Wairarapa Moana Ki Pouākani Incorporation v Mercury NZ Limited and The Waitangi Tribunal and Ors - SC 93/2021

A The applications for extensions of time to apply for leave to appeal in SC 93/2021 and SC 127/2021 are granted.
B Leave to appeal in SC 93/2021 and SC 127/2021 is granted (Mercury NZ Ltd v The Waitangi Tribunal [2021] NZHC 654).
C The approved question in each appeal is whether the High Court’s decision was correct.
11 October 2021
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A We extend time for the first respondent to apply for leave to cross-appeal in SC 93/2021.
B We grant leave to the first respondent in SC 93/2021 to cross-appeal.
C The approved question is whether the High Court’s decision on the first respondent’s claim in that Court was correct.
15 December 2021
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A The appeal by Wairarapa Moana ki Pouākani Inc in SC 93/2021 is allowed in part. The High Court’s ruling that the Waitangi Tribunal has no power to recommend resumption in favour of a claimant without mana whenua is set aside. The appeal is otherwise dismissed.
B The appeal by Ryshell Griggs and Mark Chamberlain in SC 127/2021 and the cross-appeal by Mercury NZ Limited in SC 93/2021 are dismissed.
C Issues as to costs may be dealt with by memoranda if they are not otherwise agreed. Memoranda will be no longer than five pages and must be filed and served within 20 working days.
7 December 2022