IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2017-404-0435
[2018] NZHC 3372
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:
Further Submissions:
6 July 2018
26 November 2018 and 29 November 2018
Appearances:
D M Salmon and C Upton for the Plaintiffs
K J Crossland and A Alipour for the Defendants
Judgment:
18 December 2018
JUDGMENT OF ASSOCIATE JUDGE SMITH
This judgment was delivered by me on 18 December 2018 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 [2018] NZHC 3372 [18 December 2018]
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
TABLE OF CONTENTS
Para No.
The parties [3]
The plaintiffs' claims [10]
The judgment of Lang J [29]
The plaintiffs' March 2018 claim [35]
Statements of defence to the plaintiffs'March 2018 claim by the second
and third defendants [45]
The second defendants' defence [45]
The third defendants' defence [53]
The plaintiffs' replies [55]
The third defendants' strike-out application [62]
The plaintiffs' draft amended statement of claim [64]
The plaintiffs' discovery application [75]
The notice of opposition [76]
Do the rules referred to by the plaintiffs confer jurisdiction to make
the discovery orders sought? [80]
The parties' arguments on the issue of jurisdiction under r 8.20 [85]
The plaintiffs [85]
The second and third defendants [90]
My conclusions on the r 8.20 jurisdiction issue [94]
The Norwich Pharmacal jurisdiction [99]
The cases decided under r 8.20 [106]
The parties' Norwich Pharmacal arguments [112]
The plaintiffs [112]
The second and third defendants [127]
Plaintiffs' submissions in reply [145]
DISCUSSION AND CONCLUSIONS [149]
Application to stay any order pending the hearing and determination of
the third defendants' strike-out application [207]
Result [208]
[1] The plaintiffs wish to sue, as additional defendants in this proceeding, the individual members of the Te Kawerau Ā Maki Iwi (the Iwi). They do not have access to the register of members of the Iwi, and they now apply for pre-commencement discovery of that register (or registers) so that they can identify the members and add them as parties. That application is opposed by the second and third defendants, against whom the discovery orders are sought.
[2] An earlier application by the plaintiffs for an order under r 4.24 of the High Court Rules appointing the third defendants as the representatives of all affected Iwi members was dismissed by Lang J in a judgment delivered on 26 March 2018 (the representation judgment).1
The parties
[3] The first plaintiff (Tahi) is an Auckland-based incorporated company.…
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- Tahi Enterprises Ltd v Taua [2018] NZHC 3372
- Case
- [2018] NZHC 3372
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CaseChat Overview and Summary
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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