Natalie Coates
He uri nō Ngāti Awa, Ngāti Hine, Tῡwharetoa, Te Whānau a Apanui, Tῡhourangi.
Natalie specialises in public and administrative lcaw, Te Tiriti o Waitangi, Māori legal issues, human rights, whenua | land, multi-party negotiations in Treaty of Waitangi settlements, trust and governance matters. Natalie is a leading expert in the intersection between tikanga and the common law and has lead precedent cases on this intersect in all senior Courts.
Natalie is a skilled advocate and has appeared as counsel in the Supreme Court, Court of Appeal, High Court, Environment Court, Māori Land Court and the Waitangi Tribunal. She is a clear communicator, critical thinker and a problem solver.
Natalie was previously a partner at Kāhui Legal, a leading specialist boutique firm for Māori legal issues. She holds first class honours degrees in Law and Arts (Māori Studies) from the University of Otago and an LLM from Harvard University. She was also a Law Lecturer at the University of Auckland. Natalie sits in various representative roles including on the NZ Council of Legal Education, the NZ Council of Law Reporting and is the current Co-President of Te Hunga Roia Māori, the Māori Law Society.
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Te Kooti Mana Nui (Supreme Court)
Re Whakatohea Kotahitanga Waka (Edwards) NZSC 121- 129/2023. Representing an iwi in the Supreme Court in relation to the interpretation and application of the Marine and Coastal Area (Takutai Moana) Act 2017. On-going.
Smith v Fonterra Co-operative Group Limited [2022] NZSC 35. Represented Mr Smith in climate change litigation before the Supreme Court. Involved a tort law claim against seven major companies in respect of their emissions. The relevance and application of tikanga was argued. Ongoing.
Ellis v R [2020] NZSC 89. Represented Mr Ellis in the Supreme Court. Involved the question of continuance of proceedings beyond death and the place of tikanga within the common law.
Trans-Tasman Resources Ltd v Taranaki Whanganui Conservation Board [2021] NZSC 127. Represented an iwi opposing mining in the exclusive economic zone. Included interpretation of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 including the relevance of tikanga and the interpretation of Treaty of Waitangi clauses in legislation.
Te Ture Kāwana | Judicial review
Smith v Attorney-General (CA404/2022). Represented Plaintiff before the Court of Appeal in climate change litigation against the Attorney-General. The plaintiff alleges breaches of public law duties regarding the impact of fossil fuel emissions. Involves the relevance and legality of Te Tiriti o Waitangi. Ongoing.
New Zealand Independent Community Pharmacy Group v Hutt Valley District Health Board & Others[2023] NZHC 1486. Representing the plaintiff in judicial review proceedings against the Ministry of Health, Te Whatu Ora and Countdown supermarkets on health equity grounds. Legal issue involves the relevance of Te Tiriti o Waitangi in the granting of DHB concessions. Ongoing.
Greenpeace Aotearoa Incorporated v Hiringa Energy Ltd and Balance Agri-Nutrients Ltd[2023] NZCA 672. Represented various hapῡ in the Court of Appeal challenging the legality of decisions made under the COVID-19 Recovery (Fast-track Consenting) Act 2020. Included interpretation and application of the Treaty of Waitangi clause.
Ngāti Whātua Orakei Trust v Attorney General [2022] NZHC 843. Acted for an iwi in judicial review proceedings relating to relevance of tikanga (in particular mana whenua) and Te Tiriti o Waitangi in respect of overlapping areas of interests in Treaty settlement context.
The Parents of Courtney v the Principal [2021] NZHC 2075 acted as Counsel to assist the Court in judicial review of a school suspension of a Māori child.
Te Taiao (Environment) | Takutai Moana (Marine and Coastal Area)
Acted for Te Whānau a Apanui in Whakatōhea Kotahitanga Waka (Edwards) v Te Kāhui and Whakatōhea Māori Trust Board[2023] NZCA 504 and Re Edwards (decd) (obh of Te Whakatōhea (No 2) [2021] NZHC 1025, the first complex overlapping claims decision under the Marine and Coastal Act (Takutai Moana) Act 2011 (“MACA”).
