Supreme Court case information

Listed below are the substantive Supreme Court cases for the year along with appeals still to be determined or cases awaiting hearing. 

Information giving an overview of the case is included along with media releases and links to judgments being appealed when available.

All 2024 - 2014 Supreme Court cases dismissed or deemed to be dismissed where a notice of abandonment was received can be found here.

Transcripts for cases heard before the Supreme Court are included provided they are not suppressed. Transcripts from pre-trial hearings are not published until the final disposition of trial. These are unedited transcripts and they are not a formal record of the Court’s proceedings. The Ministry of Justice does not accept responsibility for the accuracy or completeness of any material and recommends that users exercise their own skill and care with respect to its use.

3 July 2026

Case information summary (as at 3 July 2026) –  Cases where leave granted (PDF, 88 KB)
Case information summary (as at 3 July 2026)  – Cases where leave to appeal decision not yet made (PDF, 127 KB) 

All years

Case name
Luca Fairgray v The King
Case number
SC 14/2023
Summary
Criminal Appeal
Result
A The application for leave to appeal by M is granted (LF (CA596/2022) v R and [M] (CA671/2022) v R [2022] NZCA 656). The approved question is whether the Court of Appeal was correct to dismiss M’s appeal in so far as it sought suppression of LF’s name under ss 200(1) and 200(2)(f) of the Criminal Procedure Act 2011.
B The application for an extension of time by LF to appeal direct to this Court, against the High Court’s judgment ([LF] v R [2022] NZHC 2547) is granted. Leave to appeal is granted. The approved question is whether the High Court was correct to decline to grant LF permanent name suppression.
C We make an interim order prohibiting publication of LF’s name, address, occupation or identifying particulars pending the determination of the appeals by the Supreme Court.
D We make an order prohibiting publication of this judgment until 2 pm on 25 May 2023
23 May 2023
_________________________________________________________

A The application by the appellant LF to adduce evidence updating the position in terms of social media and other coverage relating to LF’s case is granted.
B M’s appeal is dismissed.
C LF’s appeal is dismissed.
D Order prohibiting publication of LF’s name, address, occupation or identifying particulars until 5.00 pm on 14 June 2024 or on earlier order of the Court quashing or varying this order.
E Order prohibiting publication of the media release; of the minutes; and of this judgment or any information therein until the judgment is delivered at 4.00 pm on 23 April 2024.
F Order prohibiting publication of any reference to mental health issues beyond those made in the judgment which is made publicly available.
G Order redacting part of the excerpt set out at [74] of the judgment which is made publicly available.
H Order made that the files for these appeals are not to be searched without the leave of a Judge of this Court.
23 April 2024


_________________________________________
NOTE:  INTERIM ORDER PROHIBITING PUBLICATION OF LF’S NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS HAS BEEN EXTENDED UNTIL 5.00 PM 31 MARCH 2025 OR ON EARLIER ORDER OF THE COURT QUASHING OR VARYING THIS ORDER.__________________________________________
A The application to quash the interim order this Court prohibiting publication of the name, address, occupation or identifying particulars of the appellant is granted with effect as from 2.00 pm on Monday 3 March 2025. Suppression will lapse at that time.
B The application for extension of the interim order prohibiting publication of the appellant’s name in relation to his previous offending is declined.        
28 February 2025
Date of hearing
19 October 2023
Judges
Winkelmann CJ, Glazebrook, O’Regan, Ellen France and Kós JJ
Transcripts
Case Synopses
Media Releases
District Court decision
Not publicly available
High Court decision
Not publicly available
Leave judgment - leave granted
M (SC 13/2023) v R [2023] NZSC 61 [23 May 2023 (PDF, 196 KB)
Substantive judgment
M (SC 13/2023) v R [2024] NZSC 29 [23 April 2024] (PDF, 371 KB)
Supreme court decision
LUCA FAIRGRAY v R [2025] NZSC 6 [28 February 2025] (PDF, 215 KB)
Case name
B (SC 26/2023) v C (SC 26/2023)
Case number
SC 26/2023
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application to adduce new evidence in this Court is dismissed.
B The application for leave to appeal is dismissed.
15 May 2023
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
B (SC 26/2023) v C (SC 26/2023) [2023] NZSC 52 [15 May 2023] (PDF, 54 KB)
Case name
W (SC 60/2023) v The King
Case number
SC 60/2023
Summary

