This editorial is provided by Jamie-Lee Tuuta (Ngāi Tahu, Ngāti Toa Rangatira, Ngāti Mutunga o Wharekauri) and Dr Carwyn Jones (Ngāti Kahungunu), the new Tumuaki Wahine and Tumuaki Tane of Te Hunga Rōia Māori o Aotearoa.
Systemic deprivation discounts and section 27 Reports: progress but not perfect
Oliver Fredrickson*
In Zhang v R, the Court of Appeal confirmed that “social, cultural or economic deprivation that has a demonstrative nexus with the offending may be presented in mitigation regardless of the specific ethnicity of the offender.” This aligns with an emerging trend among sentencing judges to award discounts to reflect “systemic deprivation”. Section 27 of the Sentencing Act 2002 has become a vehicle for much of this change. After years of neglect, s 27 is finally being utilised to bring vital information about defendants’ personal, family, whānau, community, and cultural background. Although this is a welcome development, the manner in which sentencing courts are applying this information and awarding discounts to reflect systemic deprivation has been inconsistent in two respects and this is troubling. First, although it is clear that a “causal nexus” is necessary, the extent to which judges are willing to critically engage with a s 27 report and draw available inferences has not been consistent. Second, it remains unclear whether a sentencing discount to recognise systemic deprivation remains available in particularly serious cases. As a result, sentencing judges have adopted both approaches, with the unfortunate result of having comparable offenders receiving different sentencing discounts.
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Māori Law Review consultant editor Professor Jacinta Ruru introduces new research about strengthening legal education so that Māori law is a foundational component of legal education in Aotearoa.
The Borrin Foundation funded the report discussed here. It is the first stage of a national, multi-year project led by 16 Māori legal researchers associated with Ngā Pae o Te Māramatanga, New Zealand’s Māori Centre of Research Excellence. The project and the report explore systemic change in the legal studies curriculum at Aotearoa New Zealand universities as an important step towards integrating Māori law into Aotearoa New Zealand’s legal system. read more
A number of targeted amendments have been made to Te Ture Whenua Māori Act 1993.
The Te Ture Whenua Māori (Succession, Dispute Resolution, and Related Matters) Amendment Bill (Amendment Bill) passed its third reading on 22 July 2020. The Amendment Bill will come into force in January 2021.
Toni Love has prepared a series of articles describing the different areas covered by this law reform exercise. In this article, Toni looks at the Amendment Bill's changes to succession to interests under the legislation. read more
A number of targeted amendments have been made to Te Ture Whenua Māori Act 1993.
The Te Ture Whenua Māori (Succession, Dispute Resolution, and Related Matters) Amendment Bill (Amendment Bill) passed its third reading on 22 July 2020. The Amendment Bill will come into force in January 2021.
Toni Love has prepared a series of articles describing the different areas covered by this law reform exercise. In this article, Toni looks at the Amendment Bill's changes to dispute resolution mechanisms available under the legislation. read more
A number of targeted amendments have been made to Te Ture Whenua Māori Act 1993.
The Te Ture Whenua Māori (Succession, Dispute Resolution, and Related Matters) Amendment Bill (Amendment Bill) passed its third reading on 22 July 2020. The Amendment Bill will come into force in January 2021.
Toni Love has prepared a series of articles describing the different areas covered by this law reform exercise. In this article, Toni looks at the Amendment Bill's changes to the Māori Land Court's jurisdiction. read more
A number of targeted amendments have been made to Te Ture Whenua Māori Act 1993.
The Te Ture Whenua Māori (Succession, Dispute Resolution, and Related Matters) Amendment Bill (Amendment Bill) passed its third reading on 22 July 2020. The Amendment Bill will come into force in January 2021.
Toni Love has prepared a series of articles describing the different areas covered by this law reform exercise. In this article, Toni looks at the Amendment Bill's changes to the operation of the Māori Land Court. read more
A number of targeted amendments have been made to Te Ture Whenua Māori Act 1993.
The Te Ture Whenua Māori (Succession, Dispute Resolution, and Related Matters) Amendment Bill (Amendment Bill) passed its third reading on 22 July 2020. The Amendment Bill will come into force in January 2021.
Toni Love has prepared a series of articles describing the different areas covered by this law reform exercise. In this article, Toni looks at the Amendment Bill's changes to the operation of Māori land trusts and incorporations. read more
A number of targeted amendments have been made to Te Ture Whenua Māori Act 1993.
The Te Ture Whenua Māori (Succession, Dispute Resolution, and Related Matters) Amendment Bill (Amendment Bill) passed its third reading on 22 July 2020. The Amendment Bill will come into force in January 2021.
Toni Love has prepared a series of articles describing the different areas covered by this law reform exercise. In this article, Toni looks at the Amendment Bill's changes to remedies available under the legislation. read more
A number of targeted amendments have been made to Te Ture Whenua Māori Act 1993.