Re an application by Te Rῡnanga o Te Whānau (CIV-2017-485-318). Acting for Te Whānau a Apanui in a claim for Customary Marine Title and Protected Customary Rights. On-going.
Re an application by Rachel Ann Selby on behalf of Ngāti Raukawa Ki Te Tonga (CIV-2017-485-229). Acting for Ngāti Raukawa ki Tonga in a claim for Customary Marine Title and Protected Customary Rights. On-going.
Acted for Te Kāhui o Rauru in Trans-Tasman Resources Ltd v Taranaki Whanganui Conservation Board [2021] NZSC 127 and Trans-Tasman Resources Ltd v Taranaki Whanganui Conservation Board [2020] NZCA 86. Iwi opposing seabed mining in the Exclusive Economic Zone.
Acted for Ngai Taiwhakaea in Te Rūnanga o Ngāti Awa v Whakatane District Council & Others [2022] NZHC 819 and Tarau (on behalf of Ngai Taiwhakaea) v Whakatane District Council [2021] NZEnvC 108.Involved jurisdictional appeal to consent for a retirement village.
Te Ture Taihara (Criminal) | Te Ture Whānau (Family)
Counsel to Assist the Royal Commission of Inquiry into Abuse in Care.
Provided advice to the Dilworth Independent Inquiry into the nature and extent of sexual and serious physical abuse (2023).
Acted for trustees of Kawerau A4 Trust in Te Aho Paraha v Trustees of the Kawerau A4 Ahu Whenua Trust [2023] NZCA 148 a trespassing on Māori land case.
Acted for trustees of Kawerau A 4 Ahu Whenua Trust in Te Aho Paraha v Trustees of Kawerau A4 Ahu Whenua Trust [2022] NZHC 1420 involving application for stay of injunction.
Acted for New Zealand Law Society intervenors in Hanara v R [2022] NZCA 608 that concerned the test for fitness to stand trial.
Acted as Counsel to Assist the Court in Chief Executive of Oranga Tamaki – Ministry for Children v BH [2021] NZFC 210 and made submissions on tikanga and Te Tiriti in context of application for special guardianship order.
Whenua Māori | Māori Land
Advised and assisted Māori Land Trusts or Māori landowners with: the amendment and creation of Māori reservations, leases, easements, partition of land, conversion of general land to Māori land, interpretation of Trust Deeds, geothermal option agreements, long term forestry leases, trustee replacement.
Waitangi Tribunal | Te Tiriti o Waitangi
Regularly provides advice to clients on Te Tiriti o Waitangi.
Acted as counsel for a Māori Trust in the Interim Report on Māori Appointments to Regional Planning Committees (Wai 2358, Waitangi Tribunal, 2022).
Acting as counsel for Wai 361 and Wai 2260 in the Wai 2700 Mana Wāhine Kaupapa Inquiry, Waitangi Tribunal (proceedings in progress).
Acted as counsel for te Rūnanga Nui o Ngā Kura Kaupapa Māori, urgency application, in the “Kei Ahotea Te Aho Matua” Report (Wai 1718, Waitangi Tribunal)
Acted as counsel for Wai 2944, claim by Julia Whaipooti and Ta Robert Kinsela (Kim) Workman, application for urgency re armed response teams.
Assisted in preparation for Wai 2858 Maniapoto Mandate Inquiry Report, Waitangi Tribunal.
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Recognised by NZ Lawyer as one of the “Most Influential Lawyers” in 2024.
Recognised by Lawfuel as the “Lawyer of the Year for 2023″
Received the Te Pae Tata Award in 2023 at the Annual Te Hunga Roia Māori | Māori Law Society Conference for “working on a case or project that has advanced Māori interests” alongside other Māori counsel that acted in Ellis v R [2020] NZSC 89.
