Proposed 2013 reform of the Resource Management Act 1991

Jacinta Ruru discusses the proposed reform of the Resource Management Act 1991 announced by the Environment Minister Amy Adams on 10 August 2013.

Download the Resource Management Summary of Reform Proposals 2013 here (1.5MB PDF). read more

Māori Community Development Act 1962 – consultation on its future

The Government has announced it is consulting the public on the future of the Māori Community Development Act 1962.

See the pānui here. read more

Māori in the seafood sector (fisheries and aquaculture) – the year in review

Justine Inns, partner at Ocean Law, reviews Māori involvement in the seafood sector. read more

The Treaty and the constitution – a symposium – 12 June 2013

The Māori Law Review hosted a symposium considering the constitutional role of the Treaty of Waitangi.

This event was held on Wednesday, 12 June 2013 at the Faculty of Law, Victoria University of Wellington.

read more

Māori, the Treaty and the Constitution – Rt. Hon. Sir Geoffrey Palmer QC

Rt. Hon. Sir Geoffrey Palmer QC’s paper, Māori, the Treaty and the Constitution delivered to the Māori Law Review symposium on the Treaty of Waitangi and the constitution, held on 12 June 2013.

This paper is an edited extract from Sir Geoffrey’s forthcoming book, Reform – A Memoir, to be published by Victoria University Press in November 2013. read more

Transition from tradition to modernity – Colin James

Colin James' paper to the Māori Law Review symposium on the Treaty of Waitangi and the constitution.

12 June 2013 read more

Māori constitutionality (and the Treaty of Waitangi)

Māmari Stephens' paper to the Māori Law Review symposium on the Treaty of Waitangi and the constitution.

12 June 2013 read more

The Treaty in the constitution conversation – Craig Linkhorn

Craig Linkhorn's paper to the Māori Law Review symposium on the Treaty of Waitangi and the constitution.

12 June 2013 read more

The Treaty in the constitution conversation – Craig Linkhorn

Craig Linkhorn's presentation to the Māori Law Review symposium on the Treaty of Waitangi and the constitution

12 June 2013

Download The Treaty in the constitution conversation here (480KB PDF).

The Treaty as a normal part of our public life

Amy Dixon's paper to the Māori Law Review symposium on the Treaty of Waitangi and the constitution.

12 June 2013 read more

How should we change the way we do business with one another?

Duran Moy's  paper to the Māori Law Review symposium on the Treaty of Waitangi and the constitution.

12 June 2013 read more

Giving greater effect to Treaty obligations in our constitution would be good for our natural environment

Emma Smith's paper to the Māori Law Review symposium on the Treaty of Waitangi and the constitution.

12 June 2013 read more

A constitution includes a hapū, whānau, iwi and Crown relationship

Marama Broughton's paper to the Māori Law Review symposium on the Treaty of Waitangi and the constitution.

12 June 2013 read more

The Treaty of Waitangi should play more than a role in our constitution

Julia Whaipooti's paper to the Māori Law Review symposium on the Treaty of Waitangi and the constitution.

12 June 2013 read more

Editorial – Judge Craig Coxhead – Māori land, unlocking the potential

This month's editorial is by Judge Craig Coxhead on unlocking the potential utilisation of Māori land. read more

Manitoba Métis Federation (Inc) v Attorney-General (Canada): A step forward for indigenous rights jurisprudence and an opportunity for New Zealand

Manitoba Métis Federation (Inc) v Attorney-General (Canada)

Supreme Court of Canada [2013] SCC 14

8 March 2013

Max Harris examines the Supreme Court of Canada’s recent decision in Manitoba Métis Federation (Inc) v Attorney-General (Canada) where that Court further developed the doctrine of the honour of the Crown.

Download Manitoba Métis Federation (Inc) v Attorney-General (Canada) here. read more

Review of Te Ture Whenua Māori Act 1993 – Discussion Document

Tom Bennion examines the discussion document issued recently by the independent panel of experts reviewing Te Ture Whenua Māori Act 1993. Te Puni Kōkiri has asked for submissions on this document by 17 May 2013.

