New Zealand Case Law: Decisions & Judgments

Topic

Post-settlement governance

Legal area

Court

1 Oct 2018

RE HYNES [2018] NZHC 2575

Citation

[2018] NZHC 2575
Court

High Court

Transactions 1–3 were Major Transactions under the Settlement Trust deed and required approval by Special Resolution; s 64 could not be used to retrospectively authorise them because the deed contained an express contrary intention requiring member approval; s 66 relief in the form sought (doing nothing or merely informing beneficiaries) was inadequate, and the Court directed trustees to seek approval by Special Resolution in accordance with the deed.
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…
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.

New Zealand Case Law

RE HYNES [2018] NZHC 2575

COLIN BIDOIS AS REPRESENTATIVE OF PIRIRAKAU V RAPATA (ROBERT) LEEF AS REPRESENTATIVE OF NGATI TAKA [2017] NZCA 437

POUWHARE AND ORS V KRUGER AND ORS HC WN CIV-2009-485-976