12 Jun 2009
POUWHARE AND ORS V KRUGER AND ORS HC WN CIV-2009-485-976
- Citation
- openlaw-a5157feb_6b22_4f6f_9d03_70dd433986f1.pdf
- Court
- High Court
Clause 3.1 requires a governance entity to be properly appointed and have authority according to the relevant iwi's decision-making and tikanga; the Deed does not compel repetition of the cl 3.2 pre-settlement processes for post-settlement appointments; whether Ngai Tūhoe tikanga was followed raises factual and internal tikanga questions unsuitable for resolution in a declaratory judgment proceeding and therefore the declarations sought must be refused.