New Zealand Case Law: Decisions & Judgments

Topic

Waitangi tribunal jurisdiction

Legal area

Court

11 Oct 2021

WAIRARAPA MOANA KI POUĀKANI INCORPORATION v MERCURY NZ LIMITED [2021] NZSC 134

Citation

[2021] NZSC 134
Court

Supreme Court

The Court granted the applications for extensions of time and granted leave to appeal because the proposed appeals raised a properly arguable question about the correctness of the High Court's decision (Mercury NZ Ltd v The Waitangi Tribunal [2021] NZHC 654), and it is appropriate that the Supreme Court determine that question; consequential directions were given on fixture and a specific invitation to Mercury to state whether it will pursue a direct appeal on standing before the Waitangi Tribunal.
30 Mar 2021

MERCURY NZ LIMITED AND OTHERS v THE WAITANGI TRIBUNAL AND OTHERS [2021] NZHC 654

Citation

[2021] 2 NZLR 142
Court

High Court

Court held judicial review of the Tribunal's preliminary determination was available; s 8C validly precludes state enterprises and successors from an entitlement to be heard; ss 8A and 8HB must be interpreted so a well‑founded claim must relate to the particular land sought to be returned (contemplating Crown acquisition in breach of Treaty) and do not create a general 'land‑in‑lieu' jurisdiction; the Tribunal has no statutory discretion to make orders inconsistent with tikanga or that create fresh breaches of Treaty principles (notably mana whenua); Tribunal erred in its legal approach to in…
1 Dec 2016

LEWIS ATA TURAHUI FOR AND ON BEHALF OF ARAUKUKU HAPU v THE WAITANGI TRIBUNAL [2016] NZSC 157

Citation

[2016] NZSC 157
Court

Supreme Court

Although serious issues existed about potential irreversible prejudice to Āraukūkū and possible error by the Tribunal and lower courts, the passage of the Ngāruahine Claims Settlement Bill and the resulting lack of any practical relief rendered the grant of leave inappropriate and the application for leave to appeal was dismissed.
12 Aug 2015

FLAVELL v WAITANGI TRIBUNAL [2015] NZHC 1907

Citation

[2015] NZHC 1907
Court

High Court

Court held the Tribunal erred in law by effectively treating binding recommendations as a remedy of last resort (imposing an additional onus) and by failing to consider making binding recommendations in respect of parts only of the lands sought; other alleged errors were dismissed; relief was discretionary and the Court deferred orders to allow applicant to elect whether to seek reconsideration by the Tribunal in light of this judgment.
19 May 2011

HARONGA v WAITANGI TRIBUNAL AND ORS SC 54/2010

Citation

HARONGA v WAITANGI TRIBUNAL AND ORS SC 54/2010
Court

Supreme Court

Where the Waitangi Tribunal has found a claim relating to licensed Crown forest land to be well-founded it remains obliged to complete its inquiry by determining whether its remedial recommendation under s 6(3) should include return of the land under s 8HB(1)(a); the Tribunal cannot defer or decline in a manner that effectively defeats the claimant's statutory right to have resumption determined where deferral would cause significant and irreversible prejudice (as by overtaking the claim by settlement legislation); on the facts the urgent hearing should have been granted and the matter is rem…
14 Aug 2009

TE RUNANGA O NGAI TAHU V THE ATTORNEY GENERAL AND ORS HC WN CIV-2007-485-2602

Citation

openlaw-5253d5ac_736b_455c_bef1_e1818f567be3.pdf
Court

High Court

The Court held the Waitangi Tribunal did not err in law: s6A(6) does not render the Maori Appellate Court decision universally binding on all future Tribunal inquiries and did not bar the Tribunal from examining Te Tau Ihu grievances within the Ngai Tahu takiwa; the Tribunal’s differing framing of issues meant its findings addressed different questions so inconsistency and issue estoppel did not invalidate the Te Tau Ihu Report; judicial review application dismissed.

New Zealand Case Law

WAIRARAPA MOANA KI POUĀKANI INCORPORATION v MERCURY NZ LIMITED [2021] NZSC 134

MERCURY NZ LIMITED AND OTHERS v THE WAITANGI TRIBUNAL AND OTHERS [2021] NZHC 654

LEWIS ATA TURAHUI FOR AND ON BEHALF OF ARAUKUKU HAPU v THE WAITANGI TRIBUNAL [2016] NZSC 157

FLAVELL v WAITANGI TRIBUNAL [2015] NZHC 1907

HARONGA v WAITANGI TRIBUNAL AND ORS SC 54/2010

TE RUNANGA O NGAI TAHU V THE ATTORNEY GENERAL AND ORS HC WN CIV-2007-485-2602