New Zealand Case Law: Decisions & Judgments

Topic

Whakapapa

Legal area

Court

14 Feb 2023

C’S FATHER v CHIEF EXECUTIVE OF ORANGA TAMARIKI – MINISTRY FOR CHILDREN [2023] NZHC 184

Citation

[2023] NZHC 184
Court

High Court

For the purposes of s 7AA, "Māori children" includes children of Māori descent (biological/genealogical whakapapa) irrespective of a guardian's chosen ethnic identification; the Chief Executive and Oranga Tamariki were entitled to identify C as a Māori child and to engage placement policy accordingly; the classification decision is reviewable but was lawful on the facts.
27 Oct 2022

WAITOMO PAPAKĀINGA DEVELOPMENT SOCIETY INC v TE KŌTI WHĀNAU KI KAITAIA (FAMILY COURT AT KAITAIA) [2022] NZHC 2792

Citation

[2022] NZHC 2792
Court

High Court

The Family Court's directions were unlawful and quashed: the Court made directions without giving Waitomo a proper opportunity to be heard, failed to take into account mandatory tikanga and Treaty-based partnership considerations relevant to s 396 providers and kaitiaki whānau, and misdirected itself about the respective roles of lawyer for child, Oranga Tamariki and a s 396 provider; lawyer for child must meet the child and report views but was not shown to require a home visit or contact with caregivers where the child is in day-to-day care of a s 396 provider that assesses and monitors car…
19 Oct 2022

POUTAMA KAITIAKI CHARITABLE TRUST v HERITAGE NEW ZEALAND POUHERE TAONGA [2022] NZHC 2713

Citation

[2022] NZHC 2713
Court

High Court

The Environment Court applied the correct legal tests and precedents, its factual finding that Poutama lack the requisite whakapapa connection and customary authority was reasonably open on the evidence (including concessions by witnesses and lack of corroboration), therefore Poutama are not tangata whenua or directly affected for s58 purposes and the appeal fails as a matter of law.
26 Feb 2021

NGAWAKA v NGĀTI REHUA-NGĀTIWAI KI AOTEA TRUST BOARD [2021] NZHC 291 [26 February 2021]

Citation

[2021] 2 NZLR 1
Court

High Court

An external arbitration determining whakapapa of members of Ngāti Rehua-Ngātiwai ki Aotea, conducted by an arbitrator lacking a strong connection to the hapū and deep understanding of its tikanga, is inconsistent with tikanga Ngāti Rehua-Ngātiwai ki Aotea and prior court orders; continuation would amount to an abuse of the court's process and the disputes over whakapapa are not arbitrable under s 10 Arbitration Act 1996 in these circumstances, so the agreement to arbitrate those issues is null and void; the proper course is to allow the kaumātua validation process to continue and, if necessar…
29 May 2018

MOTAIREHE WHANGA TE URI O RANGIHOKAIA KO NGĀTIWAI KI AOTEA INCORPORATED v NICOLA MACDONALD AND KRIS MACDONALD AS TRUSTEES OF THE NGĀTI REHUA - NGĀTIWAI KI AOTEA TRUST BOARD [2018] NZHC 1231

Citation

[2018] NZHC 1231
Court

High Court

The statement of claim was struck out because the declarations sought relate to the Treaty settlement negotiation and pre-legislative process and are non-justiciable; the Court will not grant declarations that would intrude into executive or parliamentary functions, and the interlocutory preservation orders cannot be made because no settlement funds have been paid and the defendants are not the intended recipients.
3 Aug 2012

LEN RIKIRANGI KAMETA, DUKE POIHIPI AND ROBINA THOMPSON V PHYLLIS RANGI NICHOLAS, JANE TIWHA, ANDRE NICHOLAS, CHARMAINE NICHOLAS, MARSHALL NICHOLAS, BRUCE NICHOLAS AND THE CHILDREN OF NESSIE ANGELINA NICHOLAS COA CA595/2010

Citation

COA CA595/2010
Court

Court of Appeal

Section 108(2)(c) is to be read conjunctively so that proof of being 'related by blood' is informed by membership of the hapū associated with the land; whakapapa connections, even if remote, can satisfy the blood requirement where they demonstrate an associational relationship within the hapū that once held collective ownership of the land; the Māori Appellate Court's factual findings and tikanga expertise were entitled to respect; no reservation of the will interpretation was established and the Appellate Court's vesting orders stand.

New Zealand Case Law

C’S FATHER v CHIEF EXECUTIVE OF ORANGA TAMARIKI – MINISTRY FOR CHILDREN [2023] NZHC 184

WAITOMO PAPAKĀINGA DEVELOPMENT SOCIETY INC v TE KŌTI WHĀNAU KI KAITAIA (FAMILY COURT AT KAITAIA) [2022] NZHC 2792

POUTAMA KAITIAKI CHARITABLE TRUST v HERITAGE NEW ZEALAND POUHERE TAONGA [2022] NZHC 2713

NGAWAKA v NGĀTI REHUA-NGĀTIWAI KI AOTEA TRUST BOARD [2021] NZHC 291 [26 February 2021]

MOTAIREHE WHANGA TE URI O RANGIHOKAIA KO NGĀTIWAI KI AOTEA INCORPORATED v NICOLA MACDONALD AND KRIS MACDONALD AS TRUSTEES OF THE NGĀTI REHUA - NGĀTIWAI KI AOTEA TRUST BOARD [2018] NZHC 1231

LEN RIKIRANGI KAMETA, DUKE POIHIPI AND ROBINA THOMPSON V PHYLLIS RANGI NICHOLAS, JANE TIWHA, ANDRE NICHOLAS, CHARMAINE NICHOLAS, MARSHALL NICHOLAS, BRUCE NICHOLAS AND THE CHILDREN OF NESSIE ANGELINA NICHOLAS COA CA595/2010