IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV-2023-485-162
[2024] NZHC 2385
UNDER Part 30 of the High Court Rules AND UNDER
Section 2 of the Declaratory Judgments Act 1908 and the inherent jurisdiction of the Court
IN THE MATTER
of an application for judicial review of a decision made by or on behalf of the Minister for Treaty of Waitangi Negotiations
AND IN THE MATTER
of an application for a declaratory judgment
BETWEEN
MAUI SOLOMON, PAUL SOLOMON,
THOMAS LANAUZE, GRACE LEGROS
and SHARON WADSWORTH, as trustees of the MORIORI IMI SETTLEMENT
TRUST for and on behalf of IMI MORIORI Plaintiffs/Respondents
AND
ATTORNEY-GENERAL
First Defendant/First Applicant
DEENA WHAITIRI, MONIQUE CROON, MELODIE ERUERA-FRASER, JASON SEYMOUR, JOHN KAMO, DUANE
EMENY and THORNTON LANAUZE-
KING, as trustees of NGĀTI MUTUNGA O WHAREKAURI IWI TRUST for and on behalf of NGĀTI MUTUNGA O
WHAREKAURISecond Defendants/Second Applicants
Hearing: 1 November 2023 Appearances:
C J Griggs, P C Kelly and E A Whiley for Plaintiffs/Respondents D A Ward and C C McKay for First Defendant/First Applicant
T J Castle and T A Castle for Second Defendants/Second Applicants
SOLOMON, SOLOMON, LANAUZE, LEGROS and WADSWORTH, as trustees of the MORIORI IMI
SETTLEMENT TRUST for and on behalf of IMI MORIORI v ATTORNEY-GENERAL [2024] NZHC 2385
[26 August 2024]
Judgment: 26 August 2024
JUDGMENT OF McQUEEN J
Table of Contents
Para Nos
Introduction [1]
The context of this proceeding [6]
Moriori Imi and the Moriori Claims Settlement Act 2021 [9]
Ngāti Mutunga o Wharekauri and the AIP [16]
Treaty settlement processes [26]
The statement of claim [35]
The strike out applications [46]
Strike out: general principles [54]
Issues to be determined [63]
Preliminary issue [65]
Position of the parties in relation to strike out [70]
Discussion—strike out applications [76]
Applications for further initial disclosure, further particulars, and
security for costs [112]
Result [119]
Costs [124]
Introduction
[1] In this proceeding, Mr Maui Solomon and the other trustees of the Moriori Imi Settlement Trust, the post-settlement governance entity for imi Moriori (Moriori),1 apply for judicial review of the decision by the Minister of Treaty Negotiations to enter into an Agreement in Principle with Ngāti Mutunga o Wharekauri (the AIP) for the purpose of settling the historical claims of Ngāti Mutunga o Wharekauri under te Tiriti o Waitangi | the Treaty of Waitangi (the Treaty).
1 Imi is tā rē Moriori (the Moriori language) term for iwi.
[2] Moriori claim that the actions taken by the Crown to settle historical claims with Ngāti Mutunga o Wharekauri breach their rights under the Treaty, international law and tikane Moriori.2 Moriori seek an order setting aside the AIP and a declaration that it would be unlawful for the Crown to enter into a settlement with Ngāti Mutunga o Wharekauri containing certain redress. Moriori also seek declaratory relief relating to their customary rights and the Crown’s obligations under Article Two of the Treaty in relation to islands in the Rēkohu Group | Wharekauri |…
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- AGLC
- Solomon v Attorney-General [2024] NZHC 2385
- Case
- [2024] NZHC 2385
- Decision Date
CaseChat Overview and Summary
The Court found that the claim for judicial review and the relief sought to set aside the AIP were struck out as they engaged the principle of non-interference, as they would require the Court to dictate the bounds of what could be negotiated by the Crown in the settlement process. However, the Court also held that the claim for declaratory relief, asserting customary rights and interests, could be repleaded if it avoided breaching the principle of non-interference. The Court granted leave to the Moriori trustees to amend their statement of claim accordingly.
The Court also declined to grant security for costs, noting that the trustees were entitled to be indemnified from trust property when acting reasonably on behalf of the trust. The Court directed a timetable for the filing of the amended statement of claim, defences, and the scheduling of the matter for hearing. Costs were ordered to follow the event.
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
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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