Reflections after nearly 20 years as a Māori Land Court
01 Nov 2013 | NewsHe discusses the changes and facts over this time.
He discusses the changes and facts over this time.
Furthermore, as per the second recommendation, the Panel in fact agrees that these safeguards should remain.
Documents/Judges-corner-articles/MLC-2014-Jun-Judges-Corner-Ambler-J.pdf (191 kb)
I have experienced those difficulties notwithstanding the fact that I was a practising lawyer and familiar with the workings of Te Ture Whenua Māori Act.
When a lawyer is appointed and engaged pursuant to ss 70(3), 98(3) and 98(9)(c) of the Act, as soon as reasonably practicable they must give written notice of that fact to every other party to the proceedings. 28.
Documents/Practice-notes/2023.10.17-MLC-Special-Aid-Practice-Note-FINAL.pdf (367 kb)
However, judges retain discretion over how they use its standard documents and templates and tailor them to the specific facts and legal issues of each case. Te Puna Manawa Whenua was developed by an editing committee of judges from the Court.
These are guides only and often need to be tailored appropriately to the facts and legal issues of the particular case. Māori Land Court judges have discretion to use these standard documents and templates, with or without amendment.
Until such an application is made there is no guarantee as to how the Court would view the matter and the success of any such application would depend on its own facts. Without doubt the Court would require clear and compelling evidence of any health needs, and persuasive submissions as to how the provisions should be interpreted.
It also points to the fact that with such mana, Māori people are imbued with the eternal right to live under their own mana and hence determine their own way of life as they themselves see fit to choose54.
Documents/Judges-corner-articles/JWI-ACPECT-Presentation-2022.pdf (540 kb)
What must also be borne in mind, however, is that ever since the whole concept of individualisation was originally imposed over Maori concepts of ownership, the necessary resourcing to keep lists of owners up to date has generally been inadequate. Added to that fact is the reality according to modern demographers that a large percentage of the Māori population is on the move.
My final message today relates to the fact that today is Pink Shirt Day. A day when we show our support for speaking up, and standing together, to stop bullying.