Mita Michael Ririnui v Landcorp Farming Limited and The Attorney-General - SC 47/2015

An order is made that the first respondent, Landcorp Farming Ltd, not proceed with the sale of the Wharere Farm until further order of the Court.
14 May 2015
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A  The application for leave to appeal is granted (The Attorney-General v Ririnui [2015] NZCA 160).
B  The approved questions are whether the Court of Appeal was correct to refuse the relief sought by the applicant based on:
(a)   the claimed bad faith on the part of Landcorp;
(b)    the acknowledged error of law by the Office of Treaty Settlements in its advice to Landcorp;
(c) the failure of the shareholding Ministers of Landcorp to intervene.
C   The first respondent is restrained until further order of the Court from settling the agreement for sale and purchase of Whārere Farm, with leave reserved to the parties or to the purchaser to apply for discharge or variation of this order.
D  The Registrar is directed to serve a copy of this judgment on the purchaser. 
27 May 2015
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A The appeal is allowed in part.
B The following declarations are made:
(i)    The decision of Landcorp Farming Limited’s shareholding Ministers and the Minister for Treaty of Waitangi Negotiations not to intervene in the tender process on behalf of Ngāti Whakahemo as they did on behalf of Ngāti Mākino was a wrongful exercise of a public power because it was made under a material mistake.
(ii)    The decision by Landcorp Farming Limited on 28 February 2014 to sell Whārere farm to Micro Farms Limited was a wrongful exercise of a public power because it was made under a material mistake.
C All other forms of relief claimed by the appellant are declined.
D The restraining order made by this Court in Order C of its judgment granting leave to appeal (Ririnui v Landcorp Farming Ltd [2015] NZSC 72) is discharged.
E Costs are reserved. The parties may file written submissions as to costs in this Court and in the Courts below if they are unable to reach agreement.

9 June 2016
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A The orders of the Court of Appeal as to costs are quashed.
B The parties are to bear their own costs in all Courts.
1 May 2017