NGĀTI WHĀTUA ŌRĀKEI TRUST v ATTORNEY-GENERAL [2018] NZSC 24
Leave to appeal was granted because the approved question was appropriately framed to permit the applicant to advance the arguments foreshadowed in its leave submissions, warranting a substantive appeal hearing.
Source-derived case information.
- Citation
- [2018] NZSC 24
- Parties
- Applicant: NGĀTI WHĀTUA ŌRĀKEI TRUST; First Respondent: ATTORNEY-GENERAL; Second Respondent: NGĀTI PAOA IWI TRUST; Third Respondent: MARUTŪĀHU RŌPŪ LIMITED PARTNERSHIP
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 23 March 2018
- Procedural Posture
- Application for Leave to Appeal to the Supreme Court / Leave Granted; Substantive Appeal Fixture and Timetable to Be Set
- Outcome
- Leave to appeal granted
- Legal Topics
- Leave to Appeal, Procedural Directions, Framing of Approved Question
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
NGĀTI WHĀTUA ŌRĀKEI TRUST
Applicant
ATTORNEY-GENERAL
First Respondent
NGĀTI PAOA IWI TRUST
Second Respondent
MARUTŪĀHU RŌPŪ LIMITED PARTNERSHIP
Third Respondent
Procedural Posture
Application for Leave to Appeal to the Supreme Court / Leave Granted; Substantive Appeal Fixture and Timetable to Be Set
Legal Issues
- 1 Whether the Court of Appeal should have allowed the applicant's appeal
- 2 Whether leave to appeal should be granted
- 3 Whether the approved question permits the applicant to advance the arguments in its leave submissions
Ratio Decidendi
Leave to appeal was granted because the approved question was appropriately framed to permit the applicant to advance the arguments foreshadowed in its leave submissions, warranting a substantive appeal hearing.
Court Disposition
Leave to appeal granted
Orders
- Leave to appeal granted (Ngāti Whātua Ōrākei Trust v Attorney-General [2017] NZCA 554).
- Approved question: whether the Court of Appeal should have allowed the applicant's appeal.
Full Case Text
Judgment text and source record
1 paragraphs
NGĀTI WHĀTUA ŌRĀKEI TRUST v ATTORNEY-GENERAL [2018] NZSC 24 [23 March 2018]IN THE SUPREME COURT OF NEW ZEALANDSC 135/2017[2018] NZSC 24BETWEEN NGĀTI WHĀTUA ŌRĀKEI TRUSTApplicantAND ATTORNEY-GENERALFirst RespondentNGĀTI PAOA IWI TRUSTSecond RespondentMARUTŪĀHU RŌPŪ LIMITEDPARTNERSHIPThird RespondentCourt: Elias CJ, William Young and O'Regan JJCounsel: J E Hodder QC, J W J Graham and R M A Jones for ApplicantD J Goddard QC and D A Ward for First RespondentN M Whittington and S L K Shaw for Second RespondentP F Majurey for Third RespondentJudgment: 23 March 2018JUDGMENT OF THE COURTA Leave to appeal is granted (Ngᾱti Whᾱtua Ōrᾱkei Trust vAttorney-General [2017] NZCA 554).B The approved question is whether the Court of Appealshould have allowed the applicant's appeal to that Court.____________________________________________________________________REASONS[1] The approved question is framed so as to permit the applicant to advance thearguments foreshadowed in its leave submissions.[2] The Court intends to set a fixture for the hearing of the appeal in the weekbeginning 7 May 2018 or early in the week beginning 14 May 2018. We ask theRegistrar to consult with counsel on the actual fixture date. The Court will then set atimetable for submissions.Solicitors:Chapman Tripp, Auckland for ApplicantCrown Law Office, Wellington for First RespondentMeredith Connell, Wellington for Second RespondentAtkins Holm Majurey Ltd, Auckland for Third Respondent