New Zealand Case Law: Decisions & Judgments

Topic

Mandate recognition

Legal area

Court

15 Mar 2022

MANIAPOTO v MANIAPOTO MĀORI TRUST BOARD [2022] NZHC 455

Citation

[2022] NZHC 455
Court

High Court

The interlocutory applications were dismissed: the court found a serious question could be argued on breach of fiduciary duty generally but there was no serious question to be tried in respect of the non-monetary substantive relief needed to underpin an interim injunction (removal of WAI claims from a legislative settlement) and the balance of convenience favoured refusal; a freezing order was refused because, notwithstanding an arguable case, there was no real risk of dissipation of assets, the WAI claims are not proprietary assets of MMTB, settlement redress is to be vested in a separate PS…
6 Sept 2018

BAKER v THE WAITANGI TRIBUNAL & ORS [2018] NZHC 2348

Citation

[2018] NZHC 2348
Court

High Court

The interim orders were dismissed because the applicant failed to demonstrate irreparable harm that would occur if the voting proceeded; the vote would not nullify the applicants' legal position or preclude the Court from granting relief if unlawfulness were later found; the orders sought were not reasonably necessary to preserve the applicant's position and balance of convenience and existing Crown-funded preparation weighed against injunction.
13 Apr 2006

PIRIHIRA FENWICK V THE TRUSTEES OF NGA KAIHAUTU O TE ARAWA EXECUTIVE COUNCIL AND ORS HC ROT CIV 2004-463-847

Citation

openlaw-1eccca54_bf47_481e_adcf_14e663cbd1af.pdf
Court

High Court

The plaintiff's claim is dismissed: the subject matter principally involved political Crown negotiation processes and, in any event, the Court found no proven breach of fiduciary duties by Executive Council members; even assuming duties outside the Deed of Trust existed, the plaintiff did not establish any breach and the Executive Council and Crown acted within published mandating policy in recognising and maintaining the mandate.

New Zealand Case Law

MANIAPOTO v MANIAPOTO MĀORI TRUST BOARD [2022] NZHC 455

BAKER v THE WAITANGI TRIBUNAL & ORS [2018] NZHC 2348

PIRIHIRA FENWICK V THE TRUSTEES OF NGA KAIHAUTU O TE ARAWA EXECUTIVE COUNCIL AND ORS HC ROT CIV 2004-463-847