Ngāpuhi Mandate Inquiry Report
Waitangi Tribunal (Wai 2490, 2015)
4 September 2015
The Waitangi Tribunal has upheld claims that the Crown breached the principles of the Treaty of Waitangi in recognising the mandate of a negotiating body, Tūhoronuku, to enter settlement negotiations with the Crown about historical claims on behalf of all members of Ngāpuhi.
Download the pre-publication version of the Ngāpuhi Mandate Inquiry Report. read more
Justine Inns, partner at Ocean Law, reviews Māori involvement in the seafood sector. read more
Māmari Stephens, senior lecturer in law at Victoria University of Wellington and a consultant editor to the Māori Law Review, reviews developments over the last year in welfare law affecting Māori. read more
Huata-Kupa v Tataraakina C Trust - Tataraakina C Trust
Māori Land Court (2015) 40 Tākitimu MB 207 (40 TKT 207)
29 May 2015
Costs claimed were excessive. The applicant received a reduced amount subject to findings in substantive proceedings.
Download Huata-Kupa v Tataraakina C Trust - Tataraakina C Trust (258 KB PDF) here. read more
The Government has released an exposure draft Te Ture Whenua Māori Bill in order to engage in consultation on its proposed reforms to the law relating to Māori land.
Download the exposure draft Te Ture Whenua Māori Bill (Haratua 2015) and the Government's consultation proposals about the law reform. read more
Hamilton Health Sciences Corporation v DH
Ontario Court of Justice, Canada 2014 ONCJ 603
14 November 2014
Hamilton Health Sciences Corporation v DH
Ontario Court of Justice, Canada 2015 ONCJ 229
24 April 2015 (endorsement)
This case involved a child protection application made by the applicant hospital. The hospital's application arose from an aboriginal mother’s refusal to treat her daughter’s cancer with chemotherapy; instead, the mother wanted to use traditional medicine. The Court decided that it was the mother’s aboriginal right, as the child’s substitute decision maker, to use traditional forms of medicine. Subsequent to the Court’s 2014 judgment the family decided to utilise both traditional and Western medicine and the 2014 decision was amended by the Court after a further application by the parties.
Download Hamilton Health Sciences Corp v DH (2014) and Hamilton Health Sciences Corp v DH (2015). read more
Overview
Are We There Yet? The Future of the Treaty of Waitangi
Gareth Morgan and Susan Guthrie
Phantom House Books 2015 (ISBN0987666681)
Reviewed by Max Harris, Examination Fellow, All Souls College, Oxford. read more
Max Harris wrote a review of Are We There Yet? The Future of the Treaty of Waitangi by Gareth Morgan and Susan Guthrie (Phantom House Books 2015).
Gareth Morgan and Susan Guthrie have written an article for the Māori Law Review in response to that review. They explain why they contend that New Zealand needs to move beyond a legalistic approach to applying the Treaty of Waitangi. read more
Max Harris wrote a review of Are We There Yet? The Future of the Treaty of Waitangi by Gareth Morgan and Susan Guthrie (Phantom House Books 2015). Gareth Morgan and Susan Guthrie have written an article for the Māori Law Review in response to that review in order to explain why they contend that New Zealand needs to move beyond a legalistic approach to applying the Treaty of Waitangi.
Here, Max Harris provides his brief response to the main points advanced by Morgan and Guthrie.
read more
Thaddeus Ryan and Annie O'Connor from Buddle Findlay’s environment and Māori law team review natural resource management law affecting Māori in 2014. read more
The Minister for Māori Development has appointed an advisory group to help to progress law reform of the governance and management of Māori land.
Alan Dudley Ward, Professor Emeritus of the University of Newcastle in New South Wales, passed away in December 2014 after a brief illness. His career as a historian spanned half a century, in the course of which, among his many other achievements, he made major contributions to the Treaty settlement process in New Zealand. read more
Sir Edward Taihakurei Durie student essay competition 2014
Not giving ground: Patricia Grace’s successful opposition to compulsory acquisition of her ancestral land
The Māori Law Review is pleased to publish Anna Brenstrum's prize winning essay on the dispute between Patricia Grace and the New Zealand Transport Agency (NZTA) over the compulsory acquisition of her ancestral land. read more
Chesterfield & Brent
Federal Circuit Court of Australia [2014] FCCA 787
30 April 2014
Successful application by a father in the Federal Circuit Court of Australia preventing the mother from relocating with their children from Victoria to Western Australia. The Court considered, amongst other factors, that the children’s ties and involvement with their aboriginal community in Victoria were of “real significance”.
