Tribunal declines to use binding powers in recommending remedies for Ngāti Kahu

The Ngāti Kahu Remedies Report (pre-publication edition)

Waitangi Tribunal (Wai 45, 2013)

4 February 2013

The Waitangi Tribunal has declined to exercise its powers to compel the Crown to transfer property to Ngāti Kahu to remedy the iwi's well-founded historical Treaty claims. While the Tribunal found that redress for the wrongful dispossession of 70 per cent of Ngāti Kahu lands by 1865 is long overdue, the circumstances of wider Treaty settlement negotiations in the far north did not warrant the use of its binding powers.

Download the Ngāti Kahu Remedies Report here. read more

Book review – Treaty of Waitangi Settlements

Overview

Treaty of Waitangi Settlements

Nicola R Wheen and Janine Hayward (eds)

Bridget Williams Books, Wellington, 2012 (283 pages)

Reviewed by Tom Bennion, Bennion Law read more

2012 Māori Appellate Court judgments – index

This table lists the 2012 judgments of the Māori Appellate Court and contains links to reports about the decisions.

For other years: 2010, 2011, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023. For the 2012 Māori Land Court judgments index.

read more

2012 Māori Land Court judgments – index

This table lists the 2012 judgments of the Māori Land Court and contains links to reports about the decisions.

For other years: 201020112013, 20142015, 20162017, 2018, 2019, 2020, 2021, 2022, 2023. For the 2012 Māori Appellate Court judgments index. read more

High Court rejects Māori Council water rights case

New Zealand Māori Council v Attorney-General

[2012] NZHC 3338

11 December 2012

The High Court declined the New Zealand Māori Council’s application for judicial review of decisions relating to the proposed partial privatisation of the State-owned Enterprise Mighty River Power. The Supreme Court will hear the Council’s appeal from that decision at the end of January 2013.

Download New Zealand Māori Council v Attorney-General [2012] NZHC 3338 here (519 KB PDF). read more

Book review – Aboriginal Title as contemporary discourse

Overview

Aboriginal Title: The Modern Jurisprudence of Tribal Land Rights

P G McHugh

Oxford University Press, Oxford, 2011 (400 pages)

Reviewed by Professor Richard Boast, Faculty of Law, Victoria University of Wellington read more

Matua Rautia: the report on the Kōhanga Reo claim

Matua Rautia: the Report on the Kōhanga Reo Claim

Waitangi Tribunal (Wai 2336, 2012)

The Waitangi Tribunal has released its report Matua Rautia: the report on the Kōhanga Reo claim. The report deals with a number of issues about the state of te reo Māori in kōhanga reo (Māori language preschools) and the Crown’s obligations to support the kōhanga reo movement and language revitalisation.

Download Matua Rautia: the report on the Kōhanga Reo claim here (4.45 MB PDF). read more

Te Urewera, Part III: From self-governing native reserve to national park

Te Urewera (pre-publication edition), Part III: From self-governing native reserve to national park

Waitangi Tribunal (Wai 894, 2012)

Part III of the Tribunal's report on its district inquiry into Te Urewera has been released in a pre-publication edition.

This part of the Tribunal's report tells the story of the transformation of land that came to form Te Urewera national part from self-governing native reserve to national park. The Tribunal found it was a story containing many broken promises. These ranged from failures to respect autonomy and tribal-level dealings in land through to failures to construct roading infrastructure. The governance and management of the national park was exclusionary of tribal interests. The issues relating to the national park sit at the heart of the claims of the peoples of Te Urewera and the Crown admitted in this inquiry that it obtained most of the park lands in breach of the Treaty.  The Tribunal is of the view that this needs to be more widely known if grievances are to be properly acknowledged and resolved and therefore hopes that this report “lays to rest the myth that the Crown acquired the park lands in fair and clean transactions.”

Carwyn Jones and Te Rangimārie Williams have prepared the following summary of this part of the Tribunal's report.

Download Te Urewera (pre-publication edition), Part III here. read more

Housing development on Māori land – Two case studies in developing and retaining Māori land

Biddy Livesey has examined two papakāinga development projects on Māori land, a topic which has gained recent attention from both the Office of the Auditor-General and the Productivity Commission as part of an effort to increase access to affordable housing and address barriers to development of Māori land. These projects provide an insight into landowners’ decision-making in the context of tension between the development and retention of Māori land. read more

Papakainga housing at Mangatawa

This comment is an invited response to the article by Biddy Livesey, Housing development on Māori land – Two case studies in developing and retaining Māori land. read more

Editorial – Deputy Chief Judge Caren Fox – Re-launching the waka (3)

