Horowhenua 11 (Lake) Part Reservation Trust v Taueki

[2017] NZHC 379

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

CIV-2016-454-38 [2017] NZHC 379

IN THE MATTER OF

an application of an arrest order pursuant

to Part 17, Subpart 7 of the High Court
Rules

BETWEEN

HOROWHENUA 11 (LAKE) PART RESERVATION TRUST

Entitled Party

AND

PHILIP DEAN TAUEKI Liable Party

On thepapers:
Counsel:	P D Taueki in person
Judgment:	8 March 2017

JUDGMENT OF CLARK J

[1]      Mr Taueki’s urgent documents seeking a stay of execution and extension of time for appeal were filed in the High Court on 3 March 2017.  These documents were brought to my attention at 3 pm on 7 March 2017.

[2]      Mr Taueki appears to challenge two decisions.  The first is a decision of the Maori Land Court issued 4 November 2015.1     The second is a judgment in the High Court dated 17 January 2017 approving an application by Horowhenua 11

(Lake) Part Reservation Trust for an arrest order against Mr Taueki.2

1      Horowhenua 11 (Lake) Part Reservation Trust v Taueki – The Horowhenua 11 (Lake) Block

(2015) 343 Aotea MB 254 (343 AOT 254) MLC Aotea (2015) 343 Aotea MB 254, 4 November

2015.

2      Horowhenua 11 (Lake) Part Reservation Trust v Taueki [2017] NZHC 4.

HOROWHENUA 11 (LAKE) PART RESERVATION TRUST v TAUEKI [2017] NZHC 379 [8 March 2017]

Appeal against Maori Land Court Decision

[3]      Mr  Taueki’s  appeal  against  an  injunction  was  dismissed  by  the  Maori

Appellate Court on 12 April 2016.3

[4]      The Te Ture Whenua Maori Act 1993 provides further rights of appeal of a Maori Appellate Court decision.  Section 58A provides a right to appeal to the Court of Appeal.  Section 58B allows direct appeal to the Supreme Court from the Maori Appellate Court in exceptional circumstances.

[5]      An appeal of the Maori Appellate Court decision dated 12 April 2016, or, in the case of appeal to the Supreme Court an application for leave to appeal, needed to be lodged in the Court of Appeal or Supreme Court within 20 working days after the date of the decision.4  This date expired on 11 May 2016. No appeal was lodged.

[6]      Any application for an extension of time must be made to the Court of Appeal pursuant to r 29A of the Court of Appeal (Civil) Rules 2005, or to the Supreme Court under Supreme Court Rules 2004, r 11(5).

Appeal against arrest order

[7]      To  the  extent  Mr  Taueki  wishes  to  appeal  the  High  Court  decision  of

17 January 2017, such an application must be brought in the Court of Appeal within

20 working days after the date of the decision against which the party wishes to appeal.5 This period expired on 15 February 2017.

[8]      The High Court is unable to grant an extension of time in which to file an application  in  the  Court  of  Appeal  where  an  appeal  is  of  right.  Mr  Taueki’s application for an extension of time to file an appeal must be made to the Court of

Appeal.6

3      Taueki v Horowhenua 11 Part Reservation Trust – Horowhenua 11 (Lake) Block (2016) Maori

Appellate Court MB 184 (2016 APPEAL 184).

4      Court of Appeal (Civil) Rules 2005, r 29A; Supreme Court Rules 2004, r 11.

5      Court of Appeal (Civil) Rules 2005, r 29.

6      Court of Appeal (Civil) Rules 2005, r 29A.

[9]      A stay of enforcement may be granted by the High Court where a substantial miscarriage of justice would be likely to result if the judgment were enforced.7

[10]     Mr Taueki has had ample time to lodge an appeal against the arrest order.  It was in recognition of the ex parte nature of the application before me that I directed that an arrest order could not be issued until 10 March 2017, some six weeks after my judgment.

[11]     Mr Taueki has not met the threshold for a stay of the arrest order and I

decline to grant a stay in those circumstances.

Result

[12]     The orders sought by Mr Taueki must be declined.

Karen Clark J

Solicitors:

Fitzherbert Rowe, Palmerston North for Entitled Party

7      High Court Rules 2016, r 17.29.