Sir Edward Taihakurei Durie student essay competition 2018
Incorporating indigenous worldviews on the environment into non-indigenous legal systems: has the Te Awa Tupua Act led to reconciliation and self-determination?
Nopera Dennis-McCarthy read more
Sir Edward Taihakurei Durie student essay competition 2018
He Taonga Te Tamariki
Eru Kapa-Kingi read more
Feminist Judgments of Aotearoa New Zealand - Te Rino: A Two-Stranded Rope
Elisabeth McDonald, Rhonda Powell, Māmari Stephens, Rosemary Hunter (editors)
Hart Publishing, Oxford and Portland, Oregon, 2017 (ISBN9781509909711)
Reviewed by Linda Te Aho, Associate Professor, Te Piringa Faculty of Law, Waikato University. read more
Hui-a-Tau Conference 2018 - Te Hunga Roia Māori o Aotearoa
Hon. Justice Joseph Williams, judge of the Court of Appeal
October 2018
Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its 30th annual conference at Rotorua in October 2018. The theme of the conference was “Ka kuhu au ki te ture, hei matua mo te pani – I seek refuge in the law, for it is a parent of the oppressed” – Te Kooti Arikirangi Te Turuki. The conference provided an opportunity for lawyers, law students and members of the judiciary to discuss a wide range of legal issues relevant to Māori. The Māori Law Review is proud to support Te Hunga Roia Māori and to publish a selection of the presentations from the conference. The following speech was given by Hon. Justice Joseph Williams, Te Kōti Pīrā. read more
Hui-a-Tau Conference 2018 - Te Hunga Roia Māori o Aotearoa
Sacha McMeeking, senior lecturer and head of school, Aotahi - School of Māori and Indigenous Studies, University of Canterbury
October 2018
Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its 30th annual conference at Rotorua in October 2018. The theme of the conference was “Ka kuhu au ki te ture, hei matua mo te pani – I seek refuge in the law, for it is a parent of the oppressed” – Te Kooti Arikirangi Te Turuki. The conference provided an opportunity for lawyers, law students and members of the judiciary to discuss a wide range of legal issues relevant to Māori. The Māori Law Review is proud to support Te Hunga Roia Māori and to publish a selection of the presentations from the conference. The following speech was given by Sacha McMeeking, Head of School, Aotahi - School of Māori and Indigenous Studies, University of Canterbury. read more
Hui-a-Tau Conference 2018 - Te Hunga Roia Māori o Aotearoa
Una Jagose QC, Solicitor-General
October 2018
Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its 30th annual conference at Rotorua in October 2018. The theme of the conference was “Ka kuhu au ki te ture, hei matua mo te pani – I seek refuge in the law, for it is a parent of the oppressed” – Te Kooti Arikirangi Te Turuki. The conference provided an opportunity for lawyers, law students and members of the judiciary to discuss a wide range of legal issues relevant to Māori. The Māori Law Review is proud to support Te Hunga Roia Māori and to publish a selection of the presentations from the conference. The following speech was made by the Solicitor-General, Una Jagose QC.
Hui-a-Tau Conference 2018 - Te Hunga Roia Māori o Aotearoa
Briar Peat, barrister and solicitor and Dr Carwyn Jones, senior lecturer, Faculty of Law at Victoria University of Wellington
October 2018
Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its 30th annual conference at Rotorua in October 2018. The theme of the conference was “Ka kuhu au ki te ture, hei matua mo te pani – I seek refuge in the law, for it is a parent of the oppressed” – Te Kooti Arikirangi Te Turuki. The conference provided an opportunity for lawyers, law students and members of the judiciary to discuss a wide range of legal issues relevant to Māori. The Māori Law Review is proud to support Te Hunga Roia Māori and to publish a selection of the presentations from the conference. The following paper is by Briar Peat, solicitor at Chapman Tripp and Carwyn Jones, senior lecturer at Victoria University of Wellington. read more
Mikisew Cree First Nation v Canada
Supreme Court of Canada 2018 SCC 40
11 October 2018
The Supreme Court of Canada dismissed an appeal by Mikisew Cree First Nation (Mikisew Cree) against a finding in the Federal Court of Appeal that the ‘duty to consult’ First Nations does not apply to the development of legislation.
