Wairarapa Moana Ki Pouākani Incorporation v Mercury NZ Limited and The Waitangi Tribunal and Ors - SC 93/2021
Media releases
Summary
Result
B Leave to appeal in SC 93/2021 and SC 127/2021 is granted (Mercury NZ Ltd v The Waitangi Tribunal [2021] NZHC 654).
C The approved question in each appeal is whether the High Court’s decision was correct.
11 October 2021
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A We extend time for the first respondent to apply for leave to cross-appeal in SC 93/2021.
B We grant leave to the first respondent in SC 93/2021 to cross-appeal.
C The approved question is whether the High Court’s decision on the first respondent’s claim in that Court was correct.
15 December 2021
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A The appeal by Wairarapa Moana ki Pouākani Inc in SC 93/2021 is allowed in part. The High Court’s ruling that the Waitangi Tribunal has no power to recommend resumption in favour of a claimant without mana whenua is set aside. The appeal is otherwise dismissed.
B The appeal by Ryshell Griggs and Mark Chamberlain in SC 127/2021 and the cross-appeal by Mercury NZ Limited in SC 93/2021 are dismissed.
C Issues as to costs may be dealt with by memoranda if they are not otherwise agreed. Memoranda will be no longer than five pages and must be filed and served within 20 working days.
7 December 2022
Date of Hearing
09 February 2022 — 10 February 2022
Judges
Winkelmann CJ, William Young, Glazebrook, O'Regan and Williams JJ
Hearing Transcripts
Related Documents
High Court decision — MERCURY NZ LIMITED AND OTHERS v THE WAITANGI TRIBUNAL AND OTHERS [2021] NZHC 654 [30 March 2021]
Leave judgment - leave granted — WAIRARAPA MOANA KI POUĀKANI INCORPORATION v MERCURY NZ LIMITED [2021] NZSC 134 [11 October 2021] (PDF 190 KB)
Leave judgment - leave granted — WAIRARAPA MOANA KI POUĀKANI INCORPORATION v MERCURY NZ LIMITED [2021] NZSC 183 [15 December 2021] (PDF 142 KB)
Substantive judgment — WAIRARAPA MOANA KI POUĀKANI INCORPORATION v MERCURY NZ LIMITED [2022] NZSC 142 [7 December 2022] (PDF 843 KB)