Criminal Appeal
Result

A Mr Hoggart’s application for an extension of time to apply for leave to appeal is granted.
B The applications for leave to appeal are granted in part ([W] v R [2023] NZCA 155). The approved questions are:
1 Whether the Court of Appeal was correct to conclude that a media take down order was not required in the circumstances of this case.
2 Whether the Court of Appeal was correct to conclude that the verdicts were not unreasonable in light of admissible evidence relating to the potential culpability of Lester Hamilton (deceased).
C The applications for leave to appeal are otherwise dismissed.
D Interim order suppressing the name of W and any identifying particulars made on 9 June 2023 is to continue until further order.
12 December 2023
Date of hearing
06 August 2024 - 07 August 2024
Judges
Winkelmann CJ, Glazebrook, Williams, Kós and Miller JJ
Case Synopses
Media Releases
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave granted
W (SC 60/2023) v R and MARK JOSEPH HOGGART v R [2023] NZSC 164 [12 December 2023] (PDF, 197 KB)
Substantive judgment
WILSON v R [2026] NZSC 88 [7 July 2026] (PDF, 2.4 MB)
Case name
Paki Nikora and Parearau Polly Alice Nikora on behalf of Te Kaunihera Kaumātua o Tūhoe v Tāmati Kruger on behalf of Tūhoe - Te Uru Taumatua Trust
Case number
SC 67/2023
Summary
Civil Appeal
Result
A Leave to appeal is granted (Kruger on behalf of Tūhoe Te Uru Taumatua Trust v Nikora on behalf of Te Kaunihera Kaumātua o Tūhoe [2023] NZCA 179).
B The approved question is whether the Court of Appeal erred in allowing the respondent’s appeal to that Court.
28 August 2023
_____________________________________________________________
A The application by the respondent to adduce the evidence of Te Whenua Te Kurapa is granted.
B The appeal is allowed.
C The orders made by the Māori Land Court in relation to trustee elections of the Tūhoe – Te Uru Taumatua Trust are reinstated (Nikora on behalf of Te Kaunihera Kaumātua o Tūhoe v Trustees of Tūhoe – Te Uru Taumatua (2021) 252 Waiariki MB 157 (252 WAR 157) at [85]).
D The trustees of the Tūhoe – Te Uru Taumatua Trust must pay the appellants their actual and reasonable legal costs and disbursements in connection with the appeal to this Court out of the assets of the Trust. If the parties are unable to agree on the amount of costs and disbursements payable, that will be determined by the Registrar of this Court.
E Any outstanding issues relating to costs in the Courts below are to be determined by those Courts, in light of this judgment.
3 October 2024
Date of hearing
27 February 2024
Judges
Winkelmann CJ, Glazebrook, Williams, O'Regan, Collins JJ
Submissions from counsel
Transcripts
Case Synopses
Media Releases
Additional document
Kruger v Nikora - Tuhoe -Te Uru Taumatua [2021] Māori Appellate Court MB 444 (2021 APPEAL 444)
Court of Appeal decision
TĀMATI KRUGER ON BEHALF OF TŪHOE TE URU TAUMATUA TRUST v PAKI NIKORA ON BEHALF OF TE KAUNIHERA KAUMĀTUA O TŪHOE [2023] NZCA 179 [18 May 2023]
Leave judgment - leave granted
PAKI NIKORA ON BEHALF OF TE KAUNIHERA KAUMĀTUA O TŪHOE v TAMATI KRUGER ON BEHALF OF TŪHOE TE URU TAUMATUA TRUST [2023] NZSC 114 [28 August 2023] (PDF, 137 KB)
Substantive judgment
PAKI NIKORA AND PAREARAU POLLY ALICE NIKORA ON BEHALF OF TE KAUNIHERA KAUMĀTUA O TŪHOE v TĀMATI KRUGER ON BEHALF OF TŪHOE – TE URU TAUMATUA TRUST [2024] NZSC 130 [3 October 2024] (PDF, 411 KB)
Videos
Case name
Mark Jospeh Hoggart v The King
Case number
SC 77/2023
Summary