Hui-a-Tau Conference 2018 - Te Hunga Roia Māori o Aotearoa
Chris Merrick, barrister with Corin Merrick, barrister
October 2018
Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its 30th annual conference at Rotorua in October 2018. The theme of the conference was “Ka kuhu au ki te ture, hei matua mo te pani – I seek refuge in the law, for it is a parent of the oppressed” – Te Kooti Arikirangi Te Turuki. The conference provided an opportunity for lawyers, law students and members of the judiciary to discuss a wide range of legal issues relevant to Māori. The Māori Law Review is proud to support Te Hunga Roia Māori and to publish a selection of the presentations from the conference. The following paper was given by barrister Chris Merrick and includes a te reo Māori contribution by his wife and fellow barrister Corin Merrick on what it means to be a Māori lawyer. read more
Hui-a-Tau Conference 2018 - Te Hunga Roia Māori o Aotearoa
Tiana Epati, President-Elect of the New Zealand Law Society
October 2018
Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its 30th annual conference at Rotorua in October 2018. The theme of the conference was “Ka kuhu au ki te ture, hei matua mo te pani – I seek refuge in the law, for it is a parent of the oppressed” – Te Kooti Arikirangi Te Turuki. The conference provided an opportunity for lawyers, law students and members of the judiciary to discuss a wide range of legal issues relevant to Māori. The Māori Law Review is proud to support Te Hunga Roia Māori and to publish a selection of the presentations from the conference. The following paper was given by Tiana Epati, criminal lawyer and President-elect of the New Zealand Law Society. read more
James Dwyer reviews developments for the rights of indigenous peoples in Australia over 2017 and 2018. read more
Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims
Waitangi Tribunal (Wai 898, 2018)
10 September 2018
The Waitangi Tribunal has released a number of chapters from its report on its inquiry into claims in Te Rohe Pōtae (the King Country). The Tribunal has found that the Crown’s significant breaches of the Treaty of Waitangi caused serious damage to the mana and autonomy of the iwi and hapū of Te Rohe Pōtae.
Download Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims read more
Waitangi Tribunal
1 October 2018
Meredith Clement outlines developments in the Waitangi Tribunal's proposed procedure to inquire into remaining historical claims. read more
Jacinta Ruru*
The Māori Law Review's consultant editor Professor Jacinta Ruru delivered the 2017 Shirley Smith memorial address. This is an annual address presented by the Women in Law Committee of the New Zealand Law Society's Wellington branch. The address is dedicated to Ms Smith, a Wellington lawyer and legal academic. Ms Smith was the first woman law academic in New Zealand. She qualified and practiced law at a time when few women were practicising.
The final edited version of Professor Ruru's address will be published in the Victoria University of Wellington Law Review. This version, taken from Professor Ruru's oral presentation, is printed with permission and may differ in minor respects from the final published version. read more
Indigenous Courts, Self-Determination and Criminal Justice
Valmaine Toki
Routledge, Abingdon and New York, 2018 (ISBN 978 0815375524)
Reviewed by Fleur Te Aho. read more
This article was written by Toni Love and was drawn from a report written for the Sustainable Seas National Science Challenge.
The Challenge's objective is to enhance utilisation of New Zealand's marine resources within environmental and biological constraints.
Toni's report canvasses incorporating Māori approaches to risk, caution and cumulative impacts in Ecosystem Based Management in the marine management regime. The report also considers incorporation of Treaty of Waitangi principles and specific Māori cultural concepts, discussing their effectiveness in light of important recent cases. Finally, the report identifies challenges associated with statutory incorporation of Māori concepts. read more
Whakatōhea Mandate Inquiry Report
Waitangi Tribunal Wai 2662, 2018 (pre-publication version)
17 April 2018
In this report, the Tribunal determined that the Crown breached Treaty principles in entering settlement negotiations with a body representing the iwi Whakatōhea. In particular, the Tribunal found that the Crown's recognition of mandate conferred on that group "was not fair, reasonable, and made in good faith".
Download The Whakatōhea Mandate Inquiry Report (1.4 MB PDF). read more
Kevin Hille reviews developments affecting the rights of indigenous peoples in Canada in 2017. read more
Anna Brenstrum, Annie O'Connor and Dave Randal from Buddle Findlay review legal developments from 2017 relating to Māori interests in natural resources. read more
Sir Edward Taihakurei Durie student essay competition 2017
The Durability of the Treaty Settlement Process: Ngāti Whātua, Tikanga, and the Overlapping Claims Policy
Cate Barnett
The Māori whakatauki, “mā pango, mā whero ka oti te mahi” usually refers to different peoples or groups cooperating and combining efforts to achieve their goals.
In this article Dr Maria Bargh examines three aspects of the 2017 general election and asks whether strategies of cooperation were, or were not, used in election campaigning to achieve political ends and whether those proved successful. Secondly, the article considers the campaigns of three Māori candidates standing in general electorate seats and the different strategies they used with varying degrees of success. Finally, Dr Bargh turns to the government media campaign to increase Māori voter turnout and consider whether there were any significant differences in the 2017 turnout.
Dr Maria Bargh is Tumuaki/Head of School at Te Kawa a Māui/School of Māori Studies, Victoria University of Wellington. She is a Senior Lecturer in the School. Her research interests focus on Māori politics including constitutional change and Māori representation, voting in local and general elections, and the Māori economy. She also researches on matters related to Māori resources.