2017 General Election and government formation

The Electoral Commission released the final results of the 23 September general election on 7 October 2017. read more

Australia – rights of indigenous peoples – the year in review – 2016 -17

James Dwyer reviews developments for the rights of indigenous peoples in Australia over 2016 and 2017. read more

Review of Te Ture Whenua Māori Act 1993 – 2017 progress of Te Ture Whenua Māori Bill

Toni Love reports on progress of the proposed reform of Māori land legislation before the dissolution of the 51st Parliament ahead of the 2017 General Election. read more

Fiduciary duty – Crown owed fiduciary duties to owners of Nelson tenths reserves – reasons – Proprietors of Wakatū

Proprietors of Wakatū v Attorney-General

Supreme Court [2017] NZSC 17

28 February 2017

Kylee Katipo discusses the recent Supreme Court judgment in Proprietors of Wakatū v Attorney General, which ruled that the Crown owed fiduciary duties to the customary owners of the Nelson tenths reserves.

See also Dr Alex Frame's article explaining some of the implications of the Supreme Court's decision and our summary article about the decision:

Fiduciary duty – a few remarks on Proprietors of Wakatū v Attorney-General [2017] NZSC 17 - Dr Alex Frame

Fiduciary duty – Crown owed fiduciary duties to owners of Nelson tenths reserves – Proprietors of Wakatū v Attorney-General - Martha Reilly

read more

Fiduciary duty – a few remarks on Proprietors of Wakatū v Attorney-General [2017] NZSC 17

The Wakatū Decision: A Landmark Moment in New Zealand Law

Public lecture at Victoria University of Wellington, hosted by the New Zealand Centre for Public Law and the Māori Law Review and with the support of the Faculty of Law and Office of the Deputy Vice Chancellor (Māori).

20 April 2017

Dr Alex Frame (University of Waikato) illustrates some of the implications of the Supreme Court's recent decision in Proprietors of Wakatū v Attorney-General [2017] NZSC 17.

See also Kylee Katipo's article summarising the reasons given in the Supreme Court's decision and our summary article about the decision:

Fiduciary duty - Crown owed fiduciary duties to owners of Nelson tenths reserves - reasons - Proprietors of Wakatū - Kylee Katipo

Fiduciary duty – Crown owed fiduciary duties to owners of Nelson tenths reserves – Proprietors of Wakatū v Attorney-General - Martha Reilly  read more

2017 Māori Appellate Court Judgments – index

This table lists the 2017 judgments of the Māori Appellate Court and contains links to reports about the decisions.

For other years: 2010, 2011, 2012, 2013, 2014, 2015, 2016, 20182019, 2020, 2021, 2022, 2023. For the 2017 Māori Land Court judgments index.

read more

Tū Mai te Rangi – the Crown and disproportionate Māori reoffending rates

Tū Mai Te Rangi! The Report on the Crown and Disproportionate Reoffending Rates

Waitangi Tribunal Wai 2540, 2017 (pre-publication version)

11 April 2017

The Waitangi Tribunal has upheld claims, inquired into urgently, about reducing the high rate of reoffending by Māori relative to non-Māori through the work of the Department of Corrections.

See the full report on this claim: Tū Mai Te Rangi! The Report on the Crown and Disproportionate Reoffending Rates. read more

2017 Māori Land Court Judgments – index

This table lists the 2017 judgments of the Māori Land Court and contains links to reports about the decisions.

For other years: 2010, 201120122013, 20142015, 201620182019, 2020, 2021, 2022, 2023. For the 2017 Māori Appellate Court judgment index. read more

Māori interests in natural resource management: 2016 in review

Annie O'Connor, Dave Randal and Alanna Garland Duignan from Buddle Findlay review legal developments from 2016 relating to Māori interests in natural resources.

read more

Trusts – trustee appointment – debtor to trust ineligible – Severne

Deputy Registrar v Severne - Okahukura 8M2C2C2B

Māori Land Court (2017) 365 Aotea MB 174 (365 AOT 174)

15 February 2017

Application by Mr Howell and Ms Gardiner for appointment as responsible trustees of the Okahukura 8M2C2C2B Trust. Mrs Gardiner appointed, application from Mr Howell dismissed.

Download Deputy Registrar v Severne - Okahukura 8M2C2C2B (193 KB, PDF). read more

Sir Edward Taihakurei Durie student essay competition 2016 – Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 and Lex Aotearoa

Sir Edward Taihakurei Durie student essay competition 2016

Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 and Lex Aotearoa

The Māori Law Review is pleased to publish Tyson Hullena's prize winning essay about Te Awa Tupua (Whanganui River Claims Settlement) Act 2017. read more

Judicial Review – Waitangi Tribunal must recommend return of land or clearance – Attorney-General v Haronga

Attorney-General v Haronga

Court of Appeal [2016] NZCA 626

19 December 2016

The Court of Appeal dismissed appeals from two High Court decisions about the scope of the Waitangi Tribunal's discretion in recommending remedies where licensed forest land or memorialised land is sought as a remedy for well-founded claims. Both High Court decisions had found the Tribunal's decisions under review were unlawful. The Court of Appeal upheld that result. The Waitangi Tribunal has to make decisions again on the remedies sought.

Download Attorney-General v Haronga. read more

2016 Māori Appellate Court Judgments – index

This table lists the 2016 judgments of the Māori Appellate Court and contains links to reports about the decisions.

