Tikanga Māori and the Law: The Evolving Landscape

Gain a deeper understanding of the principles of Tikanga and the many areas of law in which this is emerging. This programme will take a close look at recent developments relating to Te Tiriti o Waitangi (Treaty of Waitangi), tikanga in environmental and employment law, and recent and important judgements relating to Māori land and IP Law. WEB2310NZA02Z  
Tuesday, 17 October 2023
Chair:

John Kahukiwa, Managing Partner, Corban Revell Lawyers

10.50am to 11.35am Te Tiriti o Waitangi (Treaty of Waitangi): Recent Developments

 

Receive a timely update on the key developments relating to Te Tiriti o Waitangi (Treaty of Waitangi) that you need to know.
Presented by Neuton Lambert, Senior Associate, Wackrow Panoho & Associates

11.35am to 12.20pm Māori Land Law: Recent Judgments

 

  • Kruger v Nikora [2023] NZCA 179: Māori Land Court’s jurisdiction over PSGE Trusts
  • Doney v Adlam [2023] NZHC 363: Enforcement orders and tikanga
  • Moore v Māori Land Court [2023] NZHC 697Judicial review of Māori Land Court decision
  • Bamber v Official Asignee [2023] NZHC 260: Insolvency and tikanga
  • Nicholas v Te Amo [2023] NZCA 22: Determine equitable interests

Presented by Kylee Katipo, Managing Associate, McCaw Lewis

12.20pm to 1.05pm Tikanga Developments in IP Law: Review of the Mānuka Honey Decision

 

  • What implications does this decision have for developments of tikanga in IP law?
  • What should we be looking out for in the future?

Presented by Lynell Tuffery Huria, Tumu Whakahaere - Managing Partner, Kāhui Legal

Description

Attend and earn 4 CPD hours

9.00am to 9.05am Opening Comments by the Chair
9.50am to 10.35am Tikanga me te ao ture taiao: The Place of Tikanga in Environmental Law

 

  • Current approaches
  • Likely impacts of the changing legislative landscape
  • Key/Emerging issue and areas

Presented by Vicki Morrison-Shaw, Barrister

1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
10.35am to 10.50am Morning Tea
9.05am to 9.50am Tikanga and Alternative Dispute Resolution within the Employment Sector

 

  • Mediation and hohou i te rongo
  • Tikanga and employment investigations
  • Ways to include tikanga in office procedures and policies

Presented by Renika Siciliano, Executive Director, McCaw Lewis

Learning Objectives:

 

  • Consider recent Te Tiriti o Waitangi (Treaty of Waitangi) developments
  • Receive valuable insights on where tikanga and environmental law intersect
  • Lean how tikanga is being applied to dispute resolution within the employment sector 
  • Receive a timely update on recent Māori land law judgements
  • Understand where tikanga is emerging in IP law
CASE LAW UPDATE

Presenters


Ms. Vicki Morrison-Shaw, Barrister, Vicki Morrison-Shaw Barrister
Vicki Morrison-Shaw, Environmental Barrister | Rōia Tūtahi Taiao Vicki has broad experience in the environmental, Māori and local government sectors having worked in private practice, in-house and in policy/iwi consultation roles for over 18 years prior to joining the environmental bar in October 2021. Vicki has led Project teams for new developments, advised and represented a wide range of parties in environmental proceedings, and has appeared at all levels of the courts. Vicki is an accredited RMA Hearings Commissioner, and regularly sits as member of hearing panels involving district plan changes, resource and fast track consents. Vicki is a co-author of the original "Māori Values Supplement” for the Making Good Decisions commissioner's training program. Vicki is continuing her Te Reo Māori studies through kura reo and whare wānanga courses.


Mr. Neuton Lambert, Senior Associate, Wackrow Panoho & Associates
Neuton graduated from The University of Auckland with an LLB and was admitted in 2015. He is also a fluent speaker of te reo Māori. He began his legal career as a Barrister at an Auckland based law chambers specialising in Te Tiriti o Waitangi and Māori Legal matters and spent some time working with senior counsel in the District Court. Neuton has acted for individuals, hapū and iwi clients in diverse matters in the Waitangi Tribunal including district inquiries, urgent inquiries, and kaupapa inquiries. Neuton joined Wackrow Williams & Davies in 2018 and has been able to broaden his expertise into areas of practice such as employment law, relationship property and estate matters as well as advising Māori Land Trusts and Incorporations. Now a part of the senior legal team at Wackrow Panoho & Associates, Neuton enjoys his mahi and mentoring new lawyers who have a passion for the law. In 2023, Neuton was appointed to the board for ACART (Advisory Committee on Assisted Reproductive Technology), a role that he will hold for the next three years.


