Elizabeth Derby

Te Kōti Pīra Māori – Māori Appellate Court

Procedure - redefinition of class of beneficiaries - court must consider views of owners - Paki v Anderson - Rangitoto Tuhua 33C3B4B1D2 Māori Reservation (Te Hokingamai ki te Nehenehenui Marae/Ōtewā Marae) [2026] Māori Appellate Court MB 440 - Elizabeth Derby

2026 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Chief Judge's powers - amendment of succession order - DNA evidence - Ure v Ure - Succession to James Ure (2026) Chief Judge's MB 1331 - Elizabeth Derby

Procedure - stay of proceedings while similar proceedings before the High Court - Gibbs v Te Āhuru Trustee Company Ltd - Lot 1 DP 4866 and Section 1 SO 10359 (2026) 543 Aotea MB 4 - Elizabeth Derby

Trusts - establishment of whenua tōpū trust - jurisdiction to vest Māori customary land - Deputy Registrar v Davis - Mataimoana (Māori Customary Land) (2026) 540 Aotea MB 91 - Elizabeth Derby

Trusts - replacement of trustees - enforcement of obligations of trust - Ngahere-Pompey v Green - Allotment 62D Parish of Waipa (Waingaro Marae) (2026) 303 Waikato Maniapoto MB 182 - Elizabeth Derby

Trusts - jurisdiction to review actions of Ngāti Pāoa Trust Board as former sole responsible trustee of Waiheke Station Trust - Ngāti Pāoa Iwi Trust v Ngāti Pāoa Trust Board - Allotment of Parish 20 Waiheke and others (Waiheke Station) (2026) 303 Waikato Maniapoto MB 30 - Elizabeth Derby

2026 Māori Land Court judgments - index

Te Rōpū Whakamana i Te Tiriti o Waitangi – Waitangi Tribunal

Legislation - references to Treaty principles - Te Tinihanga o Ngā Mātāpono: The Urgent Report on the Treaty Principles Reform (Wai 3565, 2026)

Hauora - health and disability services - Hauwhaikaha - the Disability System Report- pre-publication version (Wai 2575, 2026)

Hauora - alternative plans for Maaori health following disestablishment of Te Aka Whai Ora - Hautupua: Te Aka Whai Ora (Maaori Health Authority) Priority Report - Part 2 (Wai 2575, 2026)

Education - Hūtia te Rito o te Harakeke, kei Hea te Kōmako e Kō? The Stage Two, Part I Report of the Education and Training Amendment Act and Te Mātaiaho Urgent Inquiry - pre-publication version (Wai 3553, 2026)

Ngā whakaturetanga – Legislation

Legislation - References to Tiriti o Waitangi/Treaty of Waitangi Amendment Bills - Elizabeth Derby

Hauora – alternative plans for Maaori health – Hautupua: Te Aka Whai Ora (Maaori Health Authority) Priority Report – Part 2

Hautupua: Te Aka Whai Ora (Maaori Health Authority) Priority Report - Part 2

Te Roopuu Whakamana i Te Tiriti o Waitangi - Waitangi Tribunal (Wai 2575, 2026)

25 September 2026

This report on the second part of the Hautupua: Te Aka Whai Ora (Maaori Health Authority) Priority Inquiry addresses claims concerning the Crown's alternative plans to Maaori health in lieu of a Maaori health authority. This follows the Tribunal's part one report on the disestablishment of Te Aka Whai Ora/the Maaori Health Authority, which was released in November 2024.

Download Hautupua: Te Aka Whai Ora (Maaori Health Authority) Priority Report - Part 2 - pre-publication format (2.3 MB PDF).

Procedure – leave to appeal – Central North Island forests land – Te Rūnanga o Ngāti Manawa

Te Rūnanga o Ngāti Manawa v CNI Iwi Holdings Limited

Supreme Court [2026] NZSC 136

24 September 2026

Leave to appeal to the Supreme Court granted to the second and fourth respondents on the question of whether the Court of Appeal was correct to allow the appeals to the extent identified in its judgment.

Download Te Rūnanga o Ngāti Manawa v CNI Iwi Holdings Limited (97 KB PDF).

