IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV-2019-485-545
[2021] NZHC 723
BETWEEN LIANA HUIA POUTU, WHAREHOKA CRAIG ROBERT WANO, TANYA KIM SKELTON, SHELLEY JANE KOPU, AMOKURA HUIA ANGELINE PANOHO, DAMON PAUL RITAI AND HOWARD KEVIN TAMATI
Plaintiffs
AND
ATTORNEY-GENERAL
Defendant
Hearing: 14-15 September 2020 Appearances:
R J B Fowler QC for Plaintiffs
C Tyson and A Goosen for Defendant
Judgment:
1 April 2021
JUDGMENT OF CLARK J
Introduction
[1] The plaintiffs are the current trustees of Te Kotahitanga o Te Atiawa Trust, the lawfully mandated post-settlement governance entity for the iwi of Te Atiawa (the Trust). The trustees bring this proceeding to implement a deed of settlement of a Treaty claim. Specifically, the trustees seek to enforce the terms of the deed which on its face applies a 20 per cent reduction from market value on all 51 properties that the trustees may elect to purchase under the deed.
[2] The Crown’s case is that properly interpreted the 20 per cent adjustment in the deed applies to a single property, the unimproved land on which the New Plymouth Courthouse is situated (the New Plymouth Courthouse or Courthouse). That is what
POUTU, WANO, SKELTON, KOPU, PANOHO, RITAI AND TAMATI v ATTORNEY-GENERAL [2021] NZHC 723 [1 April 2021]
the parties negotiated, and agreed, and Te Atiawa is estopped from advancing any contrary interpretation. Alternatively, the Crown seeks rectification.
[3] Te Atiawa concedes that with the exception of the New Plymouth Courthouse the 20 per cent adjustment did not feature in the settlement negotiations. Nevertheless, Te Atiawa says the provisions in the deed are unambiguous and it seeks enforcement of their terms. Te Atiawa resists the Crown’s estoppel defence and argues further that while the facts make the deed amenable to rectification, there are factors telling against the Court’s discretion to do so.
Overview
[4] The material facts are uncontested. Further specific matters the trustees do not contest are set out at [14].
[5] On 9 August 2014 Te Atiawa, the trustees and the Crown signed a Deed of Settlement of Historical Claims (settlement deed). The Te Atiawa Claims Settlement Act 2016 gave effect to certain provisions in the settlement deed.1
[6] In their respective submissions counsel refer throughout to “Te Atiawa”. Te Atiawa is “the collective group composed of individuals who are descended from 1 or more Te Atiawa tūpuna”.2 The trustees are the plaintiffs. They are also the persons upon whom the settlement deed confers obligations, powers and rights, such as the right to elect to purchase properties described in the deed. Nevertheless, to be consistent with the parties, by and large, I too will refer to “Te Atiawa” rather than “the trustees”.
[7] Under the terms of the settlement deed the trustees can elect to purchase certain properties at market value, less 20 per cent. The schedule of properties to which the 20 per cent reduction is said to apply lists 52 Ministry of Justice…
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- AGLC
- Poutu v Attorney-General [2021] NZHC 723
- Case
- [2021] NZHC 723
- Decision Date
CaseChat Overview and Summary
In summary, the Court found that the settlement deed should be interpreted to reflect the parties' common intention and agreement that the 20 per cent adjustment only applied to the New Plymouth Courthouse. The Court granted the Crown's application for rectification of the deed and made a declaration that the plaintiffs had acquired the relevant properties at the correct price. However, the Court found that costs should lie where they fell given the circumstances of the case.
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
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Ratio Decidendi
Legal Principle Established
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