Whakatōhea Kotahitanga Waka (Edwards) v Te Kāhui and Whakatōhea Māori Trust Board and Ors - SC 121/2023

The applications for leave to appeal are granted (Whakatōhea Kotahitanga Waka (Edwards) v Te Kāhui and Whakatōhea Māori Trust Board [2023] NZCA 504) on the question of the correctness of the judgment of the Court of Appeal.
17 April 2024
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A The application by Ngā Hapū o Ngāti Porou for leave to intervene is granted.
B Costs are reserved on this application and on the substantive hearing.
23 July 2024
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A The application by Te Kāhui Takutai Moana o Ngā Whānau me Ngā Hapū o Te Whakatōhea for a prospective costs order against the Attorney-General is granted.
B The respondent must pay the applicants prospective costs of $97,500, collectively.
C The respondent must pay the applicants costs on the application of $7,500 together with usual disbursements.
20 September 2024
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A The appeal (by the Attorney-General in relation to s 58 of the Marine and Coastal Area (Takutai Moana) Act 2011) is allowed.
B Costs are reserved.
2 December 2024
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A The Attorney-General’s appeals on the navigable rivers issue and challenging the award of PCRs to Ngāti Muriwai are dismissed.
B With the qualification that the part of WKW’s appeal regarding the boundaries of CMT Order 1 does not need to be determined, WKW’s appeal is dismissed.
C Te Upokorehe’s appeals are dismissed.
D Ngāti Muriwai’s appeal is allowed on the terms set out below at [258].
E Ngāti Ruatākenga’s appeal challenging the award of PCRs to Ngāti Muirwai is dismissed.
F Kuatere Marae’s appeal is allowed on the terms set out below at [271].
G Te Kāhui’s appeal in relation to Whakaari and Te Paepae o Aotea is allowed. The question of whether the test for CMT under s 58 of MACA is met in regard to Whakaari and Te Paepae o Aotea is remitted to the High Court for reconsideration.
H To the extent it remains live, Te Kahui’s appeal in relation to the decision to remit CMT Order 1 to the High Court is dismissed.
I CMT Order 2 is formally amended to capture the Ōhiwa Harbour in full.
J Whakatāne District Council, and Ngāti Muriwai and Kutarere Marae’s applications to adduce further evidence are allowed.
K The application by Te Kāhui to adduce further evidence is to be addressed by the High Court.
L The applications to file submissions out of time are allowed.
M Costs are reserved. If costs cannot be agreed, the parties should file memoranda on costs on or before Friday 10 October 2025.                                      
15 August 2025