26 Feb 2021
NGAWAKA v NGĀTI REHUA-NGĀTIWAI KI AOTEA TRUST BOARD [2021] NZHC 291 [26 February 2021]
- Citation
- [2021] 2 NZLR 1
- Court
- High Court
An external arbitration determining whakapapa of members of Ngāti Rehua-Ngātiwai ki Aotea, conducted by an arbitrator lacking a strong connection to the hapū and deep understanding of its tikanga, is inconsistent with tikanga Ngāti Rehua-Ngātiwai ki Aotea and prior court orders; continuation would amount to an abuse of the court's process and the disputes over whakapapa are not arbitrable under s 10 Arbitration Act 1996 in these circumstances, so the agreement to arbitrate those issues is null and void; the proper course is to allow the kaumātua validation process to continue and, if necessar…