TE WARENA TAUA & ORS v TAHI ENTERPRISES LIMITED [2021] NZSC 182

TE WARENA TAUA & ORS v TAHI ENTERPRISES LIMITED [2021] NZSC 182

By consent the Supreme Court set aside the discovery orders requiring disclosure of the register of iwi members and substituted a representation order under r 4.24 appointing the Settlement Trust trustees to represent iwi members because representation orders better serve the objectives of the Rules (just, speedy,...

Source-derived case information.

Citation
[2021] NZSC 182
Parties
First Appellants: Te Warena Taua; George Horiwinikerei Taua; Ngarama Walker; Hamuera Taua; Miriama Tamaariki (as trustees of Te Kawerau Iwi Tribal Authority); Second Appellants: Te Warena Taua; George Hori Taua; Ngarama Walker; Hamuera Taua; Miriama Tamaariki (as trustees of Te Kawerau Iwi Settlement Trust); First Respondent: Tahi Enterprises Limited; Second Respondent: Dianne Lee
Court
Supreme Court
Jurisdiction
New Zealand
Judgment Date
15 December 2021
Procedural Posture
Appeal to the Supreme Court (civil) / Judgment on Representation Orders and Interlocutory Relief
Outcome
Appeal allowed in part by consent; discovery orders granting disclosure of the register of iwi members set aside and representation orders appointing Settlement Trust trustees to represent iwi members made; leave to apply for modifications reserved; costs orders varied.
Legal Topics
Representation Orders, Discovery/disclosure, Agency, Trustee Liability, Costs
Civil Procedure Trusts and Equity Contract Indigenous Treaty Settlement Law Representation Orders Discovery/disclosure Agency Trustee Liability +1 more

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Parties

Te Warena Taua; George Horiwinikerei Taua; Ngarama Walker; Hamuera Taua; Miriama Tamaariki (as trustees of Te Kawerau Iwi Tribal Authority)

First Appellants

Te Warena Taua; George Hori Taua; Ngarama Walker; Hamuera Taua; Miriama Tamaariki (as trustees of Te Kawerau Iwi Settlement Trust)

Second Appellants

Tahi Enterprises Limited

First Respondent

Dianne Lee

Second Respondent

Procedural Posture

Appeal to the Supreme Court (civil) / Judgment on Representation Orders and Interlocutory Relief

Legal Issues

  1. 1 Whether orders requiring disclosure of the register of iwi members were appropriate
  2. 2 Whether a representation order appointing trustees to represent iwi members was appropriate and preferable to mass discovery
  3. 3 Application and scope of tailored discovery under High Court Rules r 8.8 and relevance of Norwich Pharmacal principle

Ratio Decidendi

By consent the Supreme Court set aside the discovery orders requiring disclosure of the register of iwi members and substituted a representation order under r 4.24 appointing the Settlement Trust trustees to represent iwi members because representation orders better serve the objectives of the Rules (just, speedy, inexpensive determination), avoid unwarranted privacy and personal estate exposure from mass discovery, and ensure parties properly bound and disputes can be adjudicated without multiplying defendants.

Court Disposition

Appeal allowed in part by consent; discovery orders granting disclosure of the register of iwi members set aside and representation orders appointing Settlement Trust trustees to represent iwi members made; leave to apply for modifications reserved; costs orders varied.

Orders

  • Settlement Trust trustees appointed to represent Te Kawerau ā Maki iwi members in the proceeding under High Court Rules r 4.24
  • Settlement Trust trustees to be joined as fourth defendants as representatives of iwi members