TE WHANAU O RANGIWHAKAAHU HAPU CHARITABLE TRUST AND ANOR V THE DEPARTMENT OF CONSERVATION AND ORS HC WHA CIV 2008-488-548

TE WHANAU O RANGIWHAKAAHU HAPU CHARITABLE TRUST AND ANOR V THE DEPARTMENT OF CONSERVATION AND ORS HC WHA CIV 2008-488-548

The Associate Judge's decision refusing security for costs was within the proper exercise of judicial discretion; the plaintiffs' claim has sufficient substance and public interest character such that ordering security would risk denying access to justice, and the fourth defendants failed to establish that the Associate Judge was wrong on principle or plainly wrong in weighing the merits and public interest factors; accordingly the review is dismissed.

Citation
openlaw-cc63f9f7_bb51_4c65_8d22_480f7cf24c90.pdf
Parties
First Plaintiff: Te Whanau o Rangiwhakaaahu Hapu Charitable Trust; Second Plaintiff: Friends of Matapouri Inc; First Defendant: The Department of Conservation; Second Defendant: The Chief Executive, Land Information New Zealand; Third Defendant: The Attorney General; Fourth Defendant: V M Monk; Fourth Defendant: T M Ringer; Fourth Defendant: J R Ringer; Fourth Defendant: W G Brumby; Fourth Defendant: J K Radley
Court
High Court
Jurisdiction
New Zealand
Judgment Date
8 July 2009
Procedural Posture
Interlocutory Review of Associate Judge Decision Under R61 C and Judicature Act S26 P (application for Security for Costs) / Interlocutory (application for Security for Costs; Preliminary Questions Agreed But Not Yet Heard)
Outcome
Application for review dismissed; Associate Judge's decision refusing security for costs upheld; plaintiffs entitled to costs
Legal Topics
Security for Costs, Boundary Dispute, Declaratory Relief, Public Interest Litigation, Survey Error, Impecuniosity, Cross Claim, Adverse Possession, Limitation
Civil Procedure Property Law Administrative Law Cadastral Law Public Law Treaty of Waitangi Matters Security for Costs Boundary Dispute +7 more

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Parties

Te Whanau o Rangiwhakaaahu Hapu Charitable Trust

First Plaintiff

Friends of Matapouri Inc

Second Plaintiff

The Department of Conservation

First Defendant

The Chief Executive, Land Information New Zealand

Second Defendant

The Attorney General

Third Defendant

V M Monk

Fourth Defendant

T M Ringer

Fourth Defendant

J R Ringer

Fourth Defendant

W G Brumby

Fourth Defendant

J K Radley

Fourth Defendant

Procedural Posture

Interlocutory Review of Associate Judge Decision Under R61 C and Judicature Act S26 P (application for Security for Costs) / Interlocutory (application for Security for Costs; Preliminary Questions Agreed But Not Yet Heard)

Legal Issues

  1. 1 Whether the Associate Judge erred in refusing security for costs
  2. 2 Whether the plaintiffs' claim lacked substance such that security for costs should be ordered
  3. 3 Whether the proceedings constituted genuine public interest litigation

Ratio Decidendi

The Associate Judge's decision refusing security for costs was within the proper exercise of judicial discretion; the plaintiffs' claim has sufficient substance and public interest character such that ordering security would risk denying access to justice, and the fourth defendants failed to establish that the Associate Judge was wrong on principle or plainly wrong in weighing the merits and public interest factors; accordingly the review is dismissed.

Court Disposition

Application for review dismissed; Associate Judge's decision refusing security for costs upheld; plaintiffs entitled to costs

Orders

  • Fourth defendants' application for review dismissed
  • Plaintiffs entitled to costs