IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
CIV-2014-485-2915 [2014] NZHC 1128
UNDER the Judicature Amendment Act 1972 BETWEEN
MITA MICHAEL RIRINUI Plaintiff
AND
LANDCORP FARMING LIMITED First Defendant
THE MINISTER OF STATE-OWNED ENTERPRISES and THE MINISTER OF FINANCE
Second Defendants
THE ATTORNEY-GENERAL Third Defendant
Hearing: 15-16 April 2014 Counsel:
A N Isac and J P Koning and G M Richards for Plaintiff
S A Barker and L M Brazier for First Defendant
J R Gough and S J Humphrey for Second and Third DefendantsJudgment:
26 May 2014
INTERIM JUDGMENT OF WILLIAMS J
[1] Landcorp is the vendor in an unconditional agreement for the sale of one of its dairy farms Whārere Farm to a private third party Micro Farms Ltd (Micro Farms). Whārere Farm is a 404 ha operation situated in mid-coastal Bay of Plenty between Te Puke and Matatā. The land title carries a standard resumption memorial pursuant to s 27B of the State-owned Enterprises Act 1986 (the SOE Act). The sale will settle on 30 May 2014.
[2] Ngāti Whakahemo claims mana whenua in respect of the land in question.
Ngāti Whakahemo wants Whārere Farm back as part of its Treaty settlement
RIRINUI v LANDCORP FARMING LIMITED & ORS [2014] NZHC 1128 [26 May 2014]
package, saying this is the only Crown-related land still available within its traditional rohe. They say it is an asset that is not substitutable.
[3] Ngāti Whakahemo has an application for resumption currently before the Waitangi Tribunal. I understand a judicial conference was to be held by the Tribunal on 19 May 2014 in relation to the application but I do not know where matters have got to since. Ngāti Whakahemo wants the proposed Landcorp sale stopped.
[4] Ngāti Whakahemo sues:
(a) Landcorp – arguing that:
(i) the company is subject to s 9 of the SOE Act; and
(ii)by pursuing this sale, Landcorp is in breach of its s 9 obligations.
Alternatively, it is argued that the factual matrix of the sale process gives rise to a legitimate expectation that while Ngāti Whakahemo was in discussions with Landcorp over the land, Landcorp would not sell to anyone else.
(b)Landcorp’s shareholding Ministers – arguing that: (i) they are unquestionably subject to s 9; and
(ii)they should have used their powers as shareholders to step in to prevent Landcorp from selling;
(c) the Attorney-General on behalf of the Office of Treaty Settlements (OTS) arguing that OTS made an error of law in mistakenly concluding that Ngāti Whakahemo’s claims had been settled. This, the applicant says, is the original sin tainting all subsequent acts and omissions of the Crown Ministers and Landcorp.
[5] Landcorp responds that:
(a) it is not the Crown and s 9 does not apply to it; and
(b)discussions between Ngāti Whakahemo and Landcorp at the time of the sale did not provide any basis for the expectation alleged.
[6] The Crown collectively responds that:
(a) decisions around Treaty settlements are political and not amenable to judicial review;
(b)the…
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- [2014] NZHC 1128
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