Ngati Hurungaterangi v Ngati Wahiao [2014] NZCA 592 (4 December 2014)

Last Updated: 12 December 2014

IN THE COURT OF APPEAL OF NEW ZEALAND
CA592/2014 [2014] NZCA 592
BETWEEN	NGĀTI HURUNGATERANGI, NGĀTI TAEOTU ME NGĀTI TE KAHU O NGĀTI WHAKAUE Applicants
AND	NGĀTI WĀHIAO Respondent

Hearing:	25 November 2014
Court:	Randerson, Harrison and White JJ
Counsel:	D J Goddard QC and J P Kahukiwa for Applicants F E Geiringer for Respondent
Judgment:	4 December 2014 at 11:30am

JUDGMENT OF THE COURT

1. Special leave to appeal is granted to the applicants pursuant to art 5(6) of the Second Schedule of the Arbitration Act 1996 against the refusal of the High Court by judgment dated 29 April 2014 to grant leave to appeal on questions of law arising from the interim award of an arbitral tribunal (the Panel) delivered on 7 June 2013.
2. The questions of law are:

1 Did the Panel err in law in:

(a) failing to make findings (supported by reasons) as to who the beneficial owners of the lands at issue were pre-1893?

(b) failing to determine the parties’ claims to the lands having regard to those findings?

(c) allocating beneficial ownership of the lands according to broad conceptions of fairness, rather than identifying the persons entitled to beneficial ownership of the lands?

2. Did the Panel err in law in finding that Crown purchases of individualised interests in the lands after 1893 resulted in loss of the mana whenua of the hapu in respect of those lands?
3. Did the Panel err in law by treating Crown purchases of individualised interests in land post-1893 as a relevant consideration in determining the dispute before it?
4. Did the Panel err in law in its approach to s 348 of the Te Ture Whenua Maori Act 1993?

100. The proceeding is remitted to the High Court to determine the applicants’ appeal on the identified questions of law in accordance with the application for special leave dated 17 October 2014.

4. The applicants are entitled to costs against the respondent for a standard application on a Band B basis with usual disbursements.

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Solicitors:
Corban Revell Lawyers, Auckland for Applicants
Phil Mitchell, Wellington for Respondent