For other years: 2010, 2011, 2012, 2013, 2014, 2015, 2017, 20182019, 2020, 2021, 2022, 2023. For the 2016 Māori Land Court judgments index.

read more

Status of land – change of status to General land allowed – no preferred class of alienees – Farquhar

Farquhar - Palmerston North Māori Reserve Trust 

Māori Land Court (2016) 358 Aotea MB 19 (358 AOT 19)

31 August 2016

An application was allowed to change the status of land from Māori Freehold land to General land. Trust obligations were varied also. The Court maintained no person fell within the Act's preferred class who would hold a right of first refusal. The Court's decision suggests that trustees acting in a commercially prudent manner will support changing the status of land away from being Māori Freehold land.

Download Farquhar - Palmerston North Māori Reserve Trust (178 KB PDF). read more

2016 Māori Land Court Judgments – index

This table lists the 2016 judgments of the Māori Land Court and contains links to reports about the decisions.

For other years: 2010201120122013, 20142015, 2017, 20182019, 2020, 2021, 2022, 2023. For the 2016 Māori Appellate Court judgments index. read more

Review of Te Ture Whenua Māori Act 1993 – Select Committee report on Bill – Whiringa-ā-rangi 2016

The Māori Affairs select committee of the House of Representatives has issued its report on Te Ture Whenua Māori Bill. The Bill proposes significant reform to the law relating to Māori land.

Download the Te Ture Whenua Māori Bill as reported back with commentary (25 Whiringa-ā-rangi 2016 November). read more

Legislation – Te Awa Tupua (Whanganui River Claims Settlement) Bill – Select Committee report on Bill – Whiringa-ā-rangi 2016

The Māori Affairs select committee of the House of Representatives has issued its report on Te Awa Tupua (Whanganui River Claims Settlement) Bill.

Download the Te Awa Tupua (Whanganui River Claims Settlement) Bill as reported back with commentary (24 Whiringa-ā-rangi 2016 November). read more

The relationship between the Crown and Māori – an interview with Ivan Kwok

Kirsten Hagan, Senior Analyst at the New Zealand Treasury and Māori Law Review contributor, interviews the Treasury's Ivan Kwok about the relationship between the Crown and Māori. read more

Review of Te Ture Whenua Māori Act 1993 – Te Ture Whenua Māori Bill – dispute resolution

A Bill was introduced into the House of Representatives in April 2016 to further reform Māori land law. This latest reform project has been in train since June 2012 when an independent expert panel was appointed to review the law.

Toni Love has followed the law reform process and has prepared a series of articles examining the most significant components of the new Bill as introduced to the House of Representatives. In this article she examines the provisions relating to dispute resolution. read more

Review of Te Ture Whenua Māori Act 1993 – Te Ture Whenua Māori Bill – registers and the Māori Land Court

A Bill was introduced into the House of Representatives in April 2016 to further reform Māori land law. This latest reform project has been in train since June 2012 when an independent expert panel was appointed to review the law.

Toni Love has followed the law reform process and has prepared a series of articles examining the most significant components of the new Bill as introduced to the House of Representatives. In this article she examines the provisions relating to registers and the Māori Land Court. read more

Review of Te Ture Whenua Māori Act 1993 – Te Ture Whenua Māori Bill – management entities

A Bill was introduced into the House of Representatives in April 2016 to further reform Māori land law. This latest reform project has been in train since June 2012 when an independent expert panel was appointed to review the law.

Toni Love has followed the law reform process and has prepared a series of articles examining the most significant components of the new Bill as introduced to the House of Representatives. In this article she examines the provisions relating to management entities for Māori land. read more

Review of Te Ture Whenua Māori Act 1993 – Te Ture Whenua Māori Bill – succession

A Bill was introduced into the House of Representatives in April 2016 to further reform Māori land law. This latest reform project has been in train since June 2012 when an independent expert panel was appointed to review the law.

Toni Love has followed the law reform process and has prepared a series of articles examining the most significant components of the new Bill as introduced to the House of Representatives. In this article she examines the provisions relating to succession to interests in Māori land. read more

Review of Te Ture Whenua Māori Act 1993 – Te Ture Whenua Māori Bill – disposing of interests in Māori land

A Bill was introduced into the House of Representatives in April 2016 to further reform Māori land law. This latest reform project has been in train since June 2012 when an independent expert panel was appointed to review the law.

Toni Love has followed the law reform process and has prepared a series of articles examining the most significant components of the new Bill as introduced to the House of Representatives. In this article she examines the provisions relating to alienation/disposition of Māori land. read more

Review of Te Ture Whenua Māori Act 1993 – Te Ture Whenua Māori Bill – Ownership interests in Māori freehold land

A Bill was introduced into the House of Representatives in April 2016 to further reform Māori land law. This latest reform project has been in train since June 2012 when an independent expert panel was appointed to review the law.

Toni Love has followed the law reform process and has prepared a series of articles examining the most significant components of the new Bill as introduced to the House of Representatives. In this article she examines the provisions relating to ownership interests in Māori land and the associated decision-making processes. read more

Review of Te Ture Whenua Māori Act 1993 – Te Ture Whenua Māori Bill – status of land and whenua tāpui (Māori reservations)

A Bill was introduced into the House of Representatives in April 2016 to further reform Māori land law. This latest reform project has been in train since June 2012 when an independent expert panel was appointed to review the law.

Toni Love has followed the law reform process and has prepared a series of articles examining the most significant components of the new Bill as introduced to the House of Representatives. In this article she examines the provisions relating to status of land and whenua tāpui (Māori reservations). read more