Recognised as a “Pre-eminent” or “Leading” Māori law, Māori land and Treaty of Waitangi Lawyer in the Doyles Guide to Lawyers in 2023, 2022, 2021 and 2020.
Included in the LawFuel 2021 and 2023 “Power Lawyer List” that lists New Zealand’s 50 most influential lawyers.
Included in the NZ Lawyer 2020 “Rising Stars” list.
Received the John Te Manihera Chadwick Community Awarded in 2018 at the Annual Te Hunga Roia Māori | Māori Law Society Conference for contribution to the law and community
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Co-President of Te Hunga Roia Māori / the Māori Law Society (since August 2023).
Pouako (co-lecturer) of the pilot post-graduate diploma in Tikanga and the Law at Te Whare Wānanga o Awanuiārangi (a qualification being designed for Judges) (since October 2023).
Member of the Te Aka Matua o Te Ture | New Zealand Law Commission Māori Liaison Committee (since 2023).
Member of the Severe Weather Recovery Review Panel (since May 2023).
Member of the New Zealand Council of Legal Education (“NZCLE”) (since 2020).
Member of New Zealand Council of Law Reporting (since 2019).
Member of Te Mana Whakahaere (the Council) of Te Whare Wānanga o Awanuiārangi (since 2019).
Mandated Negotiator for Te Whānau a Apanui Treaty settlement claims (since 2017)
Counsel to Assist the Royal Commission of Inquiry into Abuse in Care (2021 – 2024)
Member of the Lawyers & Conveyancers Disciplinary Tribunal (2020 - 2024)
Mentor for the Ngā Wahine Māori Roia mentoring programme 2021, 2022, 2023.
Member of the Fulbright Award selection panel 2021, 2022, 2023.
Member of Technical Expert Advisory Group to Minister of Māori Development on implementation of the United Nations Declaration on the Rights of Indigenous Peoples (2021 – 2022).
Member of the “Subsequent Children” Technical Expert Advisory Group (2020)
Co-director of the Aotearoa/New Zealand Centre for Indigenous Peoples and the Law (University of Auckland) (2019-2020)
Law lecturer (2012 – 2014) and member of the following academic groups: Te Tai Haruru (the Māori Legal Academic’s Group); the University of Auckland Equity Committee; New Zealand Centre for Environmental Law; and Advisory Board to the Equal Justice Project (2012 – 2014).
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Book Chapters / Reports
N Coates and H Irwin-Easthope “Kei raro i ngā tarutaru, ko ngā tuhinga o ngā tupuna | Beneath the herbs and plants are the writings of the ancestor: Tikanga as expressed in evidence presented in legal proceedings” A report prepared for Te Aka Matua o Te Ture / the New Zealand Law Commission.
Chief Justice H Winkelmann, Justice S Kós, N Coates, T Sharkey “Continuity, Challenge, and Change” in Challenge and Change: Judging in Aotearoa New Zealand (Lexis Nexis, 2022).
N Coates “The rise of tikanga Māori and Te Tiriti o Waitangi Jurisprudence” in Challenge and Change: Judging in Aotearoa New Zealand (Lexis Nexis, 2022).
N Coates “Infusing Tikanga into Corporate Māori Governance Entities in the Current Legal Framework” in Dr Robert Joseph and Dr Richard Benton (eds) Waking the Taniwha: Māori Governance in the Twenty First Century (Thomson Reuters, Wellington, 2021)
N Coates “Future Contexts for Treaty Interpretation” in Mark Hickford and Carwyn Jones (eds) Indigenous Peoples and the State: International Perspectives on the Treaty of Waitangi (Routledge, United States of America, 2018) 166-185
Articles
N Coates “How can we Protect the Integrity of Tikanga in the Lex Aotearoa Endeavour?” Otago Law Review, 2023
N Coates and N Udy “The intersection of the principle of legality with Te Tiriti o Waitangi, Tikanga Māori and Indigenous rights” (NZLS CLE, Human Rights Intensive, 2022).
