John Douglas Tamati Te Hoko-Whitu-Atu Hauraki as trustee of the Ngawapurua and Rua Roa Trusts  v Richard Tatere - SC 134/2014

Summary

Civil Appeal – Maori land – Te Ture Whenua Maori Act 1993 – Whether the Court of Appeal erred in treating the trustees’ children as if they were income beneficiaries when there was irrefutable evidence that eight of the nine children had ceased to be and were not income beneficiaries for the purposes of the Act – Whether the Court of Appeal erred by ignoring the only condition of the consents of both sets of beneficiaries, that due and proper consideration be given to the claims relating to “tipuna whenua” , “whakapapa” and “taonga tuku iho” – Whether the Court of Appeal erred by declining to consider whakapapa which it had provisionally allowed to be adduced.[2014] NZCA 532  CA  451/2013

Result

Notice of abandonment being filed, the application for leave to appeal is deemed to be dismissed. 20 February 2015

Additional Information

THE TE AUTE TRUST BOARD v HAURAKI CA451/2013 [2014] NZCA 532   4 November 2014