15/04/2025
The following explanation is provided in my capacity as Secretary of the Applicant Committee to help clarify the recent minute issued by Judge Stone dated 10 April 2025. This is my personal interpretation, intended to assist with understanding only. It does not represent a formal position of the Māori Land Court, nor should it be taken as legal advice. For official guidance, please refer directly to the minute itself or seek legal counsel.
Judge Stone’s Chambers Minute – 10 April 2025, this minute should be read in conjunction with previous minutes and Court directives.
Tēnā koutou katoa,
I want to take a moment to give my personal interpretation of the recent decision made by Judge Stone of the Māori Land Court on the 10th of April 2025, and what it means for all of us leading up to Hui Whakapūmau 2025.
On March 12, our applicant kōmiti had asked the Court to issue further directions to help ensure Hui Whakapūmau 2025 could go ahead smoothly and fairly. However, Judge Stone has decided not to issue those directions at this time.
Let me explain why.
First and foremost, the Court was willing to help provide directions in response to March 12 2025 memorandum of counsel filed by the applicant committee, but only if both sides could agree.
What were the points raised in the Memorandum of Counsel 12 March 2025? We sought for the following:
1. Appointment of an Independent Facilitator
2. Confirmation of the venue
3. Voting at HW 2025 - eligibility to vote
4. Nominations arising from AGM selecting mōrehu
Unfortunately, there is still no agreement between our kōmiti and the respondent kōmiti. That means the Court can’t step in to support one side over the other without appearing to take sides.
Secondly, mediation has failed. Judge Wainwright, who was appointed to mediate between the parties, tried her best, but was unable to bring us together. Because of this, the Judge expects that the issues between the kōmiti may RETURN TO COURT as formal proceedings in the future.
In light of that, Judge Stone is being cautious. He doesn’t want to make any rulings now that might unfairly influence or pre-judge those FUTURE HEARINGS. That includes any decisions based on contested interpretations of our internal constitution, Ngā Kaupapa ā-Mahi 2002.
Now, let’s break down what this means for some of the specific things we requested:
We asked for the Court to appoint an independent facilitator. But since a mediator had already been appointed—and mediation failed—the Judge sees that request as no longer relevant.
We asked for help confirming the venue at Rātana Pā. The Judge said this is something that can and should be handled directly with the Rātana Pā Reserves Trust. To that extent, our kōmiti emailed Lei Graham - Chairperson of the Ratana Reserves Trust and made three attempts to reach them by phone, however we received no response.
We asked for directions about voting eligibility and nomination processes. The Judge declined, because these matters rely on interpretations of the church’s constitution that could be challenged in Court later.
In summary, Judge Stone is saying: The Court has done what it can FOR NOW.
Back on 26 February 2025, the Judge gave our kōmiti clear authority to go ahead with organising the hui, even if the other kōmiti refused to help. He encouraged collaboration but gave us permission to move forward on our own if necessary.
With no agreement, and with tensions still high, the Court is stepping back. It is placing the responsibility for resolving these matters where it ultimately belongs, with us and as you all know, every attempt has been made to work together.
So where to from here?
The Court gave the green light to the applicant committee to call, hold, administrate the HW 2025 in accordance with 26 Feb 2025 Chambers minute by Judge Stone.
Your attendance is important, not to invalidate what happens at Rātana Pā, but to uphold and strengthen the integrity of this kaupapa. Your presence helps ensure that Hui Whakapūmau 2025 reflects the collective voice of our mōrehu, grounded in fairness, transparency, and unity. It’s about standing for a process that is inclusive, respectful, and true to the spirit of our faith and tikanga.
Every person who attends is helping to build a future that honours both our past and our shared responsibilities going forward to provide mōrehu tamariki, mokopuna and future they can participate in.
