29 Mar 2022
WALTERS v WIKIRIWHI [2022] NZCA 93
- Citation
- [2022] NZCA 93
- Court
- Court of Appeal
The Court declined the application to adduce further evidence because the proffered evidence was not fresh or cogent and would not prevent a miscarriage of justice; contemporaneous evidence established that Mr Walters was centrally involved in the pre‑auction agreement, subdivision and sale and thereby had a conflict of interest that breached fiduciary duties; the breaches were serious, ongoing and justified removal of all trustees; the Māori Appellate Court correctly remitted the quantum of equitable damages to the Māori Land Court for redetermination given deficiencies in valuation evidence.