Ngati Hurungaterangi v Ngati Wahiao
[2014] NZCA 592
•4 December 2014 at 11:30am
| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA592/2014 [2014] NZCA 592 |
| BETWEEN | NGĀTI HURUNGATERANGI, NGĀTI TAEOTU ME NGĀTI TE KAHU O NGĀTI WHAKAUE |
| AND | NGĀTI WĀHIAO |
| Hearing: | 25 November 2014 |
Court: | Randerson, Harrison and White JJ |
Counsel: | D J Goddard QC and J P Kahukiwa for Applicants |
Judgment: | 4 December 2014 at 11:30am |
JUDGMENT OF THE COURT
A Special leave to appeal is granted to the applicants pursuant to art 5(6) of the Second Schedule of the Arbitration Act 1996 against the refusal of the High Court by judgment dated 29 April 2014 to grant leave to appeal on questions of law arising from the interim award of an arbitral tribunal (the Panel) delivered on 7 June 2013.
BThe questions of law are:
1 Did the Panel err in law in:
(a) failing to make findings (supported by reasons) as to who the beneficial owners of the lands at issue were pre-1893?
(b) failing to determine the parties’ claims to the lands having regard to those findings?
(c) allocating beneficial ownership of the lands according to broad conceptions of fairness, rather than identifying the persons entitled to beneficial ownership of the lands?
2Did the Panel err in law in finding that Crown purchases of individualised interests in the lands after 1893 resulted in loss of the mana whenua of the hapu in respect of those lands?
3Did the Panel err in law by treating Crown purchases of individualised interests in land post-1893 as a relevant consideration in determining the dispute before it?
4Did the Panel err in law in its approach to s 348 of the Te Ture Whenua Maori Act 1993?
CThe proceeding is remitted to the High Court to determine the applicants’ appeal on the identified questions of law in accordance with the application for special leave dated 17 October 2014.
D The applicants are entitled to costs against the respondent for a standard application on a Band B basis with usual disbursements.
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Solicitors:
Corban Revell Lawyers, Auckland for Applicants
Phil Mitchell, Wellington for Respondent
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