Hata v Attorney-General

Case [2023] NZHC 2919


IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2023-485-203

[2023] NZHC 2919

UNDER Part 30 of the High Court Rules 2016 and the inherent jurisdiction of the High Court

IN THE MATTER

of the proposed signing of a deed of

settlement of historical Treaty of Waitangi and other claims binding ngā hapū o Te Whakatōhea

BETWEEN

TE RINGAHUIA HATA and TE RUA ROGER RAKURAKU

Applicants

AND

THE ATTORNEY-GENERAL

First Respondent

GRAEME RIESTERER, ANAU APANUI, JASON KUREI, ERIN MOORE, DAVE NGATAI, AUDREY GRACE-RENATA, MURIWAI KAHAKI, BRUCE

PUKEPUKE, KEITA HUDSON, MANA PIRIHI, TAHU TAIA, PAREHUIA MAFI and ROBERT EDWARDS

Second Respondents

ROBERT EDWARDS, TAHU TAIA, BRUCE PUKEPUKE, KATE HUDSON, VAUGHAN PAYNE, GRAEME

RIESTERER, ANAU APANUI and ERIN MOORE

Third Respondents

AND

NGĀTI RUATAKENGA

Intervener

WAI 864 CLAIMANTS

Intervener

NGĀI TAMAHAUA HAPŪ COMMITTEE

Intervener

HATA v THE ATTORNEY-GENERAL (NO 2) [2023] NZHC 2919 [18 October 2023]

TE UPOKOREHE TREATY CLAIMS TRUST

Intervener

Hearing: 28 August 2023

Appearances:

J E Hodder KC, A T Sykes and S W H Fletcher for the Applicants C R W Linkhorn for the First Respondent

J M Pou for the Second Respondent
C R Carruthers KC for the Third Respondents

Judgment:

18 October 2023


JUDGMENT (NO 2) OF COOKE J

(Stay and preliminary question applications)


Table of Contents

Background[4]

Application for a stay[18]

Non-interference principle[19]

Parliamentary Privilege Act 2014[36]

Conclusion[41]

Preliminary question[42]

Assessment[46]

Whakatōhea[48]

The Crown[55]

Conclusion[58]

Result[60]

[1]                  In these proceedings the applicants, on behalf of Ngāti Irapuaia o Waioweka (Ngāti Ira), a hapū of Whakatōhea, have challenged decisions of the Crown and Whakatōhea that have led to a Treaty settlement. By judgment dated 25 May 2023 I declined the applicants’ application for interim orders to prevent the entry of the relevant Deed of Settlement.1 On 27 May 2023 the Deed was then signed. On 13 June 2023  the  Whakatōhea  Claims  Settlement  Bill  implementing  the  settlement  was


1      Hata v Attorney-General [2023] NZHC 1255.

introduced into the House of Representatives and read for a first time on 17 August 2023. It was not passed when the House was dissolved for the general election.

[2]                  The applicants wish to continue with their proceeding, and an amended pleading has been filed. This judgment deals with two applications:

(a)An interlocutory application by the Attorney-General under r 15.1 of the High Court Rules 2016 for an order staying the proceeding until such time as the Whakatōhea Claims Settlement Bill is no longer before Parliament.

(b)An interlocutory application by the applicants under r 10.15 of the High Court Rules for orders that certain matters be determined as preliminary questions prior to trial.

[3]                  For the reasons set out below I have decided that both applications should be declined.

Background

[4]                  I deal with the background in only very brief terms as ultimately both applications turn on issues of principle rather than questions of fact.

[5]                  The proceeding is a continuation of long running disputes concerning the various claims of Treaty breaches…

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Hata v Attorney-General [2023] NZHC 2919
Case
[2023] NZHC 2919
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CaseChat Overview and Summary

In the High Court of New Zealand, the case of Hata v Attorney-General (No 2) [2023] NZHC 2919 involved a challenge by the applicants, on behalf of Ngāti Irapuaia o Waioweka, a hapū of Whakatōhea, against decisions of the Crown and Whakatōhea that led to a Treaty settlement. The applicants sought an interlocutory application for a stay of the proceeding until the Whakatōhea Claims Settlement Bill was no longer before Parliament, and another for orders that certain matters be determined as preliminary questions prior to trial. The court declined both applications. The applicants argued that the non-interference principle did not apply as their claim was directed to the Crown's unlawful decisions, not the legislative process. The court held that the principle was not engaged as the applicants were entitled to have their legal rights determined, and the court would not interfere with the legislative process. The Parliamentary Privilege Act 2014 was also not applicable as the applicants did not seek to call into question what was happening in Parliament. The court further held that the proposed preliminary questions were inappropriate as they would not save time, create further complications, and likely delay and complicate the proceedings. Both applications were dismissed, and costs were to lie where they fell.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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