Criminal Appeal
Result

A Mr Hoggart’s application for an extension of time to apply for leave to appeal is granted.
B The applications for leave to appeal are granted in part ([W] v R [2023] NZCA 155). The approved questions are:
1 Whether the Court of Appeal was correct to conclude that a media take down order was not required in the circumstances of this case.
2 Whether the Court of Appeal was correct to conclude that the verdicts were not unreasonable in light of admissible evidence relating to the potential culpability of Lester Hamilton (deceased).
C The applications for leave to appeal are otherwise dismissed.
D Interim order suppressing the name of W and any identifying particulars made on 9 June 2023 is to continue until further order.
12 December 2023
Date of hearing
06 August 2024 - 07 August 2024
Judges
Winkelmann CJ, Glazebrook, Williams, Kós and Miller JJ
Case Synopses
Media Releases
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave granted
W (SC 60/2023) v R and MARK JOSEPH HOGGART v R [2023] NZSC 164 [12 December 2023 (PDF, 197 KB)
Substantive judgment
WILSON v R [2026] NZSC 88 [7 July 2026] (PDF, 2.4 MB)
Case name
Jane Alison Farish v The King
Case number
SC 90/2023
Summary
Criminal Appeal
Result
A Leave is granted in part (Dallison v R [2023] NZCA 282).
B The approved question is whether the Court of Appeal erred in declining to make the order sought by the applicant under s 205(2)(c) of the Criminal Procedure Act 2011.
C The application for leave to appeal is otherwise dismissed.
D We make an order prohibiting publication of the applicant’s name, address, occupation and identifying particulars and of the information to which the application under s 205(2)(c) of the Criminal Procedure Act 2011 relates until final resolution of the appeal to this Court.
30 October 2023
_______________________________________________________
A The appeal is allowed.
B We make an order prohibiting publication of this judgment, the media release and the minutes, and any information therein, until the judgment is delivered at 2.00 pm on 11 June 2024.
C We make an order prohibiting publication of certain evidence and submissions contained in this judgment pursuant to s 205 of the Criminal Procedure Act 2011. See paragraph [82].
D We make an order redacting parts of the judgment that is made publicly available.
E We make an order that the files for this appeal are not to be searched without the leave of a Judge of this Court.
11 June 2024
Date of hearing
28 February 2024
Judges
Winkelmann CJ, Glazebrook, Ellen France, Williams and Miller JJ
Case Synopses
Media Releases
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave granted
F (SC 90/2023) v R [2023] NZSC 143 [30 October 2023] (PDF, 166 KB)
Substantive judgment
JANE ALISON FARISH v R [2024] NZSC 65 [11 June 2024] (PDF, 316 KB)
Case name
Whakatōhea Kotahitanga Waka (Edwards) v Te Kāhui and Whakatōhea Māori Trust Board and Ors
Case number
SC 121/2023
Summary

Civil Appeal
Result

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
______________________________________________________
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
______________________________________________________
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
_______________________________________________
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
_______________________________________________
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
Date of hearing
04 November 2024 - 15 November 2024
Judges
Glazebrook, Ellen France, Williams, Kós and French JJ
Submissions from counsel
Transcripts
Case Synopses
Media Releases
High Court decision
Re Edwards (Te Whakatōhea No. 2) [2021] NZHC 1025 [7 May 2021
Court of Appeal decision
WHAKATŌHEA KOTAHITANGA WAKA (EDWARDS) & ORS v TE KĀHUI AND WHAKATŌHEA MĀORI TRUST BOARD & ORS [2023] NZCA 504 [18 October 2023]
Leave judgment - leave granted
WHAKATŌHEA KOTAHITANGA WAKA (EDWARDS) v TE KĀHUI TAKUTAI MOANA O NGĀ WHĀNAU ME NGĀ HAPŪ O TE WHAKATŌHEA [2024] NZSC 33 [17 April 2024] (PDF, 152 KB)
Supreme court decision
WHAKATŌHEA KOTAHITANGA WAKA (EDWARDS) v TE KĀHUI TAKUTAI MOANA O NGĀ WHĀNAU ME NGĀ HAPŪ O TE WHAKATŌHEA [2024] NZSC 77 [23 July 2024] (PDF, 222 KB)
Supreme court decision
INTERIM JUDGMENT OF THE COURT (COSTS): WHAKATŌHEA KOTAHITANGA WAKA (EDWARDS) v NGĀTI IRA O WAIŌWEKA, NGĀTI PATUMOANA, NGĀTI RUATĀKENGA AND NGĀI TAMAHAUA (TE KĀHUI TAKUTAI MOANA O NGĀ WHĀNAU ME NGĀ HAPŪ O TE WHAKATŌHEA) [2024] NZSC 119 [20 September 2024 (PDF, 354 KB)
Substantive judgment
Combined Marine and Coastal Area (Takutai Moana) Act 2011 proceedings (PDF, 940 KB)
Substantive judgment
WHAKATŌHEA KOTAHITANGA WAKA (EDWARDS) v NGĀTI IRA O WAIOWEKA, NGĀTI PATUMOANA, NGĀTI RUATĀKENGA AND NGĀI TAMAHAUA (TE KĀHUI TAKUTAI MOANA O NGĀ WHĀNAU ME NGĀ HAPŪ O TE WHAKATŌHEA) [2025] NZSC 104 [15 August 2025] (PDF, 1.3 MB)
Videos
Case name
Ngāti Muriwai Hapū v Whakatōhea Kotahitanga Waka (Edwards) and Ors
Case number
SC 123/2023
Summary

