THE PROPRIETORS OF OTAKANINI TOPU BLOCK V URUAMO & ORS HC AK CIV 2007-404-460

THE PROPRIETORS OF OTAKANINI TOPU BLOCK V URUAMO & ORS HC AK CIV 2007-404-460 23 July 2008IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CIV 2007-404-460BETWEEN THE PROPRIETORS OF OTAKANINI TOPU BLOCK Plaintiff AND ERIAPA URUAMO, GEOFFREY HOHEPA, NORMAN HOHEPA AND CHRIS PASSELL Defendants Hearing: 23 July 2008 Appearances: Philip Morris for Plaintiff No appearance by or on behalf of Defendants Judgment: 23 July 2008JUDGMENT OF HARRISON J_________________________________________________________________________________ SOLICITORS Stace Hammond (Hamilton) for Plaintiffs[1] The proprietors of the Otakanini Topu Block seek orders granting permanent injunctions against the following nine people:• Geoffrey Hohepa• Chris Passell• Nigel Pomera• Jack Rice• George Hill• Daryn Hohepa• Mora Cribb• Terry Martin• Hinemoa Laing [2] The incorporation's counsel, Mr Morris, has filed a comprehensive synopsis in support of the application for a permanent injunction. The application was set down for hearing by way of formal proof today. None of the nominated defendants have appeared. However, Mr John Hohepa, who is related to two of the defendants at least, has attended the Court and addressed me. [3] Mr John Dorbu appeared when the case was first called. He said that he was instructed on the eve of the hearing by a solicitor to apply for an adjournment. I was not prepared to grant the application and discharged Mr Dorbu. The nominated defendants have had ample time to prepare for a hearing today. [4] In summary, an interim injunction has been in effect in this Court since 2 February 2007. It was varied by orders made on 20 February 2007 and again on 30 April 2007. The nine nominated individuals were brought before this Court as a result of a writ of arrest which was executed on 23 May 2007. Each was released on an undertaking not to return to the land until a special meeting was held on 29 July 2007.[5] I have heard from Mr Morris and also from Mr Hemimatenga Rau who is the chairman of the incorporation's management committee. He confirms that there have been no further trespasses or interruptions to the property since April 2007. However, he is apprehensive that without permanent orders one or more of the nine nominated individuals may attempt either to enter the land or to interfere with the incorporation's business. He says that the underlying differences between the incorporation and those who occupied the land remain unresolved. [6] The nine nominated individuals have failed to take any steps to oppose the incorporation's substantive application for permanent orders despite being given many opportunities by this Court. The contents of Mr Rau's affidavit and his advice today have satisfied me that a final order is necessary to guard against the risk of further trespasses and interference. [7] In the circumstances I make orders in terms of the draft filed by Mr Morris. I do not require an undertaking from Mr John Hohepa, although he has confirmed that he does not intend to enter upon the land or interfere with the incorporation's business. I appreciate his attendance today and that of Mr Rau and other representatives of the incorporation. [8] There will be no order as to costs. ______________________________________ Rhys Harrison J