12 Jul 2022
TE RŪNANGA O NGĀI TAHU v ATTORNEY-GENERAL [2022] NZHC 1643
- Citation
- [2022] NZHC 1643
- Court
- High Court
Clause 10.5 preserved Ngāi Tahu's right to seek a High Court determination of interest; the arbitrator's declaratory awards that certain amounts were CRAs do not operate as accord and satisfaction or merger to extinguish the preserved claim for interest; clause 10.5 is reasonably interpreted to include interest as damages for loss of investment opportunity and to preserve that claim notwithstanding limitation defences, such that the defendant has not established lack of jurisdiction, a merits-free strike out, or that the claim is time-barred under s11 Limitation Act 2010; the defendant's appl…