Working with Maori: The Legal Landscape
Māori legal issues are engrained in several facets of law, and many businesses, public entities and individuals need to understand these issues if they want to operate effectively. Hear from experts working at the forefront of Māori development as they examine the most topical issues, including the Crown and Māori relations, recent land decisions, alternatives to resolving inter and intra Māori disputes and Māori business structuring. WEB212NZW03
Description
Attend and earn 3 CPD hours
Chair: Rachael Brown, Partner, Bell Gully
9.30am to 9.35am Opening Comments by the Chair
9.35am to 10.20am Māori-Crown Relations: A Fast-changing Legal Landscape
- Recent Court decisions relating to tikanga and the Treaty of Waitangi
- Legislative and policy reform affecting Māori: challenges and opportunities in 2021 and beyond
- Māori rights and interests under the first 100 days of the new Government
Presented by Jamie Ferguson, Partner, Kāhui Legal
10.20am to 11.05am Māori Land Law: The Latest Decisions and Challenges
Take a look at recent disputes and challenges with Māori land.
Presented by Nathan Milner, Senior Associate, Kāhui Legal
11.05am to 11.15am Break
11.15am to 12.00pm Alternatives to Resolving Inter and Intra Māori Disputes
- New mediation provisions in Te Ture Whenua Māori Act
- The differences and similarities between professional dispute resolution and Māori dispute resolution
- The need to develop bespoke tikanga based alternative dispute resolution model/models
Presented by Aidan Warren, Director, McCaw Lewis
12.00pm to 12.45pm Business Structuring: Advising Māori Businesses and Entrepreneurs
- Complexity of legal structures
- Rules, roles and responsibilities
- Responding to the problems and suggesting solutions
Presented by Te Aopare Dewes, Partner, Chapman Tripp
Learning Objectives:
- Reflect on Māori-Crown relations and the challenges and opportunities in 2021 and beyond
- Stay up to date with the latest Māori land disputes and challenges
- Consider the alternatives to resolving inter and intra Māori disputes
- Gain insight into the complexities of structuring Māori businesses
Presenters
Rachael Brown, Partner, Bell Gully
Rachael Brown is a partner in the Wellington office of Bell Gully. Throughout her career she has acted for a number of Iwi and Māori organisations on matters such as settlement negotiations with the Crown, challenges to mandates and post settlement issues, and has represented Māori clients in both the Waitangi Tribunal and the Courts. This includes having acted for Te Rūnanga o Ngāi Tahu in the first application under the Marine and Coastal Area (Takutai Moana) Act 2011 to be determined by the High Court. Rachael has also advised several non-Māori entities, including Government Departments and Crown entities, on issues relating to their obligations to Māori.
Jamie Ferguson, Partner, Kāhui Legal
Jamie Ferguson is a co-founding partner in the specialist Māori legal service firm, Kāhui Legal. He has been in private practice for 30 years and has particular expertise and experience in Treaty settlement negotiations, environmental law, public law and litigation. Jamie was senior counsel in the Supreme Court in the Takamore proceedings (concerning the recognition of the tikanga relating to tūpāpaku within New Zealand’s common law) and the Ngāi Tai ki Tāmaki proceedings (concerning the Crown’s obligations under s4 of the Conservation Act). Jamie has been involved in the negotiation and implementation of a number of Treaty settlements, including both the Waikato River and Te Awa Tupua (Whanganui River) settlements, and he specialises in issues concerning water, fisheries and other natural resources.
Nathan Milner, Senior Associate, Kāhui Legal
Nathan Milner joined Kāhui Legal from a large national law firm in 2006. Nathan presently represents clients in both the Waitangi Tribunal and Māori Land Court and he has been appointed as counsel by the Court in several Māori Land Court and Māori Appellate Court cases. He has also been extensively involved in the Ngāti Porou foreshore and seabed negotiations as well as a number of other Treaty of Waitangi settlement and natural resource-related negotiation with the Crown. Nathan has also advised clients in relation to legislative and regulatory reform in relation to a range of issues.
Aidan Warren, Director, McCaw Lewis
Aidan leads the Māori Legal Team at McCaw Lewis. Aidan acts for a number of Māori groups across the country on a wide range of legal issues affecting whānau, hapū and iwi. Aidan is an accredited Mediator and a member of AMINZ and LEADR, and is also a member of the Rotary Club of Apia and a long standing member of Te Hunga Rōia Māori o Aotearoa (Māori Law Society). Aidan is dedicated to Māori success and is a strong believer in building long term relationships with people and ensuring that advice is culturally appropriate. Aidan joined the firm in 2000, was appointed a Partner in 2008 and has been a Director of McCaw Lewis Limited since 2011.
Te Aopare Dewes, Partner, Chapman Tripp
Te Aopare leads Te Waka Ture, Chapman Tripp’s Māori legal group. Te Aopare specialises in corporate structuring, governance, strategic and commercial advice for iwi and hapū, Māori businesses, Māori owning entities and clients looking to work with them. Working closely with Māori land owning entities, post settlement governance entities and Māori businesses, Te Aopare advises on a range of legal issues including new ventures, governance, structuring, commercial contracts, Māori land and litigation. She has also appeared before the Māori Land Court and in the Waitangi Tribunal. Te Aopare is from Ngāti Porou and Ngāti Rangitihi and is a fluent speaker of te reo Māori.