Rainey Collins Lawyers

Wai 1040 – Te Paparahi o Te Raki (Northland) Inquiry

Wednesday, 23 March, 2011 | Peter Johnston

Last year was a momentous year for Wai 1040 Claimants and Ngapuhi generally, with Te Paparahi o Te Raki Hearings beginning in Northland.  This Inquiry is presided over by Judge Coxhead and encompasses nearly 300 individual Wai Claims.

The Initial (Stage One) Hearings were focused solely on He Wakaputanga, the Declaration of Independence, Te Tiriti o Waitangi and the Treaty of Waitangi.  These matters have never before been fully… Continue reading

The Maori Purposes Bill

Friday, 25 February, 2011 | Jo-Ella Sarich

Public submissions are currently being sought on the Maori Purposes Bill which amends various Acts, including the Maori Trust Boards Act 1955 and the Maori Fisheries Act 2004.

The amendments to the Maori Trust Boards Act 1955 are intended to make Maori Trust Boards more directly accountable to their beneficiaries, rather than to the Minister of Maori Affairs. 

The amendments to the Maori Fisheries Act 2004 are particularly… Continue reading

The Maori Purposes Bill and changes to the Maori Trust Boards Act 1955

Friday, 25 February, 2011 | Jo-Ella Sarich

Public submissions are currently being sought on the Maori Purposes Bill which amends various Acts relating to Maori affairs, including the Maori Trust Boards Act 1955. 

The Current Situation

Currently, Maori Trust Boards are accountable to the Minister of Maori Affairs for their financial arrangements.  They are required to:

• Have their financial statements audited by the Auditor-General;
• Receive their audited accounts from the Auditor-General via

The Maori Purposes Bill and changes to the Maori Fisheries Act 2004

Friday, 25 February, 2011 | Olivia Porter

Public submissions are currently being sought on the Maori Purposes Bill which amends various Acts, including the Maori Fisheries Act 2004. These changes are particularly relevant for iwi that:

• Have Mandated Iwi Organisations (“MIO”) holding the iwi fisheries settlement assets; and
• Are looking to settle their Treaty claims with the Crown in the near or not-so-near future.

Iwi can find MIOs a complicating factor when the… Continue reading

Waitangi Tribunal Report Released for Tauranga Moana

Thursday, 21 October, 2010 | Peter Johnston

The Waitangi Tribunal has released its report entitled Tauranga Moana, 1886 – 2006: Report on the Post Raupatu Claims.  The Report covers stage 2 of the Tauranga inquiry, which focuses on the significant amount of land loss to iwi and hapu between 1886 and 2006.

The Waitangi Tribunal has recognised breaches by the Crown in a number of areas, including:

• The acquisition of land through Crown purchases

Taihape and Porirua ki Manawatu Inquiry Districts Underway

Thursday, 26 August, 2010 | Peter Johnston

Recent developments have been made by the Waitangi Tribunal in the Taihape and Porirua ki Manawatu Inquiry Districts, two of the final areas to begin investigation as part of the Treaty of Waitangi settlement process.

Chief Judge Wilson Isaac and Deputy Chief Judge Caren Fox have been appointed as Presiding Officers for Taihape and Porirua ki Manawatu respectively.  Professor Pou Temara is the first of the Tribunal members to… Continue reading

Rainey Collins Partner Chairs Maori Business Networking Event

Thursday, 22 July, 2010 | Peter Johnston

Rainey Collins Partner Peter Johnston was delighted to chair a Maori Business networking event in Wellington recently.  The event held by Te Awe Wellington Maori Business Network in conjunction with the Wellington City Council brought together members of the Wellington Maori business community.

The theme for the evening was “Manaakitanga” (hospitality, kindness) and attendees were encouraged to network with each other and discuss ways in which they could help… Continue reading

New Foreshore and Seabed Law to Recognise Maori Customary Title

Tuesday, 13 July, 2010 | Peter Johnston

The Government has announced that new legislation in relation to the foreshore and seabed will be introduced in August 2010. 

Crown-ownership of the foreshore and seabed will be removed and replaced with a “non-ownership model”. 

Customary Interests

The legislation will recognise three types of customary interests:

1. Universal recognition/mana tuku iho;
2. Customary rights; and
3. Customary title.

Mana Tuku Iho

Mana tuku iho… Continue reading

Protecting Your Culturally-Inspired Branding

Monday, 5 July, 2010 | James Johnston

Tamati was in business but had a creative bent and so set about designing his own brand.  After approaching a respected elder from his whanau, he incorporated a traditional Maori design into his branding.  He also wanted to give his business a Maori name and so used a Maori word.  Having spent time and money developing his brand Tamati wanted to make sure it was protected.  He wanted to protect… Continue reading

High Court Warning to Councils: Council Must Consult with Tangata Whenua

Monday, 28 June, 2010 | Peter Johnston

Waikato-Tainui (Tainui) has succeeded in an application for judicial review against the Hamilton City Council (the Council).
Judicial review was sought by Tainui following a decision by the Council not to consult with Tainui prior to publically notifying a variation to a district plan.

In his decision, High Court Judge Allan found that the Council was required to consult with Tainui:

1. partly by way of recognition of

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