Ngā Whakaturetanga – References to Tiriti o Waitangi/Treaty of Waitangi Amendment Bills

The Government has introduced three omnibus bills which, if passed, would give effect to aspects of the National-New Zealand First coalition agreement to conduct a comprehensive review of all legislation that includes references to "the principles of the Treaty of Waitangi", and to either replace all such references with specific words, relating to the relevance and application of the Treaty, or to repeal the references.
read more

Hūtia te Rito o te Harakeke, kei Hea te Kōmako e Kō? The Stage Two, Part I Report of the Education and Training Amendment Act and Te Mātaiaho Urgent Inquiry

Hūtia te Rito o te Harakeke, kei Hea te Kōmako e Kō? The Stage Two, Part I Report of the Education and Training Amendment Act and Te Mātaiaho Urgent Inquiry - pre-publication version

Te Rōpū Whakamana i Te Tiriti o Waitangi - Waitangi Tribunal (Wai 3553, 2026)

17 September 2026

The Tribunal’s stage two, part I report concerns the Crown’s reform of Aotearoa New Zealand’s national curriculum, comprising both Te Marautanga o Aotearoa and the New Zealand Curriculum. This report follows the Tribunal’s stage one interim report concerning proposed changes to treaty provisions in the Education and Training Act 2020, released in May 2026, and precedes the forthcoming stage two, part II report addressing the removal of school boards’ Treaty obligations, formerly contained in section 127(1)(d) of the Education and Training Act 2020.

Download Hūtia te Rito o te Harakeke, kei Hea te Kōmako e Kō? The Stage Two, Part I Report of the Education and Training Amendment Act and Te Mātaiaho Urgent Inquiry - pre-publication version (3.3 MB PDF).

Kaimoana customary fishing – obstruction and tikanga – Moon

Moon v Ministry for Primary Industries

High Court [2026] NZHC 2710

14 September 2026

Unsuccessful appeal against convictions of possessing pāua while in possession of a breathing apparatus and for obstructing a fishery officer. The appellant contended that the District Court erred in rejecting a tikanga-based contention in relation to the charge of obstruction.

Download Moon v Ministry for Primary Industries (315 KB PDF). read more

Procedure – redefinition of class of beneficiaries – court must consider views of owners – Paki

Paki v Anderson - Rangitoto Tuhua 33C3B4B1D2 Māori Reservation (Te Hokingamai ki te Nehenehenui Marae/Ōtewā Marae)

[2026] Māori Appellate Court MB 440 (2026 APPEAL 440)

8 September 2026

This is a case about the redefinition of the class of beneficiaries for the Rangitoto Tuhua 33C3B4B1D2 Māori Reservation. The Court found that the Māori Land Court did not consider the views of the descendants of the original owners of the whenua when it was considering redefinition of the beneficiary class.

Download Paki v Anderson - Rangitoto Tuhua 33C3B4B1D2 Māori Reservation (Te Hokingamai ki te Nehenehenui Marae/Ōtewā Marae) (271 KB PDF). read more

Mai i te pūtake ki te mana: Mai te tirohanga ki te whakapapa ki te tikanga – Tāmati Durie-McGrath

Tāmati Durie-McGrath (he/him; Rangitāne, Ngāti Kauwhata, Ngāti Rangatahi, Raukawa ki te Tonga, Ngāti Tuwharetoa) discusses the function of mana and whakapapa within te ao Māori legal constructs through an examination of Ngāti Raukawa's narratives.

Māori ki te ao – Reflections on being a Māori law student studying in Spain – Emma Barnes-Wetere

Emma Barnes-Wetere (she/her; Waikato-Tainui, Ngāti Maniapoto) reflects on the intersection of law, culture, identity, and place, shaped by her experience on a student exchange at Esade Law School in Barcelona.

The tikanga of belonging: Should whakapapa define state citizenship? – Eruera Raine

Eruera Raine (he/him; Ngāti Kahu) discusses the differences between whakapapa and the Western concept of "citizenship" and considers the pathway towards tikanga-based citizenship.

