24 Aug 2015
RAPATA (ROBERT) LEEF, STEPHANIE TERIA TAIAPA, NADINE HORINA PIRAKE, CAINE RAROA TAIAPA, DARREN WILLIAM LEEF, NEIL HIRAMA AND PANIA ANEISHA BROWN v COLIN BIDOIS, JENNY ROLLESTON, TAARI NICHOLAS, PATRICK NICHOLAS, CHRIS (KIRITOHA) TANGITU, RAWIRI KUKA AND S
- Citation
- openlaw-fd1c154d_aa88_498d_a1f3_b542fc3631d7.pdf
- Court
- Supreme Court
Leave to appeal was refused because, although the public importance of whether the right to an independent and impartial tribunal is non-derogable was acknowledged, this case was unsuitable for deciding that principle given the absence of contemporaneous objection and the need for a fresh exercise of the discretion whether to set aside the award; further, the proposed fresh evidence was not sufficiently new or outcome-determinative and the appeal could not change the distribution of settled Treaty funds.