Taua v Tahi Enterprises Limited

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

SC 9/2021
[2021] NZSC 88

BETWEEN	TE WARENA TAUA, GEORGE HORI WINIKEREI TAUA, NGARAMA WALKER, HAMUERA TAUA AND MIRIAMA TAMAARIKI AS TRUSTEES OF TE KAWERAU IWI TRIBAL AUTHORITY First Applicants
AND	TE WARENA TAUA, GEORGE HORI WINIKEREI TAUA, NGARAMA WALKER, HAMUERA TAUA AND MIRIAMA TAMAARIKI AS TRUSTEES OF TE KAWERAU IWI SETTLEMENT TRUST Second Applicants
AND	TAHI ENTERPRISES LIMITED First Respondent
AND	DIANNE LEE Second Respondent

Hearing:	18 May 2021
Court:	William Young, Glazebrook and Williams JJ
Counsel:	K J Crossland, M K Mahuika and J S Langston for Applicants M Heard and C Upton for Respondents
Judgment:	15 July 2021

JUDGMENT OF THE COURT

ALeave to appeal is granted (Taua v Tahi Enterprises Ltd [2020] NZCA 639).
BThe approved question is whether the Court of Appeal was correct to dismiss the appeal.

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REASONS

The objective of the High Court Rules 2016, pursuant to which the discovery orders at issue in this appeal were made, is to secure the just, speedy and inexpensive determination of proceedings.[1] This Court is empowered to make any order or grant any relief that would have been available to the Court of Appeal.[2] That Court, in turn, is empowered to make any order which ought to have been made in the High Court and to make any other orders the case may require.[3] Having heard from the parties in relation to leave, this Court is of the view that questions of who is entitled to speak for whom are inherent in the issues arising in the appeal. It may, therefore, be necessary for the Court to consider whether the matter of representation orders first considered by Lang J[4] should now be revisited; that is, whether representation orders may provide a more just and speedy means of resolving the real controversy between the parties than would discovery orders.
[1]High Court Rules 2016, r 1.2.
[2]Senior Courts Act 2016, s 79(1)(a).
[3]Section 56(2); and Court of Appeal (Civil) Rules 2005, r 48(4).
[4]Tahi Enterprises Ltd v Taua [2018] NZHC 516.
This Court will be assisted by hearing from counsel in relation to that matter when the appeal is heard, in addition to any other submissions counsel may wish to advance.
This Court will be sitting in Auckland during the week beginning 15 November 2021. It is appropriate that this appeal be heard in Auckland. The Registrar is requested to set this appeal down for a one-day fixture during that week.

Solicitors:
Shieff Angland, Auckland for Applicants
Lee Salmon Long, Auckland for Respondents

CaseChat Overview and Summary

The Supreme Court of New Zealand heard an appeal from the Court of Appeal concerning a dispute between Te Warena Taua, George Hori Winikere Taua, Ngarama Walker, Hamuera Taua, Miriama Tamaariki as trustees of Te Kawerau Iwi Tribal Authority, and Tahi Enterprises Limited, represented by Dianne Lee. The applicants sought leave to appeal against the dismissal of their appeal, which pertained to the discovery orders made by the High Court. The Court of Appeal had dismissed the applicants' appeal, and the applicants now sought to appeal that decision to the Supreme Court.

The central legal issue in this case was whether the Court of Appeal was correct in dismissing the applicants' appeal. In particular, the applicants challenged the discovery orders made by the High Court, which they argued were not appropriate given the nature of the dispute and the objectives of the High Court Rules 2016. The applicants argued that the discovery orders were not the most just, speedy, or inexpensive means of resolving the real controversy between the parties.

The Supreme Court granted leave to appeal and decided to revisit the issue of representation orders, which had previously been considered by Lang J in Tahi Enterprises Ltd v Taua. The Court was of the view that representation orders might provide a more just and speedy means of resolving the real controversy between the parties than the discovery orders. The Supreme Court requested that the matter be heard in Auckland during the week beginning 15 November 2021, and the Registrar was requested to set the appeal down for a one-day fixture during that week.

The Supreme Court's decision to grant leave to appeal and to revisit the issue of representation orders represents an important step in resolving the dispute between the parties. The outcome of the appeal will have significant implications for the parties involved and may set a precedent for future cases involving discovery orders and representation orders in New Zealand.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established