Ko te tamaiti te kaupapa, ko whakapapa te take: A critical analysis of Mable v Rangi and whakapapa in family law – Savannah Cowan

Savannah Cowan (she/her; Ngāpuhi, Ngāruahine, Waikato-Tainui, Ngāti Kauwhata) discusses whakapapa in family law through an analysis of the 2024 High Court appeal in Mable v Rangi. Note that the names of the parties to these proceedings have been modified.

Te Ranga Huatau – Editorial – Mila Pivac Solomon

E ngā mana, e ngā reo, e nga karangatanga maha, tēnei te reo whakamihi atu ki a koutou! Nau piki mai, nau kake mai ki te kohikohinga kōrero nei, e kī ai ko Te Ranga Huatau! read more

A new dawn for “active protection” in environmental decision-making? Climate Clinic Aotearoa Inc v Minister for Energy and Resources – Amiria Tikao

Amiria Tikao (she/her; Kāi Tahu (Kāti Irakehu, Kāi Tarewa, Ngāi Tūāhuriri)) discusses the duty of active protection in the context of environmental decisionmaking in light of the recent case Climate Clinic Aotearoa Inc v Minister for Energy and Resources.

Ōpihi Whanaungakore: Who gets to decide? – Noah Wineti and PJ Wana

Noah Wineti (he/him; Ngāti Whakaaue, Ngāti Awa, Ngāi Te Rangi, Te Whakatōhea) and PJ Wana (he/him; Ngāti Awa, Tūhoe) consider the recognition of whakapapa-derived decision-making in state legal processes.

The authority to recognise authority: Tino rangatiratanga and the Takutai Moana Amendment Act 2025 – Amaia Watson

Amaia Watson (she/her; Ngāti Kahungunu ki Heretaunga, Ngāti Kahungunu ki te Wairoa, Ngāti Tūwharetoa, Rongomaiwahine) contemplates the constitutional authority for the Marine and Coastal Area (Takutai Moana) (Customary Title) Amendment Act 2025.

Te pito o tooku mauri: The law of whakapapa – Ngārewarewa Tata

Ngārewarewa Tata (she/her; Waikato-Tainui, Ngāti Maniapoto, Ngāi Tai, Rongowhakaata) imagines a legal system governed by the law of whakapapa.

Te whakapapa o Ngā Rangahautira: Hei tauira mō āpōpō – Phaedra Chin and Savannah Cowan

Phaedra Chin (she/her; Te Rarawa, Te Aupōuri) and Savannah Cowan (she/her; Ngāpuhi, Ngāruahine, Waikato-Tainui, Ngāti Kauwhata) reflect on the legacy of Ngā Rangahautira and look forward to the future.

Te korowai herehere o te Kāwana: The illusory protection of tino rangatiratanga through the RMA – Patricia Waugh

Patricia Waugh (she/her; Ngāti Pikiao, Ngāti Mākino, Ngāti Rongomai) discusses shared authority in the resource management space and the work still to be done to reach a transformed Aotearoa.

Hauwhaikaha – the Disability System Report – stage two phase one of the Health Services and Outcomes Kaupapa Inquiry

Hauwhaikaha - the Disability System Report - pre-publication version

Te Roopuu Whakamana i Te Tiriti o Waitangi - Waitangi Tribunal (Wai 2575, 2026)

3 September 2026

This report is the outcome of the Waitangi Tribunal inquiry into the Aotearoa New Zealand disability system. The Tribunal concluded that the State disability system does not recognise and properly provide for tino rangatiratanga and mana motuhake of taangata whaikaha Maaori.

Download Hauwhaikaha - the Disability System Report - pre-publication version (4.9 MB PDF).

Follow this link to access summaries of the report in easy-read format.

Follow this link to access audio, braille, and large print summaries of the report.

Follow this link to access summaries of the report in New Zealand Sign Language.

Chief Judge’s powers – amendment of succession order – DNA evidence – Ure

Ure v Ure - Succession to James Ure

(2026) Chief Judge's MB 1331 (2026 CJ 1331)

7 September 2026

Application to amend succession orders made in February 2013 relating to James Ure (the deceased). The applicant claimed that the order was incorrect in the presentation of facts to the Court as the applicant's father, Lloyd, was not a son of the deceased and did not have whakapapa Māori.

Download Ure v Ure - Succession to James Ure (832 KB PDF). read more