I Hikaka and N Coates “Tikanga and Trusts” NZLS CLE 2021: A Trust Odyssey (NZLS CLE, June 2021).
R Makgill, J Gardner-Hopkins and N Coates “Current Legal Developments: Trans-Tasman Resources Limited v Taranaki-Whanganui Conservation Board” The International Journal of Marine and Coastal Law 35 (2020) 1-11.
N Coates “The recognition of tikanga in the common law of New Zealand” New Zealand Law Review, 2015(1), 1-34. Received honourable mention by judges in the Rex Mason Award for excellence in legal writing. A version also appeared in the 2017 Te Tai Haruru: Journal of Māori and Indigenous Legal Issues.
N Coates “What does Takamore mean for tikanga? – Takamore v Clarke [2012] NZSC 116” Māori Law Review, 2013 (February), 14-21.
N Coates “A consideration of the place of pōwhiri in the state sector” Journal of South Pacific Law, 2012(1), 5-14.
N Coates “Joint-Management Agreements in New Zealand: Simply Empty Promises?” Journal of South Pacific Law, 2009 13(1), 32-39.
Papers / Presentations
With Lee Godden and Rachel Ariss “International Perspectives on Title to Submerged Lands” at Nothing About Us Without Us: Indigenous Jurisdiction Over Mining and Marine Territories conference (Online, Vancouver, November 2023).
With Justice Whata “The Future of Tikanga Māori” seminar for Te Kura Kaiwhakawā (Institute of Judicial Studies, Conference on “Tikanga”, Rotorua, October 2023).
With Prof Megan Davis “Reconciliation Pathways” for the Australian Judicial Officers Association “2023 Colloquium” (Pullman Hotel, Auckland, October 2023).
“Tikanga and the integrity of New Zealand’s Legal System” for the Tomkins Wake Lecture (previously McKenzie Elvin Lecture) (University of Waikato, Tauranga, August 2023).
With Bernadette Arapere and Jamie Kirby-Brown “Climate Change and Our World” at Te Hunga Roia Māori Hui-a-Tau (University of Waikato, Hamilton, August 2023).
With Annette Sykes, Karen Feint KC, Matanuku Mahuika and Kingi Snelgar “Tikanga Wānanga” at Asian Lawyers Association Conference (Bell Gully, Auckland, June 2023).
With Tai Ahu “Aotearoa’s transformational shift towards the recognition of Tikanga Māori within our legal system” at Public and Administrative Law Conference (Brightstar, Wharewaka, Wellington, May 2023).
With Joana Setzer, Vernon Rive and Dr James Every-Palmer KC panel on “Climate Change Litigation in New Zealand and the World” at Climate Litigation in Comparative Contexts Conference (University of Auckland, Auckland, May 2023).
With Professor Jacinta Ruru and Metiria Turei, panel on “Tikanga Māori and the future of the legal system” at the 150 year celebration of Otago Law School (University of Otago, Dunedin, April 2023).
“Future of the Waitangi Tribunal and Implications for Practice” (facilitate Waitangi Tribunal Practice and Procedure Seminar, Hamilton, October 2022).
“What does the Supreme Court case of Ellis mean for tikanga as part of the laws of Aotearoa / New Zealand?” (public presentation at Te Whare Wananga o Awanuirangi, Whakatane October 2022).
With Horiana Irwin-Easthope “The Future of Tikanga” (seminar for Te Kura Kaiwhakawā (Institute of Judicial Studies) Conference on ‘Tikanga”, Te Puea Marae, October 2022).
“How do we preserve the integrity of tikanga in The Lex Aotearoa endeavour?” (Inaugural University of Otago Law and Society Lecture, Dunedin, September 2022).
With Jamie Ferguson and Claire Charters “Tikanga and State Law (panel discussion at annual NZ Bar Association Conference 2022 – Advocacy Now: Law in Extraordinary Times) Tauranga September 2022.
With Justice Whata, Paul Majurey and Dayle Takitimu “Tikanga and the Law” (panel discussion at annual Te Huinga Roia Māori o Aotearoa) online September 2022.
