23 Jul 2014
THE TE AUTE TRUST BOARD v JOHN DOUGLAS TAMATI HOKO-WHITU-ATU HAURAKI AS TRUSTEE OF THE NGAWAPURUA AND RUA ROA TRUSTS CA451/2013 [2014] NZCA 344
- Citation
- [2014] NZCA 344
- Court
- Court of Appeal
The Court granted joinder because Richard Tatere, as a residuary beneficiary and the only effective opposing party, should be joined; the Court granted leave to adduce further evidence limited to material that is relevant and suitable for appellate determination (not disputed factual or whakapapa issues beyond the Court's expertise) and reserved the power to remit inappropriate factual disputes to the lower courts; the judge's limited prior dealings with a named secretary did not amount to disqualification but parties may object within a set deadline.