Valmaine Toki

BA/LLB (Hons)
MBA (Tas)
LLM (AKL)
Barrister and Solicitor of the High Court

Contact details
Building 803, room 205
17 Eden Crescent
Auckland

Phone: +64 9 923 8020
Email: v.toki@auckland.ac.nz

Available to students
Mondays and Wednesdays 2-3pm or by appointment

Profile

Valmaine Toki is of Nga Puhi, Ngati Wai and Ngati Rehua descent. She joined the Faculty of Law in 2007, and teaches in the areas of Contemporary Treaty and Māori Issues, Jurisprudence and Legal Method. As a He Ture Pumau scholar Valmaine previously worked for Te Ohu Kai Moana Trustee Ltd on Māori fisheries, aquaculture and asset allocation.

Valmaine has assisted in cases to the Māori Land Court, the Environment Court, and the High Court. Her MBA from the Australian Maritime College at the University of Tasmania, focuses on marine resource management, spanning strategic planning, economic growth, management planning, and sustainable practices.

Her research interests lie within the area of human and indigenous rights, therapeutic jurisprudence and resource management. Valmaine is an Independent Commissioner on resource consent applications to regional and district councils.

Special Interests

Recently she has undertaken research into 'therapeutic jurisprudence' as a vehicle to implement indigenous legal systems/tikanga Māori to reduce the disproportionate number of Māori criminal offenders. This envisages a specialist indigenous court that embraces Māori customs, ethics, values, and norms.

Courses Taught

• LAW 421 - Contemporary Treaty Issues
• LAW 316 - Jurisprudence
• LAW 131 - Legal Method

Recently Published Research

• "Domestic Violence and Women - Can a Therapeutic Jurisprudence approachassist?", Revista Juridica Escuela de Derecho UPR, 78, 2009 (forthcoming)
• "Law and Ownership of the Indigenous Foreshore and Seabed - Can the developing doctrine of Native Title assist?" Journal of South Pacific Law, 2, 2009 (forthcoming)
• "An Indigenous Pacific Human Rights Mechanism: Some Building Blocks"', Victoria University of Wellington Law Review, 1, p-, 2009 (forthcoming) coauthored with N Baird.
• "Are Domestic Violence Courts working for Indigenous Peoples?" Commonwealth Law Bulletin Vol 35 Issue 2 (2009)
• Human Rights and Treaty/Indigenous Issues - forthcoming Brookers publication 2008
• Nga Uri o Wiremu Mormona Raua ko Whakarongohau Pita Incorporated (Pita Whanau) v Far North District Council and Kingsford Barker and Associates Limited: Appeal - Subdivision - section 104 (1) section 105 (2A) pre 2003 - District Plan - non complying activity - Outstanding Landscape - Māori Issues - indicated conditions - Resource Management Bulletin Apr 2008
• Can the developing doctrine of aboriginal title assist a claim under the Foreshore Seabed Act 2004? Commonwealth Law Bulletin Vol 34 No 1 March, 2008 pp 21 - 41
• Chappel, Nga Tangata Ahi Kaa Roa o Maketu, Dinsdale and Bay of Plenty Regional Council v Bay of Plenty Regional Council and Rotorua District Council: appeal - water diversion structure - effect on river - consideration of Part II, RMA matters - Māori considerations - alternative management approaches - Resource Management Bulletin 7(10) Mar 2008:121-122
• Chief Executive of the Ministry of Agriculture and Forestry v Waikato Regional Council: appeal - resource consent - disturbance of soil - harvesting pine trees - consultation - waahi tapu - effects on the environment - Resource Management Act ss 6, 7 and 8 Journal: Resource Management Bulletin 7(6) Sep 2007:73-74
• South Kaipara Harbour Environment Trust and others v Auckland Regional Council and Biomarine Limited: appeal - resource consent - marine farm -appropriateness of site - future activities - Resource Management Act 1991, s 104, Part II - Resource Management Amendment Act 2003 Journal: Resource Management Bulletin 7(4) Jun 2007:40-41
• SMW Consortium Limited v Tasman District Council: aquaculture management areas - acceptance of applications for coastal permits - status of aquaculture management areas - Resource Management Act 1991 Journal: Resource Management Bulletin 7(3) Apr 2007:33-34
• Will therapeutic jurisprudence provide a path forward for Māori? Waikato Law
• Review Taumauri 13 2005:169-189

Conference Papers

• "Domestic Violence Courts - a comparative view" Just Partners - FamilyViolence, Specialist Courts and the Idea of Integration - National Conference Canberra 22 - 23 May 2008
• "Domestic Violence and Women - Can a Therapeutic Jurisprudence approach assist?" John Jay College of Criminal Justice International Conference: Justice and Policing in Diverse Societies - San Juan Puerto Rico 9 - 12 June 2008 - Conference Attendance Grant from Nga Pae o te Maramatanga