3 Jun 2016
TE RUNANGA O NGĀTI MANAWA v CNI IWI HOLDINGS LIMITED [2016] NZHC 1183
- Citation
- [2016] NZHC 1183
- Court
- High Court
The Panel did not complete the required allocation under sch 2 cl 6(14); identifying mana whenua interests alone is insufficient for allocation; cl 6(14)(e) does not permit the Panel to avoid adjudication by sending the allocation issue back to negotiation without a mechanism to resolve impasse; accordingly the Final Allocation Agreement is invalid insofar as it records no allocation of disputed lands; the Company may reconvene the Panel and require it to complete allocation, but the Company was not shown to have breached statutory, trust or fiduciary duties given the circumstances and unanim…