“Tikanga in the Superior Courts” seminar for Māori Land Court Judges Conference Te Kura Kaiwhakawā (Institute of Judicial Studies) online May 2022.
“Te raranga i te mātauranga Māori i roto i te ture: Weaving mātauranga Māori into the law” (paper presented for Ngā Kauhau Whakamiramira i te Mātauranga Māori a Te Whare Wānanga o Awanuiārangi: Rārangi Tuatahi (Mātauranga Māori Lecture series), Whakatane, January 2022).
“Tikanga and the Ellis Case” (presentation at the Te Matakahi - Defence Lawyers Association NZ annual conference, Wellington, 20 November 2021).
“Tikanga Māori” (seminar for Te Kura Kaiwhakawā (Institute of Judicial Studies) Conference on “Diversity”, online, October 2021).
With Issac Hikaka “Tikanga and Trusts” (paper presented at NZLS CLE Trusts Conference “A Trust Odyssey”, Auckland June 2021 and Wellington October 2021).
“Tikanga in the Law” (lecture presented for “Ngā Tikanga Māori / Māori Customary Law – LEGAL 413” paper, VUW, 2021).
With Dr Valmaine Toki, Associate Professor Linda Te Aho and Marcia Murray “He ara tika: Posthumous Restoration of Mana in the Peter Ellis Case” (panel discussion for Waikato Public Law and Policy Research Unit Presentation, online, 19 May 2021).
With Matanuku Mahuika, Horiana Irwin Easthope, Kingi Snelgar and Rhianna Morar “Tikanga Māori in the Peter Ellis Case” (Panel discussion at Te Hunga Roia Māori Annual Conference, online, August 2020).
“The Future of Tikanga” (seminar for Te Kura Kaiwhakawā (Institute of Judicial Studies) Conference on ‘Tikanga”, Wellington, New Zealand, October 2020).
“Tikanga in and as Law” (seminar for Te Kura Kaiwhakawā (Institute of Judicial Studies) Conference on “Diversity” Wellington, October 2020).
With Rikirangi Gage “Tikanga: Diversity in our Courts” (seminar for Te Kura Kaiwhakawā (Institute of Judicial Studies) “District Court update” Wellington, Hamilton, Auckland and Christchurch, Feb / March 2020).
With Jamie Ferguson “Māori and Crown Relations: What’s Next?” (Legalwise seminar, “Māori intersection with Crown and Commercial Law” Wellington, March 2020)
With Matanuku Mahuika, Jamie Ferguson and Kiri Tahana “Strategic spaces to advance Māori jurisprudence” (panel discussion at Te Hunga Roia Māori Annual Conference – “Nā ko te pō, he rā ki tua”, Wellington, August 2019).
“The Future of Tikanga: Next Generation Conversations” (seminar for Te Kura Kaiwhakawā (Institute of Judicial Studies) Conference on ‘Tikanga”, Auckland, October 2019).
“He Wero: Tikanga and the Judiciary” (seminar for Te Kura Kaiwhakawā (Institute of Judicial Studies) Conference on ‘Challenge and Change”, Wellington, July 2019).
“Tikanga Māori in Family Law” (seminar presented at NZLS CLE Conference on “Oranga Tamariki Act – Changes”, Christchurch, Wellington, Auckland, June 2019).
“Tikanga Māori and Family Law” (seminar presented at Te Korimako legal training for support workers working in family law in over 15 locations around Aotearoa, 2019).
With Horiana Irwin “The Future of Tikanga: Next Generation Conversations” (seminar for Te Kura Kaiwhakawā (Institute of Judicial Studies) Conference on ‘Tikanga”, Auckland, October 2018).
“Recognition, Plurality, and the limits of the legal system” (presentation at the New Zealand Centre for Legal Theory workshop on ‘Law and Recognition: Persons, Institutions, and Plurality’, Auckland, September 2018).
