MOORE v THE MĀORI LAND COURT [2023] NZCA 235

MOORE v THE MĀORI LAND COURT [2023] NZCA 235 [15 June 2023]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA220/2023[2023] NZCA 235BETWEEN KEVIN MOOREAppellantAND THE MĀORI LAND COURTFirst RespondentSHELDON NGATAI, GEORGINA TEOTIANA JOHANSEN, ROSELLETAYLOR, BRIDGET TAYLOR ANDVINCENT GEORGE BROWN ASTRUSTEES OF WAITARA EASTSECTION 81B (ROHUTU) TRUSTSecond RespondentsCounsel: G E Minchin for AppellantA P Lawson and N D White for First RespondentS W Hughes KC for Second RespondentsJudgment:(On the papers)15 June 2023 at 10.00 amJUDGMENT OF GODDARD JA An order is made by consent staying the injunction granted by theMāori Land Court on 20 April 2018 requiring Mr Moore to vacate theland owned by the trustees of the Rohutu Trust, pending determination ofthis appeal.B Leave is reserved to any party to apply in the event of a relevant changein circumstances.____________________________________________________________________REASONSBackground[1] Mr Moore lives in a house that he has built on land owned by the trustees ofthe Waitara East 81B (Rohutu) Trust (the Rohutu Trust). The trustees of theRohutu Trust applied to the Māori Land Court for an order determining that Mr Moorehad no right to ownership or possession of the Rohutu Trust's land, and that he wastrespassing. They sought an injunction requiring him to vacate the property and toremove all his possessions. For his part, Mr Moore made applications to theMāori Land Court seeking to establish an entitlement as a beneficiary of the RohutuTrust, and an entitlement to occupy the land.[2] On 20 April 2018 the Māori Land Court granted an injunction in favour of thetrustees of the Rohutu Trust requiring Mr Moore to permanently vacate the land.The Māori Land Court also granted a stay of enforcement of that injunction to enableMr Moore to pursue an application under s 45 of Te Ture Whenua Māori Act 1993before the Chief Judge of that Court.1[3] Mr Moore's application before the Chief Judge of the Māori Land Court wasunsuccessful.2[4] Mr Moore applied to the High Court for judicial review of both decisions ofthe Māori Land Court. That application was dismissed.3The appeal and the application for a stay[5] Mr Moore has filed an appeal to this Court from the decision of the High Court.He has applied for a stay of the injunction granted by the Māori Land Court on 20 April2018, pending determination of this appeal.1 Trustees of Waitara East 81B (Rohutu) Trust v Moore – Waitara East Section 81B (2018) 384Aotea MB 113 (384 AOT 113).2 Moore v Trustees of Waitara East 81B (Rohutu) Trust – Waitara East Section 81B [2022] ChiefJudge's MB 191 (2022 CJ 191).3 Moore v Māori Land Court [2023] NZHC 697.[6] The first respondent abides the decision of this Court in relation to the appeal.[7] The trustees of the Rohutu Trust have filed a memorandum indicating that they(reluctantly) accept that a further stay is appropriate until the conclusion of the matterin the Court of Appeal. They are seeking to have the stay in the Māori Land Courtlifted, but consent to a stay being granted in this Court.[8] In these circumstances it is appropriate for a stay pending determination of theappeal to be granted by this Court.Result[9] I make an order by consent staying the injunction granted by the Māori LandCourt on 20 April 2018 requiring Mr Moore to vacate the land owned by the trusteesof the Rohutu Trust, pending determination of this appeal.[10] Leave is reserved to any party to apply in the event of a relevant change incircumstances.Solicitors:Exeo Legal, Wellington for AppellantCrown Law Office | Te Tari Ture o te Karauna, Wellington for First Respondent