Kylee Katipo, Managing Associate, McCaw Lewis
Kylee joined McCaw Lewis in 2018 and was appointed to the role of Managing Associate in 2021. She has extensive experience in Māori Land and Te Tiriti o Waitangi matters and providing legal and strategic advice to Ahu Trusts, Māori Incorporations, Whānau Trusts and Beneficial Owners of Māori Land across Aotearoa. Kylee believes in working collaboratively with clients, in a tikanga focused approach, to promote practical solutions and resolve disputes. Kylee has significant court experience and has represented clients in the Māori Appellate Court, Māori Land Court and Waitangi Tribunal. She has worked closely with Iwi groups, Māori Incorporations and Māori Trusts on significant projects and developments including commercial and property related areas involving Māori land and Marae Governance. Kylee has served as Secretary for Te Hunga Roia Māori o Aotearoa and is currently the Waikato co-representative for Te Hunga Roia Māori o Aotearoa. Kylee is actively involved in competitions at Te Piringa Faculty of Law at The University of Waikato.


Lynell Tuffery Huria, Tumu Whakahaere - Managing Partner, Kāhui Legal
Ko Taranaki te maunga, ko Tangahoe ko Waingongoro ngā awa, ko Aotea te waka, ko Ngāti Ruanui, ko Ngāruahine ngā iwi. For over 30 years, Lynell has specialised in all aspects of trade mark protection, management and enforcement. She has acted for a diverse range of clients around the globe, including sole traders, start-ups, whānau, hapū, and iwi organisations in New Zealand, and multinational companies across North America, South America and Asia. Lynell is regarded as one of New Zealand’s leading experts on indigenous intellectual property (IP) law in New Zealand and the Pacific. She specialises in advising Māori organisations on IP issues and is passionate about helping Māori navigate the IP system. In her experience, IP is seen as expensive and not in alignment with Te Ao Māori. She is committed to bridging the two world views. She is the immediate past chair of the Indigenous Rights Committee for the International Trademark Association. In 2018, she was a member of the organising team for the first Ngā Taonga Tuku Iho conference. Lynell has also written advice for Māori on the Plant Variety Rights Act review and is co-author of the paper entitled Māori Interests and Geographical Indicators – Strategic Intellectual Property Management enabling Māori whānau development. Lynell is also an experienced board member, having served in a number of governance positions.


Ms. Renika Siciliano, Executive Director, McCaw Lewis
Renika leads the firm's exceptional and passionate lawyers in the Te Tiriti o Waitangi and workplace law areas. Renika provides legal and strategic advice to clients across Aotearoa and has extensive experience in matters relating to Te Tiriti o Waitangi, Treaty settlement negotiations, Māori governance and iwi disputes. She also has a wealth of knowledge in workplace law, advising on various employment matters for both employers and employees. Renika has experience across various Courts and forums including representing Ngāi Tai ki Tāmaki in relation to the Supreme Court’s landmark decision Ngāi Tai ki Tāmaki Tribal Trust v Minister of Conservation. She has worked with clients in some of the first substantive matters to be heard under the Marine and Coastal Area (Takutai Moana) Act.


Mr. John Kahukiwa, Managing Partner, Corban Revell Lawyers
John has over twenty years experience in commercial and public law, representing clients in the District and High courts, Māori Appellate Court, Court of Appeal, Supreme Court, at hui and in the boardroom. He has considerable insight into issues affecting Māori, their needs for economic development and the ability to protect and honour their identity and heritage. He specialises in advising iwi and hapu on commercial settlement agreements, Tiriti O Waitangi claims and the structuring of the collective interest to synthesise traditional decision making with commercial imperatives. John’s extensive experience in creating organisational structures that best serve the needs of clients comes from his depth of knowledge in Common law trusts, Charitable trusts, Company structures, Partnerships, Limited partnerships, Incorporated Societies, Te Ture Whenua Māori Act trusts Waitangi Settlement Negotiation. As managing partner John is focused on leading the firm to empower people through expert use of the law. His knowledge and competence in te reo me ona tīkanga Māori enable him to be highly effective in any legal jurisdiction including Te Ao Māori. John’s iwi include: Ngāti Whakaue, Tuhoe, Te Aitanga a Māhaki, Rongowhakaata, Te Whānau a Apanui and Ngāti Porou.John has also been the director of a number of boards including the Ngāti Whakaue Tribal Tru st, Poutama Trust ND Life Education Trust

WEB2310NZA02Z

Tikanga Māori and the Law: The Evolving Landscape

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Tuesday, 17 October 2023
9.00am to 1.15pm New Zealand
CPD Hours 4
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