Trustees of the Tauwhao Te Ngare Trust v Shaw

[2015] NZCA 345

IN THE COURT OF APPEAL OF NEW ZEALAND

CA54/2015
[2015] NZCA 345

BETWEEN	THE TRUSTEES OF THE TAUWHAO TE NGARE TRUST Appellant
AND	DONALD SHAW Respondent

Court:

Stevens, Miller and Winkelmann JJ

Counsel:

J B Orpin for Appellant
Respondent (in person)

Judgment:

(On the papers)

31 July 2015 at 2.00 pm

JUDGMENT OF THE COURT

AThe application for an extension of time is granted.  The appellants will have an extension until 20 August 2015 to file the case on appeal and apply for a hearing date.

BThere is no order as to costs.

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REASONS OF THE COURT

(Given by Miller J)

1. The appellants move under r 43 of the Court of Appeal (Civil) Rules 2005 for an extension of time to file a case on appeal and seek a hearing date.  Their application was made two weeks after the expiration of the three month period in which to do so.  The error was attributable to an oversight on the part of their solicitor.

2. The respondent, Mr Shaw, opposes, asserting that he is prejudiced and that the appeal is hopeless. 

3. With respect to the first of those points, he points to prejudice of a general kind from the litigation but none that is attributable to the short period of delay.

4. With respect to the second point, Mr Shaw says in substance that the Māori Appellate Court made a sensible and obvious decision in the exercise of discretion.  However, there is a question whether the Māori Land Court had jurisdiction to make the original roadway order and, if not, whether the order could be sustained on appeal to the Māori Appellate Court.  It cannot be said that the appeal is hopeless.

5. That being so, the application for an extension of time is granted.  The appellants must file the case on appeal and apply for a hearing date on or before
   20 August 2015.

6. The respondent being self-represented, there will be no order as to costs.

Solicitors:
Koning Webster Lawyers, Papamoa for Appellant