Poutama Kaitiaki Charitable Trust v Taranaki Regional Council

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

SC 31/2021
[2021] NZSC 153

BETWEEN	POUTAMA KAITIAKI CHARITABLE TRUST AND D & T PASCOE Applicants
AND	TARANAKI REGIONAL COUNCIL First Respondent NEW PLYMOUTH DISTRICT COUNCIL Second Respondent NEW ZEALAND TRANSPORT AGENCY Third Respondent

Court:	William Young, Glazebrook and O’Regan JJ
Counsel:	H P Harwood for First and Second Respondents P T Beverley, D G Allen and T J Ryan for Third Respondent P F Majurey and V N Morrison-Shaw for Te Rūnanga o Ngāti Tama Trust as Interested Party
Judgment:	8 November 2021

JUDGMENT OF THE COURT

The application for recall of this Court’s judgment of 15 July 2021 (Poutama Kaitiaki Charitable Trust v Taranaki Regional Council [2021] NZSC 87) as reissued on 23 September 2021 is dismissed.

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REASONS

Poutama Kaitiaki Charitable Trust filed with the Court a memorandum which, in effect, seeks the recall of our decision of 15 July 2021 as reissued on 23 September 2021.[1] Nothing is advanced in the memorandum which would warrant that course of action. Accordingly, the application is dismissed.
[1]Poutama Kaitiaki Charitable Trust v Taranaki Regional Council [2021] NZSC 87.

Solicitors:

Buddle Findlay, Wellington for Respondents and Te Rūnanga o Ngāti Tama Trust

CaseChat Overview and Summary

The Poutama Kaitiaki Charitable Trust, along with D & T Pascoe, sought to recall a decision of the Supreme Court of New Zealand, which had been previously made in their favour. The Taranaki Regional Council, New Plymouth District Council, and New Zealand Transport Agency were the respondents in this case, with Te Rūnanga o Ngāti Tama Trust acting as an interested party. The case was presided over by Justices William Young, Glazebrook, and O’Regan. The legal issues at the heart of this case centred on whether the Supreme Court's decision of 15 July 2021, which was reissued on 23 September 2021, should be recalled by the applicants.

The Supreme Court found that there were no grounds to warrant the recall of the earlier decision. The applicants had submitted a memorandum seeking to recall the decision, but the Court found that it did not contain any new arguments or evidence that would justify such an action. The Court held that the decision was final and that the application for recall was dismissed accordingly. The Court's decision was based on the lack of merit in the applicants' arguments and the absence of any new information that would warrant reconsideration of the previous decision.

In dismissing the application for recall, the Supreme Court upheld its earlier decision. The Court found that the applicants had not provided sufficient grounds to warrant the recall of the previous judgment. The decision of the Court was based on the merits of the case and the arguments presented by the parties at the time of the initial decision. The Court's decision was final and binding on the parties involved in the case. The Supreme Court's decision was a clear and definitive end to the matter, and there were no further appeals or reconsiderations available to the applicants.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established