The Te Ture Whenua Māori (Succession, Dispute Resolution, and Related Matters) Amendment Bill (Amendment Bill) passed its third reading on 22 July 2020. The Amendment Bill will come into force in January 2021.
Toni Love has prepared a series of articles describing the different areas covered by this law reform exercise. In this article, Toni looks at the Amendment Bill's miscellaneous changes. read more
Standing Rock Sioux Tribe v US Army Corps of Engineers (DDC) Civil Action No 16-1534
United State District Court for the District of Columbia
25 March 2020 and 6 July 2020
Dr Stephen Young examines two 2020 judgments in the ongoing dispute about the Dakota Access Pipeline brought by Sioux Indigenous peoples. These judgments deal with whether the pipeline can be used while required environmental impact assessments are outstanding.
Download Standing Rock Sioux Tribe v US Army Corps of Engineers (DDC) Civil Action No 16-1534 and Standing Rock Sioux Tribe v Army Corps of Engineers (Subsequent Determination), --- F Supp 3d ---, 2020 WL 3624426 (DDC)
Julian R. Murphy looks at the use of Indigenous languages in parliamentary proceedings and legislation in Aotearoa New Zealand and Australia. read more
Tau v Pitama - Kaiapoi Section 149B
Māori Land Court (2020) 62 Te Waipounamu MB 169 (62 TWP 169)
28 April 2020
A judgment granting an application to partition land to facilitate granting of a mortgage.
Download Tau v Pitama (252 KB PDF).
Mōtika Tangata mē Te Tiriti o Waitangi: Mate Korona mē te Noho Rāhui i Aotearoa Taumata 4 | Human Rights and Te Tiriti o Waitangi: COVID-19 and Alert Level 4 in Aotearoa New Zealand
Te Kāhui Tika Tangata | Human Rights Commission
April 2020
The Human Rights Commission (Commission) has released a report on Te Tiriti o Waitangi (Te Tiriti) implications resulting from the government's response to the Covid-19 pandemic (Report).
Download Mōtika Tangata mē Te Tiriti o Waitangi: Mate Korona mē te Noho Rāhui i Aotearoa Taumata 4 (341 KB, PDF)
McLeod - Mangatawa 2B 2A Block (Tamapahore Marae)
Māori Land Court (2020) 201 Waikato Maniapoto MB 145 (201 WMN 145)
3 April 2020
Unsuccessful application by two former trustees of the Māori reservation Mangatawa 2B 2A (more commonly known as Tamapahore Marae). The former trustees had been removed by the Court in 2007. The Court decided the Māori Reservation Regulations 1994 mean it is not possible to reappoint the trustees.
Download McLeod - Mangatawa 2B 2A Block (Tamapahore Marae) (246 KB PDF).
Sir Edward Taihakurei Durie student essay competition 2019
Ngāi Tai ki Tāmaki Tribal Trust and beyond the balancing exercise
Rhianna Morar read more
Māori Law Review consultant editor Judge Craig Coxhead looks at the mooting competition that takes place at the annual conference of Te Hunga Roia Māori o Aotearoa - the Māori Law Society. read more
This page lists a number of the 2019 decisions of the Waitangi Tribunal and contains links to reports about those decisions. read more
Legal Pluralism and reconciliation[1]
Professor Val Napoleon[2]
In August 2019, the Māori Law Review, AlterNative: An International Journal of Indigenous Peoples, and the Aotearoa New Zealand Centre for Indigenous Peoples and the Law, jointly supported the visit to Aotearoa of Cree legal scholar, Professor Val Napoleon. During her visit to Aotearoa, Professor Napoleon delivered a number of lectures and presentations. The Māori Law Review is very pleased to publish Professor Napoleon’s essay entitled 'Legal Pluralism and Reconciliation', a version of which was originally presented at the Commission on Legal Pluralism conference that was held at the University of Ottawa in 2018
Ināia Tonu Nei - now is the time. We lead, you follow
Te Ohu Whakatika
24 July 2019
Te Ohu Whakatika released a report entitled Ināia Tonu Nei - now is the time. We lead, you follow. The report reflects submissions the group received on the criminal justice system in Aotearoa as a result of hui Māori convened after the Criminal Justice Summit in 2018.
Download Ināia Tonu Nei in English (6.38 MB, PDF) and Ināia Tonu Nei in Te Reo Māori (6.4 MB, PDF).
He Waka Roimata - transforming our criminal justice system
Te Uepū Hāpai i te Ora
9 June 2019
Te Uepū Hāpai i te Ora, the Safe and Effective Justice advisory group, has released its first report entitled He Waka Roimata (a vessel of tears). The report reflects submissions the group received on the criminal justice system in Aotearoa.
Download He Waka Roimata (5.4 MB, PDF). read more
Northern Territory v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples
High Court of Australia [2019] HCA 7
13 March 2019
The High Court of Australia has given its first judgment on principles for compensating the extinguishment of native title.
Ana Coculescu, senior associate, and Chelsea Easter, law clerk, from Buddle Findlay review legal developments from 2018 relating to Māori interests in natural resources. read more