Ngāti Whātua Ōrākei Trust v Attorney General , Ngā ti Paoa Iwi Trust and Marutūāhu Rōpū Ltd - SC 135/2017

Media releases


Civil Appeal – Whether Court of Appeal erred in upholding the High Court’s decision to strike out the applicant’s claim for judicial review – Whether decisions made by the Minister of Treaty of Waitangi Negotiations regarding land proposed to be applied to Treaty of Waitangi settlements are reviewable.


A Leave to appeal is granted (Ngᾱti Whᾱtua Ōrᾱkei Trust v Attorney General [2017] NZCA 554).
B The approved question is whether the Court of Appeal should have allowed the applicant’s appeal to that Court.                                                                   
23 March 2018 
A The appeal is allowed in part.  The claim is reinstated apart from paragraphs (e) and (f) of the declaratory relief sought. The proceeding is remitted to the High Court for hearing.
B The first and third respondents must pay the appellant one set of costs of $25,000 plus usual disbursements.  We allow for second counsel.
C The costs orders in the High Court and Court of Appeal are set aside.  If costs in those Courts cannot be agreed they should be set by the Court of Appeal and High Court respectively in light of this judgment.                              
17 September 2018

Hearing Transcripts

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