29 Oct 2021
The application for interim relief was declined because the deed signing had already been completed, rendering the proposed relief moot, and the Court would not grant the injunction on the limited material before it without hearing the parties.
19 Dec 2014
The Court declared Mr Stafford has standing but dismissed the appellants' private law claims against the Crown: no enforceable private fiduciary duty was established because the Crown's actions involved balancing competing public and private interests and there was no clear undertaking or duty of loyalty; the alleged express trust failed for lack of requisite certainties (intention/subject matter in relation to rural 'uplift' sections); resulting and constructive trust claims failed; settlement legislation and delay/laches weigh against reopening historical redress through private law remedie…
2 Jul 2007
The Settlement Deed merely obliges the Crown to introduce legislation; courts will not grant declarations that would pre-empt or impede Parliament or intervene in executive acts preparatory to legislation; any incompatibility with the 1989 Act would be lawful if sanctioned by Parliament; Treaty duties inform statutory interpretation but do not create enforceable private law fiduciary obligations against the Crown, therefore the declarations sought were refused and the appeal dismissed.
4 May 2007
The High Court refused the plaintiffs' declarations because it would be impermissible for the Court to restrain or pre-empt the parliamentary legislative process; however the Court affirmed that the Crown owes fiduciary duties to Maori and that if the Crown were to secure accumulated rental benefits for itself at the expense of competing Maori claimants other than by Waitangi Tribunal recommendation or the claimants' informed consent, that would be inconsistent with its fiduciary duties. Claims against the Trustees were dismissed because they must and will act according to the Trust Deed or a…