Te Tira Hau Ture (Maori Legal Services) Blog

A recent High Court decision1 has strengthened the body of caselaw which upholds tikanga as a unique source of law.

Trustees perform a crucial role in the administration and management of Māori land. Trustees of a Māori Land Trust have many important duties and responsibilities to fulfil and must comply with the provisions of Te Ture Whenua Māori Act 1993 and the Trusts Act 2019 (formerly, the Trustee Act 1956).

Are you a trustee of a Māori land trust? Are you a committee or management member of a Māori incorporation or a governor of another entity subject to Te Ture Whenua Māori Act 1993? Have you considered applying to Inland Revenue Department to be treated as a Māori authority for tax purposes?

On the 6th of April, the Whenua Māori Rating Amendment Bill passed its third reading which aims to reduce the barriers for Māori landowners who wish to better utilise and develop their whenua, particularly for those who have rates arrears.

Yesterday, the Supreme Court of New Zealand announced the Peter Ellis appeal against his charges can continue after his death. This statement from our highest court will build on the conversations happening in our legal system about the status and infusion of tikanga Māori within our law.

While our courts and justice systems in Aotearoa is considered an essential service there has been some disruption to everyday court practices. The Chief Judge of the Māori Land Court has recently issued a Level 4 protocol document in relation to Māori Land Court proceedings. They Include:

Historic rates arrears on Māori land has been a barrier for landowners to develop their land. The upcoming changes will mean that local authority chief executives will have the ability to write-off rates arrears on Māori and non-Māori land if the rates are deemed to be unrecoverable.

Public submissions are now closed for Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Bill. If you would like to have your say, share your personal experiences about managing your whenua or comment on any of the proposed changes you have until Tuesday 26 November 2019 to file your submission.

Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Bill was introduced to Parliament on 19 September 2019, which could soon see the most significant changes to Māori land law in over 20 years.

In September 2018, the Supreme Court addressed the issue of overlapping historical Treaty claims in the landmark case of Ngāti Whātua Ōrakei Trust v Attorney General [2018] NZSC 84.