5 Oct 2017
COLIN BIDOIS AS REPRESENTATIVE OF PIRIRAKAU V RAPATA (ROBERT) LEEF AS REPRESENTATIVE OF NGATI TAKA [2017] NZCA 437
- Citation
- [2017] NZCA 437
- Court
- Court of Appeal
The Court held the bilateral arbitration agreement between Pirirakau and Ngāti Taka operated in substitution for the contingent Mana Whenua Process Agreement so that the arbitrators' final binding determination of mana whenua necessarily determined the allocation of settlement proceeds under the agreed allocation model; those allocations were then ratified by the iwi ratification process and incorporated into the Deed of Settlement Trust, which is binding on the trustees and hapū, and the Mana Whenua Process Agreement does not contemplate a separate post-award adjustment stage allowing reallo…