20 Dec 2017
Mr Baker must pay costs on a 2B basis and disbursements limited to those attributable to the Trident investment; indemnity and increased costs were declined because his conduct, while deficient in parts, was not exceptional nor shown to have materially increased the time or expense of the proceeding; Mr Simkin's $60,000 settlement is to be applied in reduction of Mr Baker's judgment.
25 Jan 2017
The Mana Whenua Agreement remains in force and binding; the arbitrators' award conclusively determined only which hapū held mana whenua (binding on the parties) but did not decide the separate question of allocation adjustments contemplated by cl 6.14 of the Mana Whenua Agreement; accordingly Ngāti Taka may invoke the adjudication process (cl 6.10–6.15) to seek an adjustment of the allocation, and the Court will grant declarations to that effect while refusing an order for specific performance.
15 Jul 2016
Section 88(2) of the Māori Fisheries Act 2004 must be read to require that each director of Te Putea Whakatupu Trustee Limited individually have knowledge of and be able to represent the interests of Māori who reside in urban areas; additionally, TOKM and the iwi working group failed to give proper regard to the statutory purposes of Te Putea Trust and did not provide an adequate, specific opportunity for urban Māori (and NUMA in particular) to be heard during the Review consideration, but the Court declined to quash the general meeting resolutions and instead made a declaration and ordered c…
18 May 2015
The Court held the dispute was arbitrable because the arbitrators' decision had direct legal and financial consequences for allocation of settlement funds and therefore concerned a defined legal relationship; apparent bias existed in fact but respondents had knowledge and proceeded without timely objection such that they waived the right to object under the statutory challenge procedure; document handling did not produce material prejudice; accordingly the High Court's setting aside of the award was incorrect and the award was reinstated.