This month's editorial reproduces extracts from the speech given by Deputy Chief Judge Caren Fox on 3 October 2012 at the function held to celebrate the re-launch of the Māori Law Review. read more

Crown offer to settle the historical claims of Ngāi Tūhoe

Overview

On 11 September 2012, Te Kotahi ā Tūhoe, the Ngāi Tūhoe negotiations team, accepted the Crown offer to settle the historical claims of Tūhoe.  The Crown offer includes financial, commercial and cultural redress valued at approximately $170 million; an historical account and Crown apology; the co-governance of Te Urewera lands, which will be vested in a new legal identity created by legislation; and mana motuhake in relation to the delivery of government and iwi services to Tūhoe communities. read more

Book review – ‘Always Speaking’: The Treaty of Waitangi and Public Policy

Overview

‘Always Speaking’: The Treaty of Waitangi and Public Policy

Veronica MH Tawhai and Katarina Gray-Sharp (eds)

Huia Publishers, Wellington, 2011 (344 pages)

Reviewed by Dr Matthew S R Palmer, Barrister, Thorndon Chambers, Wellington read more

Editorial – re-launching the waka (2)

Tēnā koutou kātoa.  Ngā mihi maioha ki a koutou.

The Māori Law Review has been a feature of the Māori legal world for nearly twenty years and it is both exciting and daunting to be involved in re-energising this publication. read more

Māori rights in water – the Waitangi Tribunal’s interim report

The Interim Report on the National Freshwater and Geothermal Resources Claim

Waitangi Tribunal (Wai 2358, 2012)

Do Māori have commercial proprietary interests in water protected by the Treaty of Waitangi?

If yes, will the sale of up to 49 per cent of shares in State-owned power-generating companies affect the Crown’s ability to recognise those rights and remedy their breach?

These questions have been before the Waitangi Tribunal these past few months.  On 24 August 2012, the Tribunal found that Māori still have residual proprietary rights in water and the Crown will breach the principles of the Treaty of Waitangi if it goes ahead with the intended share sale.

Download the Stage 1 Report on the National Freshwater and Geothermal Resources Claim here (4.8 MB PDF). read more

The Legal Māori Dictionary – treading a careful path…

In early 2013, LexisNexis will publish a new Māori language dictionary. Māori language dictionaries are nothing new, however this dictionary will be the first comprehensive bilingual dictionary conveying Western legal concepts in Māori. read more

Editorial – Tom Bennion on the Māori Law Review – re-launching the waka

Tēnā koutou kātoa. Ka nui te mihi ki ngā roia ki a koutou hoki e mahi ana i te ao ture.

The first issue of the Māori Law Review was posted from my home office in Brooklyn in December 1993. At the time, the internet was in its infancy and there was no regular reporting of Māori Land and Appellate Court judgments, nor of Waitangi Tribunal reports.

The Review was intended as a regular updating service following on from then Chief Judge, now Sir Edward Taihakurei Durie's earlier work in the Tai Whati series of casenotes. But the Review had an additional and broader aim, to chart the ways in which law in Aotearoa New Zealand is distinctive because of its Māori component. This was an attempt to record the development of our bicultural legal system if you like.

That first issue attracted 50 subscribers and it has grown from there.

In the early years it was sometimes a struggle to find enough items to fill a month.

The Review has moved with the times. It was on occasion even ahead of them. I have an old newspaper item announcing that the Māori Law Review was the first legal publication in New Zealand to be put on the internet.

But as anyone who runs a regular publication will know, it can be a grinding task. Running a busy law practice and the arrival of three children has meant slippage in recent years.

I was therefore grateful for the interest shown in revitalising the Review by Craig Linkhorn and Paul Meredith and Carwyn Jones from Victoria University of Wellington. They have assembled a team of contributors and editors to spread the load. My role thankfully drops back to part time contributor and consultant editor. As you will have seen already, they have done an excellent job in updating the website and getting the Review back on track. We are working together to get the remaining back issues completed and posted.

The Review is the regular reporter of judgments of the Māori Land and Appellate Courts and  Waitangi Tribunal reports. In addition there is a range of decisions from other courts and tribunals as well as legislation all affecting Māori. The job of the Review remains as important as ever.

However, since the earlier days of the internet, there is now a big change in the availability of decisions of courts and tribunal. This allows the Review to become a valuable annotator of decisions and its expert contributors guides to their overall relevance.

The Review’s new website is a great asset. The instant access to and updating of legal and other information on the internet is changing law in profound ways, some which we have yet to comprehend. It was with interest that I noted that Supreme Court Justice William Young in his recent judgment in Paki v Attorney-General [2012] NZSC 50 used the online database of historic newspapers to reach conclusions about the intent of a 1903 Act.

