Whakatōhea Kotahitanga Waka (Edwards) v Te Kāhui and Whakatōhea Māori Trust Board and Ors - SC 121/2023

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Summary

Civil Appeal

Result

The applications for leave to appeal are granted (Whakatōhea Kotahitanga Waka (Edwards) v Te Kāhui and Whakatōhea Māori Trust Board [2023] NZCA 504) on the question of the correctness of the judgment of the Court of Appeal.
17 April 2024
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A The application by Ngā Hapū o Ngāti Porou for leave to intervene is granted.
B Costs are reserved on this application and on the substantive hearing.
23 July 2024
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A The application by Te Kāhui Takutai Moana o Ngā Whānau me Ngā Hapū o Te Whakatōhea for a prospective costs order against the Attorney-General is granted.
B The respondent must pay the applicants prospective costs of $97,500, collectively.
C The respondent must pay the applicants costs on the application of $7,500 together with usual disbursements.
20 September 2024
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A The appeal (by the Attorney-General in relation to s 58 of the Marine and Coastal Area (Takutai Moana) Act 2011) is allowed.
B Costs are reserved.
2 December 2024

Date of Hearing

04 November 2024 — 15 November 2024

Judges

Glazebrook, Ellen France, Williams, Kós and French JJ

Case Synopses

Submissions from counsel

Hearing Transcripts

Related Documents

High Court decision — Re Edwards (Te Whakatōhea No. 2) [2021] NZHC 1025 [7 May 2021

Court of Appeal decision — WHAKATŌHEA KOTAHITANGA WAKA (EDWARDS) & ORS v TE KĀHUI AND WHAKATŌHEA MĀORI TRUST BOARD & ORS [2023] NZCA 504 [18 October 2023]

Leave judgment - leave granted — WHAKATŌHEA KOTAHITANGA WAKA (EDWARDS) v TE KĀHUI TAKUTAI MOANA O NGĀ WHĀNAU ME NGĀ HAPŪ O TE WHAKATŌHEA [2024] NZSC 33 [17 April 2024] (PDF 152 KB)

Supreme court decision — WHAKATŌHEA KOTAHITANGA WAKA (EDWARDS) v TE KĀHUI TAKUTAI MOANA O NGĀ WHĀNAU ME NGĀ HAPŪ O TE WHAKATŌHEA [2024] NZSC 77 [23 July 2024] (PDF 222 KB)

Supreme court decision — INTERIM JUDGMENT OF THE COURT (COSTS): WHAKATŌHEA KOTAHITANGA WAKA (EDWARDS) v NGĀTI IRA O WAIŌWEKA, NGĀTI PATUMOANA, NGĀTI RUATĀKENGA AND NGĀI TAMAHAUA (TE KĀHUI TAKUTAI MOANA O NGĀ WHĀNAU ME NGĀ HAPŪ O TE WHAKATŌHEA) [2024] NZSC 119 [20 September 2024 (PDF 354 KB)

Substantive judgment — Combined Marine and Coastal Area (Takutai Moana) Act 2011 proceedings (PDF 940 KB)