Thompson v Treaty of Waitangi Fisheries Commission CA247/03

The Court of Appeal of New Zealand was asked to decide the appeal brought by Horatio Thompson against the Treaty of Waitangi Fisheries Commission and others. The case concerned the Commission's recommendation in He Kawai Amokura for the establishment of a trust, Te Putea Whakatupu Trust (the Putea), which was designed to deal with the situation of those who are not able to or do not wish to access the settlement through their iwi. The central question for this appeal was whether McGechan J was correct to hold that the purposes of the Putea were confined to fisheries related objects, and in particular as to the quantum of assets to be allocated to it. The Court found that McGechan J was correct to hold that the purposes of the Putea were confined to fisheries related objects. The Court also found that McGechan J was correct to uphold the Putea in relation to the quantum of assets to be allocated to it. The Court therefore dismissed the appeal.