Russell McVeagh

New Zealand's premier law firm

Work

Maori Legal

NGA MANU TAIKO O TE TURE

Ko te amorangi ki mua
Ko te hapai o ki muri
Me papatairitengia te hoe o te waka Maori
I runga i nga aukaha i tipokingia i te tangata
Ahakoa te aha kia u ngatahi ai tatou i a tatou.

Let our oars row in unison for the good of all
On the waves of uncertainty, that may overturn man
No matter what the reason
So that we may help each other arrive together

Nga Manu Taiko o te Ture is the Maori Legal Group at Russell McVeagh. 'Manu Taiko' is the name given to the guiding bird in a flock of birds, while 'o te Ture' means of the law. The symbolism has several layers, including guides of people in a legal context. The members of Nga Manu Taiko have a wide range of hapu and iwi affiliations and are located in Russell McVeagh's offices in Auckland and Wellington.

Nga Manu Taiko o te Ture is New Zealand's only Maori law practice within a national corporate law firm. The group recognises the importance of clients, particularly Maori, receiving excellent legal services from advisors who understand tikanga Maori and how it relates to client needs. Nga Manu Taiko provides expert advice regarding Maori legal issues. Our clients range from individuals, to Maori organisations such as Te Whanau o Waipareira, Muriwhenua, Te Arawa Maori Trust Board and the Aotearoa Traditional Maori Performing Arts Society to major corporates such as Genesis Power Limited, Carter Holt Harvey and Fonterra.

Because of our multi-faceted service provision across the legal spectrum involving our other specialist practice groups, Nga Manu Taiko provides a comprehensive service specifically tailored to meet the exact needs of our many and varied clients.

Our range of work sees us involved in a wide range of areas, including but not limited to: 

  • Environmental/resource management matters 
  • Intellectual property 
  • General/commercial litigation 
  • Treaty of Waitangi 
  • Corporate, commercial, employment and property law 
  • Government processes and public law

Treaty of Waitangi

Having represented a number of different whanau, hapu and iwi before the Waitangi Tribunal, Nga Manu Taiko are very familiar with aspects of law relating to the Treaty of Waitangi 'Treaty', for example: 

  • Waitangi Tribunal claims 
  • Treaty of Waitangi Settlement Negotiations 
  • Declaratory and Judicial Review proceedings

Resource Management

Nga Manu Taiko advises individuals, hapu, iwi, organisations and large corporates on issues relating to the Resource Management Act 1991. Our areas of expertise include:

  • Strategic advice on consultation requirements with tangata whenua.
  • Advising on major projects, particularly strategic advice, at the project planning stage through to securing environmental consents.
  • Dealing with sensitive areas such as wahi tapu and historic places sites.
  • Developing and sustaining natural resources including geothermal systems, minerals, forests and other taonga.

We have acted for a range of Maori groups and large corporates such as Carter Holt Harvey and Genesis.

Maori Land Law

The laws applying specifically to Maori land are contained within Te Ture Whenua Maori Act. Nga Manu Taiko are well versed in Maori land law and have assisted their clients in the following areas: 

  • Retention and protection of Maori land 
  • Alienation of Maori land 
  • Māori land trusts and incorporations 
  • Title reconstruction and improvement 
  • Occupation and possession orders

Makea and McGuire

In May 2001 we appeared before the Privy Council on behalf of Mr Fred Makea and Mrs Margie McGuire and their whanau and hapu. Our clients were challenging the Hastings District Council which was taking steps to compulsorily acquire a section of Maori land for a public road. The issue was whether the Maori Land Court, as the specialist Court for Maori land, can stop unlawful local authority decisions under the Resource Management Act 1991 to require Maori land for roads. As the case was one of significant public interest, leave was granted to appeal to the Privy Council.

Public Law

Nga Manu Taiko has vast experience in Public Law. It regularly provides the following services to a number of clients: 

  • Advice to public bodies on Treaty obligations and implications 
  • Public law litigation, including declaratory proceedings and judicial reviews of administrative action 
  • Parliamentary processes 
  • Drafting legislation 
  • Advice on and negotiation with government decision makers

Intellectual Property

We have advised on several aspects of Intellectual Property, both from a Waitangi Tribunal perspective as well as a compliance perspective, for example, providing strategic advice to the Aotearoa Traditional Maori Performing Arts Society.

Ngati Koata (WAI 262 Claim)

This claim was first lodged in 1991 on behalf of Ngati Koata for the protection of Maori Intellectual Property. Our role has been to: 

  • Prepare claims documents such as statements of claim, memoranda and briefs of evidence. 
  • Interview and brief Kaumatua and expert witnesses. 
  • Provide legal advice concerning relevant legislation. 
  • Draft submissions on bills before the house. 
  • Attend and facilitate meetings with claimants and claimant counsel. 
  • Provide advice concerning the relevance of international law.

Commercial Law

Nga Manu Taiko have a wide range of large commercial clients including Genesis Power Limited, Carter Holt Harvey and $12 billion dairy giant Fonterra. The corporate services that the Group provides to its clients are equally diverse: 

  • Post Treaty settlement negotiations. 
  • Drafting/reviewing contracts. 
  • Mergers and acquisitions. 
  • Joint venture arrangements. 
  • Major due diligence projects. 
  • Corporate restructuring. 
  • Sale and purchase of companies, businesses and assets. 
  • Commercial transactions in general.

Broadcasting

The firm has acted for major television networks. Our history of legal representation for Maori broadcasting is over fifteen years old. Nga Manu Taiko have provided advice on a national scale, and for regional production houses.

Maori Television Electoral College

In the last twelve months we have acted for the New Zealand Maori Council and, recently the newly formed, Maori Television Electoral College in establishing a Maori Television Service. This has involved: 

  • Considering and responding to Government proposals, draft bills and discussion papers. 
  • Direct negotiations with the Crown. 
  • Drafting proposals and other documents on behalf of the Electoral College. 
  • Attendance at high level meetings with Ministers and Government officials. 
  • Advising on the application of relevant legislation and the governance and accountability structure of the Māori Television Service.

Taxation

In August 2001 the Government released a discussion document putting forward proposals for simplifying and improving the tax system for Maori authorities.

Te Arawa Maori Trust Board

We made submissions on behalf of the Te Arawa Maori Trust Board in relation to the discussion document. The submissions focused on the three options for changing the tax rules and changes to the charitable tax exemption. Nga Manu Taiko can offer the following Tax related services to its clients: 

  • Advice on tax issues affecting Maori organisations. 
  • Corporate structuring to align with tax requirements. 
  • Strategic advice on new tax regimes. 
  • Establishment of charitable organisations. 
  • Taxation issues in post settlement.

Specialists

Partners

All Work Areas