Download Chesterfield & Brent here (244KB PDF). read more
This table lists the 2014 judgments of the Māori Appellate Court and contains links to reports about the decisions.
For other years: 2010, 2011, 2012, 2013, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023. For the 2014 Māori Land Court judgments index.
read more
This table lists the 2014 judgments of the Māori Land Court and contains links to reports about the decisions.
For other years: 2010, 2011, 2012, 2013, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023. For the 2014 Māori Appellate Court judgments index. read more
Whaia te Mana Motuhake / In Pursuit of Mana Motuhake: Report on the Māori Community Development Act Claim
Waitangi Tribunal (Wai 2417, 2014)
5 December 2014 (pre-publication version)
The Waitangi Tribunal has released its report into the Crown’s review of the Māori Community Development Act 1962 and the role of Māori Wardens. The Tribunal has found that the review processes breached the principles of the Treaty of Waitangi.
Download Whaia te Mana Motuhake / In Pursuit of Mana Motuhake: Report on the Māori Community Development Act Claim (PDF, 3.18MB) here. read more
Indigenous Peoples’ Good Governance, Human Rights and Self-Determination in the Second Decade of the New Millennium – A Māori Perspective
The United Nations Permanent Forum on Indigenous Issues, Thirteenth Session on Good Governance and Human Rights, New York, 12-23 May 2014
Address by Dr Robert Joseph[1] of Te Mata Hautū Taketake – the Māori and Indigenous Governance Centre, University of Waikato, New Zealand read more
The Electoral Commission released on 4 October the final results of the 20 September 2014 general election. read more
New Zealand Māori Council & Ors v Foulkes & Ors
High Court - Te Kōti Matua o Aotearoa
[2014] NZHC 2757
6 November 2014
The High Court appointed two new Māori trustees and four alternate Māori trustees to the Crown Forestry Rental Trust after lengthy litigation as to the Trust’s administration, and the trustees’ powers and duties.
Download New Zealand Māori Council & Ors v Foulkes & Ors here (438 KB PDF). read more
He Whakaputanga me te Tiriti: the Declaration and the Treaty
Waitangi Tribunal (2014, Wai 1040)
The Waitangi Tribunal has released its report He Whakaputanga me te Tiriti: the Declaration and the Treaty about the meaning of the Treaty of Waitangi in February 1840 when it was first signed. The Tribunal's report has been made as the first stage of its inquiry into claims made in its Te Paparahi o te Raki (the great land of the north) district inquiry.
Download He Whakaputanga me te Tiriti: the Declaration and the Treaty here.
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He Whakaputanga me te Tiriti: the Declaration and the Treaty
Waitangi Tribunal (Wai 1040, 2014)
Professor David V Williams looks at the Waitangi Tribunal's report about the meaning of the Treaty of Waitangi in February 1840 when it was first signed: He Whakaputanga me te Tiriti: the Declaration and the Treaty.
Download He Whakaputanga me te Tiriti: the Declaration and the Treaty here. read more
His Hon Judge Heemi Taumaunu
Ngāti Pōrou, Ngāi Tahu
Hoani Waititi Rangatahi Court Judge - Waitākere [1]
In September 2014 Judge Heemi Taumaunu delivered a seminar for the Māori Law Review’s Indigenous Law Speaker Series on key factors in the successful operation of the Rangatahi Courts. Judge Taumaunu presided over the first marae-based youth court, Te Kooti Rangatahi, in Gisborne in 2008. Since 2008, eleven other Rangatahi Courts have been launched around the country. The objective of these courts is to reduce reoffending by Māori youth and to provide the best possible rehabilitative response, by encouraging strong cultural links and meaningful involvement of whānau, hapū and iwi in the youth justice process. Judge Taumaunu is the National Rangatahi Courts Liaison Judge. read more
Dr Vincent O'Malley provides a concise historical background of events lying behind the Tūhoe-Crown settlement. read more
Professor Rawinia Higgins describes the building of new governance arrangements for Tūhoe along with the journey that saw the construction of a new house for Tūhoe. read more
