The government of Canada removed its objector status to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), and intends to "adopt and implement the declaration in accordance with the Canadian Constitution."
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 first article in a series she examines the Bill's preliminary provisions.
Seminar – Te Ture Whenua Māori Bill
Friday 24 June 2016, 1:00 pm – 4:00 pm
Buddle Findlay – PWC Tower, 188 Quay St, Auckland
The Māori Law Review is convening seminars in Auckland and Wellington where presenters will explore the proposed reform of Māori land law set out in the Te Ture Whenua Māori Bill.
Professor Jacinta Ruru will chair the seminars. Professor Ruru is Co-Director of Ngā Pae o te Māramatanga New Zealand’s Māori Centre of Research Excellence and a Consultant Editor to the Māori Law Review. read more
Seminar – Te Ture Whenua Māori Bill
Friday 17 June 2016, 2:00 pm – 5:00 pm
Buddle Findlay – Level 17, State Insurance Tower
1 Willis Street, Wellington
The Māori Law Review is convening seminars in Wellington and Auckland where presenters will explore the proposed reform of Māori land law set out in the Te Ture Whenua Māori Bill.
Professor Jacinta Ruru will chair the seminars. Professor Ruru is Co-Director of Ngā Pae o te Māramatanga New Zealand’s Māori Centre of Research Excellence and a Consultant Editor to the Māori Law Review. read more
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 sets out the general policy statement and clause by clause analysis from the explanatory note prefacing Te Ture Whenua Māori Bill. read more
Daniels v Canada (Indian Affairs and Northern Development)
Supreme Court of Canada [2016] SCC 12
14 April 2016
The Supreme Court of Canada declared that Métis and non-status Indians are Indians under s. 91(24) of the Constitution Act, 1867. As Indians those people hold the right to be consulted and negotiated with. They also obtain the protection of fiduciary responsibilities owed by the Canadian federal government.
Download Daniels v Canada (Indian Affairs and Northern Development) (PDF 328 KB)
The Ngātiwai Trust Board Deed of Mandate claim
Waitangi Tribunal (Wai 2544, Wai 745, Wai 2337, Wai 156, Wai 2545, Wai 2546, Wai 2548, Wai 2549, Wai 2550, Wai 2557, and Wai 2181, 2016)
2 May 2016
The Waitangi Tribunal will hold an urgent inquiry into claims that the Crown has caused significant and irreversible prejudice to Ngātiwai. The claims are about the Crown recognising a mandate given to the Ngātiwai Trust Board (NTB) to negotiate a settlement of Ngātiwai historical claims against the Crown.
Download Wai 2544 - The Ngātiwai Trust Board Deed of Mandate claim (1.1 MB) read more
Indigenous Intellectual Property: A Handbook of Contemporary Research
Edited by Matthew Rimmer
Edward Elgar Publishing (ISBN 978 1 78195 5895 2015)
Reviewed by Aroha Te Pareake Mead (Ngāti Awa, Ngāti Porou), Chair, IUCN Commission on Environmental, Economic and Social Policy (CEESP)
Second Referendum on the New Zealand Flag
Result announced 30 March 2016
The Electoral Commission released the final results for the second referendum on the New Zealand flag on 30 March 2016. A majority of voters favoured keeping the existing New Zealand flag. Voter turnout was lower overall in Māori than in non-Māori electorates.
Annie O'Connor and Dave Randal from Buddle Findlay review legal developments from 2015 relating to Māori interests in natural resources. read more
The Native Land Court – A Historical Study, Cases and Commentary, (Vol. 2: 1888-1909)
Richard Boast
Thomson Reuters, Wellington, 2015 (xv + 1145 pages, ISBN 978-0-86472-921-7)
Reviewed by Dr Carwyn Jones, Faculty of Law, Victoria University of Wellington. read more
He Kura Whenua Ka Rokohanga - report on claims about reform of Te Ture Whenua Māori Act 1993 (Pre-publication)
Chapter 5 - Ngā Whakakitenga Me Ngā Tūtohinga / Summary of findings and recommendations
Waitangi Tribunal (Wai 2478, 2016)
11 March 2016
The Waitangi Tribunal inquired urgently into claims about the Crown's process of consultation and proposed reforms to Te Ture Whenua Māori Act 1993. The Tribunal has issued its report. In this article Toni Love looks at Chapter 5, which summarises the findings, and make recommendations for the prevention of prejudice to Māori landowners and their whānau, hapū and iwi.
