Te Ara Rangatu O Te Iwi O Ngati Te Ata Waiohua Incorporated v Attorney-General

Te Ara Rangatu o te Iwi o Ngati Te Ata Waiohua Incorporated and Riki Minhinnick, collectively referred to as the plaintiffs, sought an adjournment of the trial against the Attorney General, New Zealand Steel Limited, and Waikato North Head Mining Limited. The plaintiffs' application for adjournment primarily rested on their assertion that they were not ready for the hearing due to ongoing funding difficulties. They argued that without proper funding, they could not adequately prepare their witnesses for the trial. The plaintiffs also contended that the claim involved grievances spanning over 156 years and that a further adjournment would cause them significant prejudice, whereas the defendants would not be prejudiced. The court considered the application under the relevant rules and principles governing adjournments, emphasizing the overarching consideration of the interests of justice. The court noted that the proceeding had been marked by the plaintiffs' failure to advance the case satisfactorily and their non-compliance with previous directions. Despite the plaintiffs' historical grievances, the court found that further adjournments would undermine the objectives of the rules and the interests of other parties before the court. The court concluded that the application for adjournment was not in the interests of justice and dismissed the application. The trial proceeded as scheduled on 4 June 2019, with the time for the filing and service of opening statements extended to 3.00 pm on 31 May 2019. The defendants were awarded costs on the application on a 2B basis.