I hope for the future that the Review will be looked on as a valuable recorder of changing law in a very important period of its development. I think that the revived Review is an essential online tool for practitioners in this area, but also policy makers, academics and the many organisations, Māori and Pākehā who have to grapple with the bicultural aspects of our legal system.

Announcing court sittings in te reo Māori and English

District, Youth and Family Courts

From 23 July 2012, announcements will be made in both te reo Māori and English for the opening, adjournment and closing of court sittings in the District, Youth and Family Courts.

Download a guide to the phrases that will be used here (254 KB PDF).

2011 Māori Appellate Court judgments – index

This table lists the 2011 judgments of the Māori Appellate Court and contains links to reports about the decisions.

For other years: 2010, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023. For the 2011 Māori Land Court judgments index.

read more

2011 Māori Land Court judgments – index

This table lists the 2011 judgments of the Māori Land Court and contains links to reports about the decisions.

For other years: 201020122013, 20142015, 20162017, 2018, 2019, 2020, 2021, 2022, 2023. For the 2011 Māori Appellate Court judgments index. read more

2011 General Election and government formation

50th Parliament

The Electoral Commission released the final results of the 26 November general election on 10 December 2011.

read more

Treaty Settlement Legislation before the House of Representatives in 2011

The Whanganui Iwi (Whanganui (Kaitoke) Prison and Northern Part of Whanganui Forest) On-account Settlement Act 2011 was the only Treaty Settlement Bill enacted in 2011. However, a number of settlement bills are currently before the House.  Carwyn Jones reviews Treaty Settlement legislation in 2011. read more

September 2011 Mahuru – Contents

Māori Appellate Court

Costs - High Court scale used for comparison - Smith v Courtney - Ohuirua No 2 Block [2011] 2011 Maori Appellate Court MB 492

Māori Land Court

Injunction – cancellation of interim injunction – Te Pairi v Whakatane District Council - Omuriwaka and Tahora 2AD2 (2011) 38 Waiariki MB 116

Injunction – occupant ordered to vacate – Peters v Eruera - Kaikoura No 4 (2011) 40 Waiāriki MB 206

Occupation orders - granted after owners declined an ahu whenua trust - Mohinui 3B2B (2011) 27 Taitokerau MB 136

Status of land - application to change status to General land unnecessary, status already changed - Barrell - Lot 27 DP 40840 (2011) 27 Taitokerau MB 241

Trusts - appointment of trustees – interim independent trustee appointed – Gemmell - Mohaka A4 Trust (2011) 11 Takitimu MB 86

Costs - circumstances warranted payment from the Special Aid Fund - Rogers v Stirling - Taungaure No.2 (2011) 39 Waiariki MB 297

Costs - District Court scale used for comparison - Gardiner v Gorringe (2011) 28 Waikato Maniapoto MB 237

May 2011 – Contents

Supreme Court

Remedies recommendations from the Waitangi Tribunal - Haronga v Waitangi Tribunal [2011] NZSC 53

Māori Land Court

Status of land - Council views not relevant in considering status change - Deputy Registrar - Ohawini A6 (2011) 21 Taitokerau MB 172

Appointment of trustees – poll vote appropriate and fair – McLelland - Ngati Hine H2B (2011) 21 Taitokerau MB 57

Incorporation – ahu whenua trust established after liquidator discharged – Te Onetu Pihama Incorporation (2011) 266 Aotea MB 20

 

December 2010 Hakihea – Contents

Māori Appellate Court

2010 Māori Appellate Court judgments - index

Partition – Court unable to inquire into the validity of orders over 10 years old - Ruka – Taheke 23A and 23B [2010] Māori Appellate Court MB 629

Partition - insufficient support - Whaanga - Anewa Trust (2010) 11 Tairawhiti MB 46

Status of land - land has been Native or Māori freehold land since Crown grant issued in 1870 - Faulkner v Deputy Registrar - Allotment 5 Parish of Tahawai (2010) Māori Appellate Court MB 643

Māori Land Court

2010 Māori Land Court judgments - index

Injunction – trustees restrained from administering or managing the trust – Hunia v Skerrit-White - Kawerau A8D (2010) 22 Waiāriki MB 92

Partition, easement - sufficiency of support - Rogers v Stirling - Taungaure No.2 (2010) 21 Waiariki MB 105

Trusts – interim trustees' tenure extended – Hall v Opepe Farm Trust - Opepe Farm Trust (2010) 22 Waiāriki MB 47