IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2017-404-0435
[2019] NZHC 630
BETWEEN TAHI ENTERPRISES LIMITED
First Plaintiff
DIANNE LEE
Second PlaintiffAND
TE WARENA TAUA and MIRIAMA
TAMAARIKI as executor of the estate of HARIATA ARAPO EWE
First DefendantsCont…/2
Hearing: 22 March 2019 Appearances:
C Upton for the Plaintiffs
K J Crossland for the Second and Third Defendants
Judgment:
29 March 2019
JUDGMENT OF ASSOCIATE JUDGE SMITH
This judgment was delivered by me on 29 March 2019 at 11.00am, pursuant to r 11.5 of the High Court Rules
Registrar/Deputy Registrar
Solicitors / Counsel:
LeeSalmonLong, Auckland Shieff Angland, Auckland
TAHI ENTERPRISES LTD v TAUA [2019] NZHC 630 [29 March 2019]
TE WARENA TAUA, GEORGE HORI WINIKEREI TAUA, NGARAMA WALKER, HAMUERA TAUA and
MIRIAMA TAMAARIKI as trustees of the TE KAWERAU IWI TRIBAL
AUTHORITY
Second Defendants
TE WARENA TAUA, GEORGE HORI WINIKEREI TAUA, NGARAMA WALKER, HAMUERA TAUA and
MIRIAMA TAMAARIKI as trustees of the TE KAWERAU SETTLEMENT TRUST
Third Defendants
[1] On 18 December 2018 I gave a reserved judgment (the judgment) on an application by the plaintiffs for discovery before action.1 The application, which was primarily based on r 8.20 of the High Court Rules, sought discovery of the register of members of Te Kawerau Ā Maki Iwi (the Iwi). The plaintiffs' purpose in making the application was to ascertain the names of all Iwi members, so that they could be joined as additional defendants in the proceeding.
[2] In the judgment, I ordered the second and third defendants (the Trustees) to discover the register of members, but I directed that the register when produced for inspection was to have the names of all Iwi members who were either unborn or under the age of 18 as at 27 June 2007 (the Under 18's) redacted.
[3] The Trustees now apply for leave under s 56(3) of the Senior Courts Act 2016 (the Act) for leave to appeal against the judgment. The plaintiffs have responded with an application for leave to cross-appeal, contending that I erred in deciding that the names and addresses of the Under 18's should be redacted from the register of members the Trustees were ordered to disclose.
Applications for leave to apply against interlocutory decisions in the High Court
[4]Section 56 of the Act materially provides:
56 Jurisdiction
…
(3)No appeal, except an appeal under subsection (4), lies from any order or decision of the High Court made on an interlocutory application in respect of any civil proceeding unless leave to appeal to the Court of Appeal is given by the High Court on application made within 20 working days after the date of that order or decision or within any further time that the High Court may allow.
…
(5)If the High Court refuses leave to appeal under subsection (3), the Court of Appeal may grant that leave on application made to the Court of…
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- Case
- [2019] NZHC 630
- Decision Date
CaseChat Overview and Summary
The final orders were that the Trustees were to file and serve their appeal within 10 working days, and the plaintiffs were to commence their cross-appeal within 10 working days of service on them of the Trustees' appeal. The costs on the respective leave applications were reserved.
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