Download He Kura Whenua Ka Rokohanga - report on claims about reform of Te Ture Whenua Māori Act 1993 (Pre-publication). read more
Sir Edward Taihakurei Durie student essay competition 2015
Not One More Acre: Opportunity and Compromise in te Ture Whenua Māori Reform
The Māori Law Review is pleased to publish Monique van Alphen Fyfe's prize winning essay about reform of Te Ture Whenua Māori Act 1993 (the Māori Land Act 1993).
read more
Applications for urgent hearings concerning the Crown’s decision to review and possibly change the New Zealand flag
Waitangi Tribunal (2015, Wai 2534, #2.5.0003)
9 September 2015
The Waitangi Tribunal declined an urgent inquiry into claims about decisions to review and possibly change the New Zealand flag.
Download Applications for urgent hearings concerning the Crown’s decision to review and possibly change the New Zealand flag (668 KB PDF). read more
Te Hunga Roia Māori o Aotearoa, the Māori Law Society Incorporated, was incorporated in 1988. The purposes of Te Hunga Roia Māori include promoting fellowship and mutual support amongst its members, identifying and responding to the legal needs of Te Ao Māori, supporting and encouraging whānau, hapū, iwi, and rohe initiatives, to promote law reform, and to promote the education of its members in terms of tikanga Māori and te ture Pākehā. Over the more than 25 years of Te Hunga Roia Māori’s existence, the hui-a-tau or annual conference has become an important component of the society’s activities that support its central purposes.
Te Hunga Roia Māori held its 2015 annual conference at Waitangi from 3-5 September. The theme of the conference was taken from a whakataukī of the Ngāti Porou leader, Apirana Mahuika, who passed away in February 2015:
E tū ki te kei o te waka, kia pakia koe e ngā ngaru o te wā – Stand at the stern of the canoe and feel the spray of the future biting at your face.
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 organising committee had put together an outstanding programme and in this issue we publish papers from Chief Justice Dame Sian Elias, Dame Lowell Goddard, Justice Joseph Williams, Chief District Court Judge Jan Marie Doogue, Deputy Chief Judge Caren Fox and senior practitioners Annette Sykes and Peter Andrew.
The Māori Law Review is proud to support Te Hunga Roia Māori and to publish a selection of the presentations from the conference.
Hui-a-Tau Conference 2015 - Te Hunga Roia Māori o Aotearoa
Rt Hon Dame Sian Elias, GNZM, Chief Justice of New Zealand
4 September 2015
Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its annual conference at Waitangi in September 2015. 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 the Chief Justice, Dame Sian Elias. read more
Hui-a-Tau Conference 2015 - Te Hunga Roia Māori o Aotearoa
Hon Dame Lowell Goddard
4 September 2015
Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its annual conference at Waitangi in September 2015. 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 Dame Lowell Goddard. read more
Hui-a-Tau Conference 2015 - Te Hunga Roia Māori o Aotearoa
Justice Joseph Williams
5 September 2015
Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its annual conference at Waitangi in September 2015. 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 High Court judge the Hon. Justice Joseph Williams.
Hui-a-Tau Conference 2015 - Te Hunga Roia Māori o Aotearoa
Judge Jan Marie Doogue, Chief District Court Judge
5 September 2015
Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its annual conference at Waitangi in September 2015. 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 the Chief District Court Judge, Her Honour Judge Jan Marie Doogue. read more
Hui-a-Tau Conference 2015 - Te Hunga Roia Māori o Aotearoa
Deputy Chief Judge Caren Fox, Māori Land Court
5 September 2015
Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its annual conference at Waitangi in September 2015. 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 Deputy Chief Judge Caren Fox of the Māori Land Court. It is a shortened adaptation of a paper delivered in 2014 and is reproduced here with the kind permission of New Zealand Law Society Continuing Legal Education Ltd from the Women, the Law, and the Corner Office Conference 2014.
Hui-a-Tau Conference 2015 - Te Hunga Roia Māori o Aotearoa
Annette Sykes
4 September 2015
Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its annual conference at Waitangi in September 2015. 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 barrister and solicitor Annette Sykes. read more
Hui-a-Tau Conference 2015 - Te Hunga Roia Māori o Aotearoa
Peter Andrew, Barrister
5 September 2015
Te Hunga Roia Māori o Aotearoa (the Māori Law Society) held its annual conference at Waitangi in September 2015. 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 Peter Andrew, Barrister. read more
Prendergast: Legal Villain?
Grant Morris
Victoria University Press, Wellington, 2014 (260 pages, ISBN: 9780864739377)
Reviewed by Professor Mark Hickford, Pro-Vice Chancellor and Dean of Law, Faculty of Law, Victoria University of Wellington.