Civil Appeal
Result

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
____________________________________________
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
____________________________________________
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
_____________________________________________________
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
_____________________________________________________
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
Date of hearing
04 November 2024 - 15 November 2024
Judges
Glazebrook, Ellen France, Williams, Kós and French JJ
Submissions from counsel
Transcripts
Case Synopses
Media Releases
High Court decision
Re Edwards (Te Whakatōhea No. 2) [2021] NZHC 1025 [7 May 2021]
Court of Appeal decision
WHAKATŌHEA KOTAHITANGA WAKA (EDWARDS) & ORS v TE KĀHUI AND WHAKATŌHEA MĀORI TRUST BOARD & ORS [2023] NZCA 504 [18 October 2023]
Leave judgment - leave granted
WHAKATŌHEA KOTAHITANGA WAKA (EDWARDS) v TE KĀHUI TAKUTAI MOANA O NGĀ WHĀNAU ME NGĀ HAPŪ O TE WHAKATŌHEA [2024] NZSC 33 [17 April 2024] (PDF, 152 KB)
Supreme court decision
WHAKATŌHEA KOTAHITANGA WAKA (EDWARDS) v TE KĀHUI TAKUTAI MOANA O NGĀ WHĀNAU ME NGĀ HAPŪ O TE WHAKATŌHEA [2024] NZSC 77 [23 July 2024] (PDF, 222 KB)
Supreme court decision
INTERIM JUDGMENT OF THE COURT (COSTS): WHAKATŌHEA KOTAHITANGA WAKA (EDWARDS) v NGĀTI IRA O WAIŌWEKA, NGĀTI PATUMOANA, NGĀTI RUATĀKENGA AND NGĀI TAMAHAUA (TE KĀHUI TAKUTAI MOANA O NGĀ WHĀNAU ME NGĀ HAPŪ O TE WHAKATŌHEA) [2024] NZSC 119 [20 September 2024 (PDF, 354 KB)
Substantive judgment
Combined Marine and Coastal Area (Takutai Moana) Act 2011 proceedings (PDF, 940 KB)
Substantive judgment
WHAKATŌHEA KOTAHITANGA WAKA (EDWARDS) v NGĀTI IRA O WAIOWEKA, NGĀTI PATUMOANA, NGĀTI RUATĀKENGA AND NGĀI TAMAHAUA (TE KĀHUI TAKUTAI MOANA O NGĀ WHĀNAU ME NGĀ HAPŪ O TE WHAKATŌHEA) [2025] NZSC 104 [15 August 2025] (PDF, 1.3 MB)
Videos
Case name
Kutarere Marae v Whakatōhea Kotahitanga Waka (Edwards) and Ors
Case number
SC 124/2023
Summary

