Te Ture Whenua Māori (Succession, Dispute Resolution and Related Matters) Amendment Bill introduces key changes to provisions in the Te Ture Whenua Māori Act 1993 on how the Māori Land Court deals with property rights. This week we examine the proposed amendments to these rights which are aimed at making the Māori Land Court more “user friendly”.

The Te Ture Whenua Māori (Succession, Dispute Resolution and Related Matters) Amendment Bill proposes a number of amendments to Māori trusts and incorporations designed to simplify the Māori Land Court process for uncontested matters. This week we examine the substance of those amendments and the practical effects of the proposed amendments.

Whatungarongaro te tangata toitū te whenua

The Government has recently introduced Te Ture Whenua Māori (Succession, Dispute Resolution and Related Matters) Amendment Bill.  The Bill introduces a number of practical and technical amendments to Te Ture Whenua Māori Act 1993 designed to enable Māori land to work better for whānau.  The purpose of the Bill is to ensure the intergenerational wellbeing of Māori landowners and to provide for the utilisation of their whenua. 

A licence to occupy provides an option for beneficial owners of Māori freehold land and their whānau to utilise their whenua as a site for housing. In this article we discuss what a license to occupy is, the rights of the license holder and the underlying owners and how to apply for a license to occupy Māori freehold land.

A recent High Court case confirming that settlors of family trusts are free to dispose of property as they see fit and, as the law currently stands, do not owe fiduciary duties to their adult children who are not beneficiaries. However, recent comments by Associate Judge Johnston and the Law Commission signal the need for Parliamentary reform in this area.

The Health sector has been subject to multiple reviews this year in Aotearoa – a Government Inquiry into Mental Health and Addiction, a Waitangi Tribunal Inquiry into Health Services and Outcomes, and now the Māori Affairs Committee are looking into health inequities for Māori.

The Government recently announced its Wellbeing Budget for 2019 and confirmed the growing mental health crisis in New Zealand. The importance of this issue and how we can support those affected is an ongoing conversation that has become very relevant in the workplace. A holistic approach underpinned by manaakitanga (caring for others) that focuses on proactive prevention and fair responses will go a long way to improve workplace wellness.

The High Court’s decision in Partners Finance and Lease Limited v Richmond [2019] NZHC 34 serves as a timely reminder to ensure that your registrations on the Personal Property Securities Register are accurate. Companies and other entities that lease or provide goods and services to customers on consignment or deferred payment arrangements, in particular, should take note.

Earlier this year, Minister Nanaia Mahuta announced the Government’s Whenua Māori Programme to address the complex and challenging regulatory environment that Māori freehold landowners deal with. The Government has committed $56.1 million over four years to address this.

A recent costs judgment in the High Court undertook an analysis of Rule 14.7(e) of the High Court Rules 2016 which allows the Court to refuse to make an order for costs if the matter is not the public interest. Justice Whata held that this rule does not apply where a dispute is based primarily upon competing claims by two iwi to the same land.

Further to our earlier pānui in March, a raft of further changes to the Employment Relations Act 2000 come into effect from 6 May 2019.

If you do not have Enduring Powers of Attorney in place and you lose your mental capacity, someone would need to make an application under the Protection of Personal and Property Rights Act 1988 to the Family Court in order to make certain decisions for you. This article outlines three of the most common applications that are required when a person loses their capacity without Enduring Powers of Attorney in place.

As of 1 April 2019 employers need to be aware of several changes to minimum employment standards.

The recent Enterprise Miramar Peninsula Incorporated v Wellington City Council [2018] NZCA 541 provides important commentary on how Councils should approach Qualifying Development Resource Consent applications – that is, on how section 34 of the Housing Accords and Special Housing Areas Act 2013 should be interpreted - and on bias in local authority decisions.

Prime Minister Jacinda Ardern has announced the allocation of $100 million from the Government’s Provincial Growth Fund to support Māori economic development. The allocation is intended to help build prosperity for Māori and to help unlock the economic potential of Māori in the regions.