Bidois v Leef

The case of Bidois v Leef and Leef v Bidois involved a dispute between Pirirakau and Ngāti Taka, two hapū of Ngāti Ranginui, regarding the allocation of settlement proceeds from the Crown for lands confiscated or compulsorily acquired during the New Zealand Wars. The dispute was resolved through an arbitration process, which found that Pirirakau held exclusive mana whenua over the disputed land from 1840 to 1865. The High Court later ruled that the arbitration award did not determine the final allocation of settlement proceeds, allowing Ngāti Taka to invoke a Mana Whenua Process Agreement to seek adjustments. Pirirakau appealed this decision, arguing that the arbitration agreement replaced the Mana Whenua Process Agreement and that the allocations were final and binding.

The Court of Appeal held that the arbitration agreement effectively replaced the Mana Whenua Process Agreement, and the final allocations were enshrined in the Settlement Trust Deed, which was signed by representatives of all hapū. The Court rejected Ngāti Taka's argument that the Mana Whenua Process Agreement remained operative and that adjustments could be made to the allocation. The Court also found that issue estoppel did not apply, as the earlier appeal had only addressed the validity of the arbitration agreement, not the subsequent allocation process.

The appeal in CA88/2017 was allowed, setting aside the High Court's declarations and entering judgment for Pirirakau. The appeal in CA190/2017 was dismissed. The first respondent in CA88/2017 was ordered to pay the appellant one set of costs for a standard appeal on a band A basis and usual disbursements. Costs in the High Court were to be determined in accordance with the outcome of these appeals.