Civil Appeal
Result

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
_____________________________________________________
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
_____________________________________________________
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
___________________________________________
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
___________________________________________
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
Date of hearing
04 November 2024 - 15 November 2024
Judges
Glazebrook, Ellen France, Williams, Kós and French JJ
Submissions from counsel
Transcripts
Case Synopses
Media Releases
High Court decision
Re Edwards (Te Whakatōhea No. 2) [2021] NZHC 1025 [7 May 2021]
Court of Appeal decision
WHAKATŌHEA KOTAHITANGA WAKA (EDWARDS) & ORS v TE KĀHUI AND WHAKATŌHEA MĀORI TRUST BOARD & ORS [2023] NZCA 504 [18 October 2023]
Leave judgment - leave granted
WHAKATŌHEA KOTAHITANGA WAKA (EDWARDS) v TE KĀHUI TAKUTAI MOANA O NGĀ WHĀNAU ME NGĀ HAPŪ O TE WHAKATŌHEA [2024] NZSC 33 [17 April 2024 (PDF, 152 KB)
Supreme court decision
WHAKATŌHEA KOTAHITANGA WAKA (EDWARDS) v TE KĀHUI TAKUTAI MOANA O NGĀ WHĀNAU ME NGĀ HAPŪ O TE WHAKATŌHEA [2024] NZSC 77 [23 July 2024] (PDF, 222 KB)
Supreme court decision
INTERIM JUDGMENT OF THE COURT (COSTS): WHAKATŌHEA KOTAHITANGA WAKA (EDWARDS) v NGĀTI IRA O WAIŌWEKA, NGĀTI PATUMOANA, NGĀTI RUATĀKENGA AND NGĀI TAMAHAUA (TE KĀHUI TAKUTAI MOANA O NGĀ WHĀNAU ME NGĀ HAPŪ O TE WHAKATŌHEA) [2024] NZSC 119 [20 September 2024 (PDF, 354 KB)
Substantive judgment
Combined Marine and Coastal Area (Takutai Moana) Act 2011 proceedings (PDF, 940 KB)
Substantive judgment
WHAKATŌHEA KOTAHITANGA WAKA (EDWARDS) v NGĀTI IRA O WAIOWEKA, NGĀTI PATUMOANA, NGĀTI RUATĀKENGA AND NGĀI TAMAHAUA (TE KĀHUI TAKUTAI MOANA O NGĀ WHĀNAU ME NGĀ HAPŪ O TE WHAKATŌHEA) [2025] NZSC 104 [15 August 2025] (PDF, 1.3 MB)
Videos
Case name
Te Ūpokorehe Treaty Claims Trust on behalf of Te Ūpokorehe Iwi v Landowners Coalition Incorporated and Ors
Case number
SC 125/2023
Summary

Civil Appeal
Result

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
________________________________________________________________________________
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
________________________________________________________________________________
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
____________________________________________
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
____________________________________________
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
Date of hearing
04 November 2024 - 15 November 2024
Judges
Glazebrook, Ellen France, Williams, Kós and French JJ
Submissions from counsel
Transcripts
Case Synopses
Media Releases
High Court decision
Re Edwards (Te Whakatōhea No. 2) [2021] NZHC 1025 [7 May 2021]
Court of Appeal decision
WHAKATŌHEA KOTAHITANGA WAKA (EDWARDS) & ORS v TE KĀHUI AND WHAKATŌHEA MĀORI TRUST BOARD & ORS [2023] NZCA 504 [18 October 2023]
Leave judgment - leave granted
WHAKATŌHEA KOTAHITANGA WAKA (EDWARDS) v TE KĀHUI TAKUTAI MOANA O NGĀ WHĀNAU ME NGĀ HAPŪ O TE WHAKATŌHEA [2024] NZSC 33 [17 April 2024 (PDF, 152 KB)
Supreme court decision
WHAKATŌHEA KOTAHITANGA WAKA (EDWARDS) v TE KĀHUI TAKUTAI MOANA O NGĀ WHĀNAU ME NGĀ HAPŪ O TE WHAKATŌHEA [2024] NZSC 77 [23 July 2024] (PDF, 222 KB)
Supreme court decision
INTERIM JUDGMENT OF THE COURT (COSTS): WHAKATŌHEA KOTAHITANGA WAKA (EDWARDS) v NGĀTI IRA O WAIŌWEKA, NGĀTI PATUMOANA, NGĀTI RUATĀKENGA AND NGĀI TAMAHAUA (TE KĀHUI TAKUTAI MOANA O NGĀ WHĀNAU ME NGĀ HAPŪ O TE WHAKATŌHEA) [2024] NZSC 119 [20 September 2024 (PDF, 354 KB)
Substantive judgment
Combined Marine and Coastal Area (Takutai Moana) Act 2011 proceedings (PDF, 940 KB)
Substantive judgment
WHAKATŌHEA KOTAHITANGA WAKA (EDWARDS) v NGĀTI IRA O WAIOWEKA, NGĀTI PATUMOANA, NGĀTI RUATĀKENGA AND NGĀI TAMAHAUA (TE KĀHUI TAKUTAI MOANA O NGĀ WHĀNAU ME NGĀ HAPŪ O TE WHAKATŌHEA) [2025] NZSC 104 [15 August 2025] (PDF, 1.3 MB)
Videos
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