Download the Discussion Document here (1.2MB PDF). read more

Disposal of Waitangi Tribunal records – proposal for consultation

Waitangi Tribunal Retention and Disposal Schedule, March 2013

Professor David V Williams, University of Auckland, comments on the Waitangi Tribunal's proposal to retain some of its business records and destroy other records. The  Waitangi Tribunal is currently seeking feedback on its proposed approach to records retention by Friday 26 April 2013.

Download the Tribunal's draft appraisal report (PDF, 612 KB), draft retention and disposal schedule (PDF,  70KB)  and guide to making comments on disposal recommendations here. read more

Review of Te Ture Whenua Māori Act 1993 – discussion document March 2013

The panel of experts reviewing Te Ture Whenua Māori Act 1993 has released a discussion document and invited submissions by 17 May 2013. The review panel proposes five integrated measures that it considers will improve the likelihood of Māori land being used more effectively.

  • Utilisation of Māori land should be able to be determined by a majority of engaged owners;
  • All Māori land should be capable of utilisation and effective administration;
  • Māori land should have effective, fit for purpose, governance;
  • There should be an enabling institutional framework to support owners of Māori land to make decisions and resolve any disputes;
  • Excessive fragmentation of Māori land should be discouraged.

Download the panel's discussion document here (PDF 1.2 MB). read more

Partial privatisation no material impairment to remedying Treaty breaches – New Zealand Māori Council v Attorney-General [2013] NZSC 6

The Supreme Court has dismissed the Māori Council's appeal from the High Court's refusal to grant judicial review over the proposed partial privatisation of Mighty River Power.

Download New Zealand Māori Council v Attorney-General [2013] NZSC 6 here (353 KB PDF). read more

Māori interests in natural resource management: 2012 in review

Kirsten Hagan and Julia White from Buddle Findlay's environment and Māori law team review natural resource management law affecting Māori in 2012. read more

New Zealand’s “Lost Cases” – Unreported Colonial Case Law on the Internet

Damen Ward provides an update on the database created as a result of the Lost Cases project coordinated by Victoria University of Wellington. read more

Sir Edward Taihakurei Durie student essay competition 2012 – Takamore v Clarke [2011] NZCA 587: the most significant legal development affecting Māori

Sir Edward Taihakurei Durie student essay competition 2012

Takamore v Clarke [2011] NZCA 587: The Most Significant Legal Development Affecting Māori

The Māori Law Review is pleased to publish Laura Lincoln's prize winning essay on the Court of Appeal's approach to recognising Māori custom. read more

What does Takamore mean for tikanga? – Takamore v Clarke [2012] NZSC 116

Takamore v Clarke

Supreme Court [2012] NZSC 116

18 December 2012

Natalie Coates provides an analysis of Takamore v Clarke. The case is about who has the right to decide where a body is buried.

Download Takamore v Clarke [2012] NZSC 116 (556 KB PDF) here. read more

More on Mason: Cultural factors in sentencing

R v Mason

High Court [2012] NZHC 1849

27 July 2012

In R v Mason [2012] NZHC 1361 Heath J gave reasons for refusing to allow Mr Mason to be dealt with in accordance with tikanga Māori in his trial and sentencing.  After pleading guilty to charges of murder and attempted murder Mr Mason was convicted. Mr Mason was sentenced on 27 July 2012.

Max Harris returns to Heath J’s earlier judgment, explores how tikanga Māori matters were addressed in Heath J’s sentencing notes, and makes some remarks about how cultural considerations (including tikanga Māori considerations) might be incorporated into sentencing in future, particularly in light of the Sentencing Act 2002 and a recent decision of the Supreme Court of Canada.

Download R v Mason [2012] NZHC 1849 here (88 KB PDF). read more