Te Warena Taua, George Hori Winikerei Taua, Ngarama Walker, Hamuera Taua and Miriama Tamaariki as Trustees of the Te Kaweray Iwi Tribal Authority and Te Warena Taua, George Hori Winikerei Taua, Ngarama Walker, Hamuera Taua and Miriama Tamaariki as Truste - SC 9/2021
Summary
Result
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
15 July 2021
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A The appeal is allowed to the extent that, by consent, the orders made in the High Court and the Court of Appeal granting discovery of the register of iwi members are set aside and the other orders set out below at [16] are substituted.
B Leave is reserved to the parties and any member of the iwi to apply to the High Court for modifications of these orders. The High Court may make such orders, including any additional or ancillary orders.
C There is no order as to costs in this Court. The costs orders made in the Court of Appeal on the appeal in that Court in favour of the respondents are set aside. The respondents must pay the appellants costs in that Court calculated for a standard appeal on a band A basis and usual disbursements. The costs orders made in the High Court stand.
15 December 2021
Date of Hearing
19 November 2021
Judges
Winkelmann CJ, Glazebrook, O'Regan, Ellen France, Williams JJ
Hearing Transcripts
Related Documents
High Court decision — TAHI ENTERPRISES LTD v TAUA [2018] NZHC 3372 [18 December 201
Court of Appeal decision — TE WARENA TAUA, GEORGE HORI WINIKEREI TAUA, NGARAMA WALKER, HAMUERA TAUA AND MIRIAMA TAMAARIKI AS TRUSTEES OF THE TE KAWERAU IWI TRIBAL AUTHORITY v TAHI ENTERPRISES LIMITED [2020] NZCA 639 [11 December 2020
Leave judgment - leave granted — TE WARENA TAUA v TAHI ENTERPRISES LIMITED [2021] NZSC 88 [15 July 2021] (PDF 187 KB)
Supreme court decision — TE WARENA TAUA & ORS v TAHI ENTERPRISES LIMITED [2021] NZSC 182 [15 December 2021] (PDF 257 KB)