Kennedy v Roberts [2018] NZHC 370 (9 March 2018)

Last Updated: 26 March 2018

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY I TE KŌTI MATUA O AOTEAROA TE ROTORUA-NUI-Ā-KAHU ROHE

CIV-2017-463-69 [2018] NZHC 370

UNDER	the Judicial Review Procedure Act 2016 and Part 30 of the High Court Rules
BETWEEN	KENNETH CAMERON KENNEDY Applicant
AND	RON ROBERTS, KAHUARIKI HANCOCK, PAERARO AWHIMATE, BLANCE REWITI, WILLIE EMERY, MANU MALCOLM, CHRIS CLARKE, PUNOHU MCCAUSLAND AND HURU MAIKA AS TRUSTEES OF TE KOTAHITANGA O TE ĀRAWA WAKA FISHERIES TRUST BOARD Respondents

Hearing:	On the papers
Appearances:	P Cornege for the Applicant K Tahana and A T Hurihanganui for the Respondents
Judgment:	9 March 2018

JUDGMENT OF WOODHOUSE J

Solicitors:

Mr P Cornege, Barrister, Hamilton

Ms D Hall (applicant’s solicitor), Woodward Law Offices, Lower Hutt Ms K Tahana and Mr A T Hurihanganui, Kahui Legal, Rotorua

KENNEDY v ROBERTS [2018] NZHC 370 [9 March 2018]

[1] In this proceeding the applicant, Dr Kennedy, sought a declaration that he is the legitimately elected representative of Ngāti Rangiteāorere on the Te Kotahitanga o Te Arawa Waka Fisheries Trust Board (the Trust Board).

[2] The parties have now made a joint application for a declaration as to the validity of the election of Dr Kennedy. The application is supported by an agreed statement of facts and two memoranda of counsel fully addressing questions of fact and relevant law.

[3] I am satisfied that there is jurisdiction to make the declaration sought and that, having regard to relevant legal principles outlined in the memoranda, and the agreed facts, it is expedient and appropriate to make the declaration.

[4] Counsel agree that, in the circumstances, it is unnecessary to set out reasons in this judgment.

Formal declaration

[5] There is a declaration that the election of the applicant, Kenneth Cameron Kennedy, in 2016 is valid notwithstanding that he was approved as a “Registered Beneficiary” of the Trust Board after that date.









Woodhouse J