On 14 December 2022, the Māori Land Court issued its first fully bilingual judgment in both te reo Māori and English.
The judgment concerns an application made by Donna Pokere Phillips and the late James Phillips and involves whenua at Ōuri 1A3, and specifically the Whare on that whenua. The respondents are the trustees of the Hanataua Ahu Whenua Trust.
The matter was heard in the Aotea Māori Land Court, by Judge A H C Warren and Dr Ruakere Hond, in Whanganui on 1 and 2 September 2022 in both languages and with the aid of a te reo Māori interpreter.
The appointment of Dr Ruakere Hond as a Pūkenga to assist the court, under s 32A of Te Ture Whenua Māori Act 1993, provided the level of care required in the matter and one the Court is extremely grateful for.
The Court agreed to a request by the applicants to appear, correspond, and be heard on the matter in te reo Māori.
Court staff mobilised the necessary expertise to meet the needs of applicants and respondents.
A key feature of the proceedings was the duties of trustees under tikanga. The treatment of this approach allowed tikanga to speak in its own context and not to be exclusively defined by a western legal construct.
The Court has attempted to continue its approach to be mindful and considerate in these proceedings by concluding the judgment with an invitation to wānanga.
That invitation is not made by an order of the Court but by the hope for parties to move forward and strengthen the relationships and kinship ties of the whānau involved.
This judgment is a significant milestone in the Māori Land Court and for Māori landowners. As the first fully bilingual judgment issued in its history, it signals the enhancement of te reo Māori in the Court.
This, at a time when the nation is celebrating the 50th year of the anniversary of the Māori language petition, the 40th anniversary of te kohanga reo and the 35th anniversary of te reo Māori becoming an official language of Aotearoa New Zealand.
The conduct of these proceedings would not have been possible without the foresight and commitment of landowners and the growing desire to have the status and role of te reo Māori recognised and living in all aspects of day-to-day life, including the Māori Land Court.