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 1255
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 [2023] NZHC 1255 [25 May 2023]
TE UPOKOREHE TREATY CLAIMS TRUST
Intervener
Hearing: 24 May 2023 Appearances:
J E Hodder KC amd S W H Fletcher for the Applicants C Linkhorn and D W Hunt for the First Respondent
J M Pou for the Second Respondents
C R Carruthers KC for the Third RespondentsK S Feint KC and M S Smith for Ngāti Ruatakenga J L Cole for Wai 864 Claimants
R J Clark for Ngāi Tamahaua Hapu Committee
B R Lyall and H L B Swedlund for Te Upokorehe Treaty Claims Trust
Judgment:
25 May 2023
JUDGMENT OF COOKE J
(Interim relief)
[1] By application dated 12 May 2023 the applicants, who are acting on behalf of Ngāti Irapuaia o Waioweka hapū (Ngāti Ira), a hapū of Whakatōhea, apply for interim orders preventing the Crown and the Whakatōhea Pre-Settlement Claims Trust (WPCT) from entering a Deed of Settlement settling Whakatōhea’s Treaty grievances. They seek orders declaring:
(a)that, pending further order of the Court, it would be a breach of Ngāti Ira’s tikanga as law and the Crown’s obligations under the Treaty of Waitangi and its principles for the Crown to proceed to sign Whakatōhea, Te Tāwharau o Te Whakatōhea and the Crown: Deed of Settlement of Historical Claim (23 December 2021) in the absence of credible evidence of support from a substantial majority of each of the hapū of Whakatōhea; and
(b)that pending further order of the Court, it would be a breach of Ngāti Ira’s tikanga as law and the trustees’ obligations to sign the Settlement Deed in the absence of credible evidence of support from a substantial majority of each of the hapū of Whakatōhea.
[2] The application is supported by other hapū of Te Whakatōhea – Ngāti Ruatakenga, Ngāi Tamahaua and Te Upokorehe. The application is opposed by the Crown, WPCT and the Trustees of Te Tāwharau o Whakatōhea.
[3] The signing of the Settlement Deed is scheduled for this Saturday, 27 May being the 183rd anniversary of the signing of Te Tiriti o Waitangi by Whakatōhea and the Crown. The signing will involve the settlement of claims that have…
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- Hata v Attorney-General [2023] NZHC 1255
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