TE RUNANGA O NGĀTI MANAWA v CNI IWI HOLDINGS LIMITED [2016] NZHC 1183

TE RUNANGA O NGĀTI MANAWA v CNI IWI HOLDINGS LIMITED [2016] NZHC 1183

The Panel did not complete the required allocation under sch 2 cl 6(14); identifying mana whenua interests alone is insufficient for allocation; cl 6(14)(e) does not permit the Panel to avoid adjudication by sending the allocation issue back to negotiation without a mechanism to resolve impasse; accordingly the Final Allocation Agreement is invalid insofar as it records no allocation of disputed lands; the Company may reconvene the Panel and require it to complete allocation, but the Company was not shown to have breached statutory, trust or fiduciary duties given the circumstances and unanimous shareholder actions.

Citation
[2016] NZHC 1183
Parties
Plaintiff / Applicant: Te Runanga O Ngāti Manawa; Second Defendant / Second Respondent: CNI Iwi Holdings Limited; Third Defendant: Te Kōmiti Nui O Ngāti Whakaue; Fourth Defendant: Tūhoe Establishment Trust; Fifth Defendant: Te Mana O Ngāti Rangi; Sixth Defendant: Tūwharetoa Settlement Trust; Seventh Defendant: Raukawa Settlement Trust; Eighth Defendant: Te Pūmautanga O Te Arawa Trust; Ninth Defendant: Te Runanga O Ngāti Whare; First Respondent (2015 Proceedings): Moana Jackson; First Respondent (2015 Proceedings): Tahu Potiki; First Respondent (2015 Proceedings): Wayne Ngāta
Court
High Court
Jurisdiction
New Zealand
Judgment Date
3 June 2016
Procedural Posture
Civil Judicial Review and Declaratory Proceedings Concerning Allocation of Treaty Settlement Lands and Related Trust Obligations / Judgment Delivered 2 June 2016
Outcome
Judgment: 2011 breach of statutory/trust/fiduciary claims dismissed; declarations granted in judicial review; other relief dismissed; costs reserved
Legal Topics
Allocation of Tribal Lands, Mana Whenua, Adjudication Process, Final Allocation Agreement, Breach of Trust, Fiduciary Duty, Privative Clause
Trust Law Administrative Law Property Law Indigenous Law Arbitration Law Statutory Interpretation Allocation of Tribal Lands Mana Whenua +5 more

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Parties

Te Runanga O Ngāti Manawa

Plaintiff / Applicant

CNI Iwi Holdings Limited

Second Defendant / Second Respondent

Te Kōmiti Nui O Ngāti Whakaue

Third Defendant

Tūhoe Establishment Trust

Fourth Defendant

Te Mana O Ngāti Rangi

Fifth Defendant

Tūwharetoa Settlement Trust

Sixth Defendant

Raukawa Settlement Trust

Seventh Defendant

Te Pūmautanga O Te Arawa Trust

Eighth Defendant

Te Runanga O Ngāti Whare

Ninth Defendant

Moana Jackson

First Respondent (2015 Proceedings)

Tahu Potiki

First Respondent (2015 Proceedings)

Wayne Ngāta

First Respondent (2015 Proceedings)

Procedural Posture

Civil Judicial Review and Declaratory Proceedings Concerning Allocation of Treaty Settlement Lands and Related Trust Obligations / Judgment Delivered 2 June 2016

Legal Issues

  1. 1 Whether the adjudication Panel completed its obligation to allocate disputed lands under cl 6(14) of sch 2 of the Act
  2. 2 Whether cl 6(14)(e) permitted the Panel to refer allocation back to further kanohi ki te kanohi negotiation
  3. 3 Whether the Company breached statutory, trust or fiduciary duties by failing to transfer land or reconvene the Panel

Ratio Decidendi

The Panel did not complete the required allocation under sch 2 cl 6(14); identifying mana whenua interests alone is insufficient for allocation; cl 6(14)(e) does not permit the Panel to avoid adjudication by sending the allocation issue back to negotiation without a mechanism to resolve impasse; accordingly the Final Allocation Agreement is invalid insofar as it records no allocation of disputed lands; the Company may reconvene the Panel and require it to complete allocation, but the Company was not shown to have breached statutory, trust or fiduciary duties given the circumstances and unanimous shareholder actions.

Court Disposition

Judgment: 2011 breach of statutory/trust/fiduciary claims dismissed; declarations granted in judicial review; other relief dismissed; costs reserved

Orders

  • Declaration: the allocation exercise required by cl 6(14) of sch 2 has not been completed by the adjudication Panel
  • Declaration: clause 6(14)(e) does not permit the Panel to require iwi to undertake further kanohi ki te kanohi negotiations about allocation because referral back is not a solution required by cl 6(14) and does not constitute an adjudication of the dispute