“Incorporating tikanga (Māori customary law) into decision-making and thinking” (seminar for Te Kura Kaiwhakawā (Institute of Judicial Studies) “Family Court Update” Auckland, Wellington, August 2018).
“The Place of Tikanga” (seminar for Te Kura Kaiwhakawā (Institute of Judicial Studies) Conference on “Challenge and Change”, Wellington, July 2018).
“A Culturally Aware Approach to Consultation” (seminar for New Zealand Law Commission’s Third Annual Retreat on “Consultation”, Wellington, July 2018).
“Tikanga Māori and the Law” (seminar presented at Te Korimako legal training for support workers working in family law, Hamilton, June 2018).
With Kiritapu Allan “Tikanga and the Constitution” (seminar for Te Kura Kaiwhakawā (Institute of Judicial Studies) Conference on “The Constitutional Role of Judges”, Wellington, March 2017).
With Professor Mark Hickford and Mihiata Pirini “Māori Dimensions” (panel discussion at the New Zealand Law Commission’s 30th Anniversary Symposium on “The Law Reform Community in the 21st Century”, Wellington, November 2016).
With Kingi Snelgar “Experiences at Standing Rock” (at the Mai Te Kupenga Doctoral Conference, Wellington, November 2016.)
With Kiritapu Allan “Fishy business: Is the impending Kermadec Ocean Sanctuary a breach of Māori fishing rights?” (seminar at the World Indigenous Law Conference, Irvine, California, October 2016).
“Embracing & Advancing Diversity” (panel discussion at a Fulbright New Zealand event, Auckland University of Technology, Auckland, March 2016).
"Legal dimensions of the Treaty of Waitangi” (presentation for the New Zealand Centre for Public Law symposium “175 Years of Interpreting the Treaty of Waitangi: Legal, Historical, and Political Dimensions of Interpreting the Treaty Through Time”, Wellington, February 2016).
With Kiritapu Allan “A Fuzzy Line - The Treaty of Waitangi, Tikanga and the Constitution” (seminar for Te Kura Kaiwhakawā (Institute of Judicial Studies) Conference on “The Constitutional Role of Judges”, Auckland, August 2017).
With Horiana Irwin “Ko te manu e kai ana i te mātauranga nōna te ao: Overseas Postgraduate Reflections” (panel discussion at the Māori Law Review “Indigenous Law Speaker Series” Victoria University, Wellington, May 2015).
“The Treaty of Waitangi and Tikanga in the Constitution” (seminar for Te Kura Kaiwhakawā (Institute of Judicial Studies) Conference on “The Constitutional Role of Judges”, Auckland, September 2014).
“Exploring the common law as an avenue for the recognition of tikanga Māori (Māori customary law)” (paper presented at the World Indigenous Legal Conference, Brisbane, Australia, June 2014).
With Katherine Saunders “The Treaty of Waitangi” (seminar for Te Kura Kaiwhakawā (Institute of Judicial Studies) Conference on “The Constitutional Role of Judges”, Auckland, September 2013).
“Pōwhiri in the State Sector” (paper presented at the Auckland University Faculty of Law ‘Law and Culture Conference’, Auckland, August 2012).
“Joint-Management Agreements in New Zealand: Simply Empty Promises?” (paper presented at the Otago University and the University of the South Pacific, ‘Law and Culture Conference: Pacific and Māori Legal Issues Conference, Dunedin, 2009).
“Who are the Indigenous Peoples of Canada and New Zealand?” (paper presented at the Otago University and the University of the South Pacific Law “Law and Culture Conference”, Port Villa, Vanuatu, 2008).
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LLM, Harvard University, United States of America. Attended on a Fulbright scholarship, a New Zealand Law Foundation Ethel Benjamin Scholarship, a Ngārimu VC and 28th (Māori) Battalion Memorial Scholarship Masters Award and the Sir James Fletcher Memorial Trust Business Award and Pūtauaki Trust Masters scholarship.
LLB (First Class Hons), University of Otago
BA (First Class Hons majoring in Māori Studies), University of Otago.
