Paki Nikora and Parearau Polly Alice Nikora on behalf of Te Kaunihera Kaumātua o Tūhoe v Tāmati Kruger on behalf of Tūhoe - Te Uru Taumatua Trust - SC 67/2023
Media releases
Summary
Civil Appeal
Result
A Leave to appeal is granted (Kruger on behalf of Tūhoe Te Uru Taumatua Trust v Nikora on behalf of Te Kaunihera Kaumātua o Tūhoe [2023] NZCA 179).
B The approved question is whether the Court of Appeal erred in allowing the respondent’s appeal to that Court.
28 August 2023
_____________________________________________________________
A The application by the respondent to adduce the evidence of Te Whenua Te Kurapa is granted.
B The appeal is allowed.
C The orders made by the Māori Land Court in relation to trustee elections of the Tūhoe – Te Uru Taumatua Trust are reinstated (Nikora on behalf of Te Kaunihera Kaumātua o Tūhoe v Trustees of Tūhoe – Te Uru Taumatua (2021) 252 Waiariki MB 157 (252 WAR 157) at [85]).
D The trustees of the Tūhoe – Te Uru Taumatua Trust must pay the appellants their actual and reasonable legal costs and disbursements in connection with the appeal to this Court out of the assets of the Trust. If the parties are unable to agree on the amount of costs and disbursements payable, that will be determined by the Registrar of this Court.
E Any outstanding issues relating to costs in the Courts below are to be determined by those Courts, in light of this judgment.
3 October 2024
B The approved question is whether the Court of Appeal erred in allowing the respondent’s appeal to that Court.
28 August 2023
_____________________________________________________________
A The application by the respondent to adduce the evidence of Te Whenua Te Kurapa is granted.
B The appeal is allowed.
C The orders made by the Māori Land Court in relation to trustee elections of the Tūhoe – Te Uru Taumatua Trust are reinstated (Nikora on behalf of Te Kaunihera Kaumātua o Tūhoe v Trustees of Tūhoe – Te Uru Taumatua (2021) 252 Waiariki MB 157 (252 WAR 157) at [85]).
D The trustees of the Tūhoe – Te Uru Taumatua Trust must pay the appellants their actual and reasonable legal costs and disbursements in connection with the appeal to this Court out of the assets of the Trust. If the parties are unable to agree on the amount of costs and disbursements payable, that will be determined by the Registrar of this Court.
E Any outstanding issues relating to costs in the Courts below are to be determined by those Courts, in light of this judgment.
3 October 2024
Date of Hearing
27 February 2024
Judges
Winkelmann CJ, Glazebrook, Williams, O'Regan, Collins JJ
Case Synopses
Submissions from counsel
- Hearing date 27 February 2024 Appellant submissions (PDF 8 MB)
- Hearing date 27 February 2024 Respondent submissions (PDF 447 KB)
- Hearing date 27 February 2024 Intervener Submissions (PDF 486 KB)
- Hearing date 27 February 2024 Joint Chronology (PDF 150 KB)
- Hearing date 27 February 2024 Appellant Oral Outline (PDF 718 KB)
- Hearing date 27 February 2024 Respondent Oral Outline (PDF 1.9 MB)
- hearing date 27 February 2024 Intervener Oral Outline (PDF 264 KB)