7 Nov 2018
TE ARA RANGATU O TE IWI O NGĀTI TE ATA WAIOHUA INC v THE ATTORNEY-GENERAL [2018] NZHC 2886
- Citation
- [2018] NZHC 2886
- Court
- High Court
Ngāti Te Ata does not have recognised legal personality enabling it to sue in its own name for the substantive private law claims asserted; an iwi or hapu lacking statutory incorporation must litigate via an incorporated entity or a properly authorised representative. Accordingly the application to join Ngāti Te Ata as plaintiff in the 2013 proceedings is dismissed and the counterclaims in the 2014 proceedings are stayed until a plaintiff with standing is joined, with leave to strike out if no suitable plaintiff is presented within the specified period following filing of the limitation memor…