18 Dec 2018
TAHI ENTERPRISES LTD v TAUA [2018] NZHC 3372
- Citation
- [2018] NZHC 3372
- Court
- High Court
Rule 8.20 does not provide jurisdiction where the intended defendants are unknown because of its mandatory service requirement; the Court retains equitable Norwich Pharmacal/inherent jurisdiction in such cases. Applying that jurisdiction the plaintiffs established a sufficient bona fide, non‑speculative substratum (agreements on their face with 'Te Kawerau Ā Maki', payments of NZ$1.3m, and allegation of agency/authority) to justify disclosure of the Iwi membership register held by the Tribal Authority (and inquiry of the Settlement Trust as to any register it holds), but disclosure must exclu…