Whakat�hea Kotahitanga Waka v Te K�hui Takutai Moana o Ng� Wh�nui Me Nga Hap�

The case before the Court of Appeal is an application by Whakatōhea Kotahitanga Waka (WKW) for a stay of the High Court's decision in Re Edwards (Te Whakatōhea No. 2) pending the outcome of their appeals. WKW sought the stay to prevent the High Court from proceeding with the Stage 2 hearing to determine the terms of the orders granting customary marine titles (CMTs) to the successful applicants. The appeal was opposed by Te Kāhui Takutai Moana o Ngā Whānui Me Nga Hapū, the successful applicants in the High Court decision.

The legal issues before the Court were whether the Court of Appeal should grant a stay of the High Court's decision and Stage 2 hearing pending the outcome of WKW's appeals. The Court had to balance the rights of the successful applicants to the fruits of the High Court's judgment against the need to preserve the position in case the appeal was successful.

The Court of Appeal declined the stay application. The Court found that WKW's appeals would not be rendered nugatory if a stay was not granted. The Court also found that the successful applicants would be prejudiced if the Stage 2 hearing was stayed. The Court found that the balance of convenience fell against WKW. The Court noted that section 113 of the Marine and Coastal Area (Takutai Moana) Act 2011 provided that recognition orders could not be sealed before any appeals had been disposed of, but that did not mean the Stage 2 hearing should be stayed.

The Court of Appeal declined the application for a stay. The Court noted that if questions of costs arose, they should be addressed separately.