11 Dec 2020
TE WARENA TAUA, GEORGE HORI WINIKEREI TAUA, NGARAMA WALKER, HAMUERA TAUA AND MIRIAMA TAMAARIKI AS TRUSTEES OF THE TE KAWERAU IWI TRIBAL AUTHORITY v TAHI ENTERPRISES LIMITED [2020] NZCA 639
- Citation
- [2020] NZCA 639
- Court
- Court of Appeal
The Court of Appeal dismissed the trustees' appeal and upheld the High Court's tailored discovery orders: r 8.20 was inapplicable because it requires notice to intended defendants, but the interests of justice required discovery under the High Court Rules (tailored discovery) of the register of Te Kawerau ā Maki members held by the Tribal Authority and, likely, the Settlement Trust, subject to redaction of names of persons who were under 18 or unborn as at 27 June 2007. Norwich Pharmacal principles were unnecessary in the factual context where pleaded causes of action already identified an as…