Hutitu v Attorney-General [2023] NZHC 1769 (7 July 2023)

Last Updated: 26 July 2023

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2021-485-157 to 166 CIV-2021-485-169 to 174 [2023] NZHC 1769

BETWEEN	LEON HURITU and ORS Plaintiffs
AND	THE ATTORNEY-GENERAL First Defendant THE CHIEF EXECUTIVE, ARA POUTAMA THE DEPARTMENT OF CORRECTIONS Second Defendant

Hearing:	5 July 2023
Appearances:	N Thrupp for Plaintiffs 157 (Mr Huritu), 159 to 162 (Mr Ranapia, Mr Taite, Mr Cuff, Mr Paul), 164 and 165 (Mr Haere and Mr Tuilotolava), 173 and 174 (Mr Te Hau and Mr Larkins) A Ngapo and G Whata via VMR for Plaintiff 171 (Mr Ronaki) D Jones and S Cvitanovich for Defendants
Judgment:	7 July 2023

JUDGMENT OF ASSOCIATE JUDGE SKELTON

[Results]

[1] This is a results judgment in the above proceedings. Given the urgency of the matter, I indicated to the parties at the hearing that a results judgment would be issued on Friday 7 July 2023 and that a reasons judgment would be issued in due course.

[2] The plaintiffs apply by way of interlocutory application for orders that evidence which was due to be filed and served on 21 May 2023 be accepted for filing

HURITU v THE ATTORNEY-GENERAL [2023] NZHC 1769 [7 July 2023]

and for use at the substantive hearing of the plaintiffs’ claims which commences on 14 August 2023.

[3] The relevant expert evidence and filing dates (between 29 May 2023 and 8 June 2023) are set out in sch 1 to the plaintiffs’ interlocutory application dated 13 June 2023.

[4] There is a separate interlocutory application by Mr Ronaki dated 23 June 2023 in respect of Mr Ronaki’s brief of evidence and a cultural report on him which were filed and served on 23 June 2023.

[5] The plaintiffs’ application arises because the plaintiffs breached an unless order made by Isac J on 3 May 2023 requiring the plaintiffs to file and serve their evidence in support of their claims on or before 21 May 2023.¹ The order provided as follows:

[13] Accordingly, unless the plaintiffs file and serve their evidence in support of their claims on or before 21 May 2023, they are debarred from adducing evidence in support of their proceedings without leave of the court. Before leave can be granted, an interlocutory application and supporting evidence will be required. In issue will be the reasons for the failure to file evidence in accordance with the timetable and whether any delay is properly attributable to the plaintiffs or their counsel.

[6] At the hearing on 5 July 2023, Mr Jones, for the defendants, confirmed that the defendants only oppose leave being granted in respect of the psychological reports in sch 1, being items 8, 9, 17, 18, 19, 23, and 24.

[7] Mr Jones also confirmed that the defendants do not oppose leave being granted in respect of Mr Ronaki’s brief of evidence and the cultural report on him.

[8] Having considered the plaintiffs’ applications and having heard from counsel, I am satisfied that the plaintiffs should be relieved of the consequences of the unless order and granted leave to adduce the relevant evidence in support of their claims at trial.²

¹ Minute (No. 7) of Isac J dated 3 May 2023 at [13].

² SM v LFDB [2004] NZCA 326, [2014] 3 NZLR 494 at [31].

[9] The formal orders are as follows:

(a) Mr Huritu, Mr Ranapia, Mr Taite, Mr Cuff, Mr Haere, Mr Tuilotolava, Mr Te Hau, Mr Larkins and Mr Paul are granted leave to adduce the evidence set out in sch 1 to the plaintiffs’ interlocutory application dated

13 June 2023 in support of their respective claims at the trial commencing on 14 August 2023;

(b) Mr Ronaki is granted leave to adduce his brief of evidence and the cultural report on him filed and served on 23 June 2023 at the trial commencing on 14 August 2023;

(c) the defendants may file and serve their evidence in response to the plaintiffs’ evidence referred to in 9(a) and 9(b) as follows:

(i) in respect of the plaintiffs’ evidence in sch 1 filed and served on 29 May 2023, by Monday 31 July 2023;

(ii) in respect of the plaintiffs’ evidence in sch 1 filed and served on 5 June 2023, by Friday 4 August 2023;

(iii) in respect of the plaintiffs’ evidence in sch 1 filed and served on 8 June 2023, by Tuesday 8 August 2023;

(iv) in respect of Mr Ronaki’s brief of evidence and the cultural report on him, by Tuesday 8 August 2023.

(d) Costs are reserved.

Associate Judge Skelton

Solicitors and counsel:

Phoenix Law Ltd, Wellington for plaintiffs Crown Law Office, Wellington for defendants