Proprietors of Wakatū and Rore Pat Stafford and others v Attorney-General and Ngāti Rārua Iwi Trust and Ngāti Kōata Trust - SC 13/2015

A The application by the first, second and third applicants for leave to appeal the judgment of the Court of Appeal delivered on 19 December 2014 in Proprietors of Wakatū v Attorney-General [2014] NZCA 628, [2015] 2 NZLR 298 is granted.
B The cross-application by the respondent for leave to appeal against the finding of the Court of Appeal that the second applicant, Rore Pat Stafford, had standing to bring the proceeding is granted.
C The approved grounds are: Is the Crown in breach of duties arising out of the terms of the reservations from the land granted to the New Zealand Company in respect of its Nelson settlement and Western Te Tau Ihu? If so, are rights to seek relief for breach of such duties subject to defences available to the Crown through lapse of time? If not, do the three applicants each have standing to bring civil proceedings for breach of such duties against the Crown? If so, what relief is appropriate? Is relief barred by the terms of s 25 of the Ngā ti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Atiawa o Te Waka-a-Māui Claims Settlement Act 2014? D The appeal is set down for hearing in the Supreme Court for the four days beginning 12 October 2015.
8 May 2015
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A The appeal by the second appellant is allowed in part and a declaration is made that the Crown owed fiduciary duties to reserve 15,100 acres for the benefit of the customary owners and, in addition, to exclude their pa, urupa and cultivations from the land obtained by the Crown following the 1845 Spain award.
B The appeals by the first appellant and the third appellant are dismissed.
C The cross-appeal by the respondent is dismissed.
D The claim by the second appellant is remitted to the High Court for determination of all remaining questions as to liability, loss and remedy to be determined in accordance with the reasons given in this Court.
E The respondent must pay the second appellant costs of $55,000 together with reasonable disbursements to be fixed if necessary by the Registrar. We certify for second counsel. All costs orders in the High Court and Court of Appeal are quashed. If costs are sought by the second appellant in respect of the lower Court hearings, application must be made to those Courts if the parties are unable to agree.
28 February 2017