15 Jul 2014
TUUTA v NGĀTI MUTUNGA O WHAREKAURI IWI TRUST [2014] NZHC 1666
- Citation
- [2014] NZHC 1666
- Court
- High Court
The court declined declaratory relief and concluded that the trust deed contemplates that the type of allegiance-based conflict alleged is addressed under the conflicts regime in Schedule 5 (post-election, on a transactional basis) rather than by general pre-election disqualification under clause 11.4; nomination forms can be prescribed and amended to add objective eligibility criteria; the disputes committee mechanism is not the appropriate forum to determine a pure question of deed construction in these circumstances, and a declaration would be of limited utility or moot.