23 Sept 2011
TUKUROIRANGI MORGAN V TANIA ERIS MARTIN HC HAM CIV 2011-419-001305
- Citation
- openlaw-2f4d6533_911e_4a8c_a393_b09445f77707.pdf
- Court
- High Court
The court held that 'Total Marae Votes' must be a fixed datum equal to the sum of votes of all marae comprising the society (68 marae) to give coherence to rules on quorum, convening meetings and significant decisions; accordingly a valid disqualification required 50% of total marae votes (34). Alternatively, even if measured by marae present, the denominator includes those present who abstained or whose votes were invalid, so 30 affirmative votes was insufficient (would have required 33 of 65). The chair's declaration was quashed and the disqualification invalidated.