Judicial Review 2022
Te Rūnanga o Ngāi Tahu (Ngāi Tahu) has filed an application for judicial review with the High Court, arguing that the resolution of iwi at the 2016 SGM in favour of equal sharing of surplus funds is unlawful and that Te Ohu Kaimoana should not have included in its report to the Minister in response to the statutory review. To ensure that Mandated Iwi Organisations can access Court documents related to this case, we have requested permission from the Court to publish pleadings in this proceeding, Te Ohu Kaimoana’s Memorandum’s and any Minutes issued by the Court, as a source of information for the mandated iwi organisations. These can be found in the tabs below.
Statements of defence
These are the statements of defence for Te Ohu Kai Moana and the Minister of Oceans and Fisheries
02/12/2022
- Statement of defence for the first defendant – Click here to view PDF
- Statement of defence for the second defendant – Click here to view PDF
- Memorandum of counsel for the first defendant:
(a) proposing appointment of counsel assisting
(b) seeking permission to publish pleadings on website
Click here to view PDF
Statement of claim
This is Te Rūnanga o Ngāi Tahu’s statement of claim against Te Ohu Kai Moana Trustee Limited and the Minister of Oceans and Fisheries, and Ngāi Tahu’s response to the Statement of Defence for Te Ohu Kaimoana Trustee Limited and the Minister of Oceans and Fisheries.
02/12/2022
Ngāi Tahu responses to the TOKM and Crown SOD
- Plaintiff’s reply to the first defendant’s statement of defence – Click here to view PDF
- Plaintiff’s reply to the second defendant’s statement of defence – Click here to view PDF
01/11/2022
- Ngai Tahu TOKM statement of claim – Click here to view PDF
More information
01/03/2023
- Notice of Interlocutory Hearing – Click here to view PDF
- Te Rūnanga o Ngāi Tahu v Te Ohu Kai Moana Trustee Ltd [2023] NZHC 302 (decision on TOKM application to rescind Court direction staying the proceeding) – Click here to view PDF
07/02/2023
- Minute of the Court directing for a hearing on the stay application – Click here to view PDF
01/02/2023
- TOKM application to rescind Court order to stay proceedings – Click here to view PDF
- TOKM MoC supporting application to rescind Court order – Click here to view PDF
27/01/2023
- Court Minute issuing a stay of proceedings – Click here to view PDF
23/01/2023
- Waikato-Tainui MoC supporting stay sought by Ngāi Tahu (not attached)
20/01/2023
- Crown MoC opposing stay sought for by Ngāi Tahu (not attached)
- Ngāi Tahu MoC rejecting TOKM and Crown opposition to the stay application (not attached)
18/01/2023
- TOKM MoC opposing stay sought by Ngāi Tahu – Click here to view PDF
23/12/2023
- Ngāi Tahu MoC applying for a stay of the proceedings (not attached)
15/12/2022
- Court Minute re independent contradictor (Circulated on 19 Dec 2022) – Click here to view PDF
09/12/2022
- MoC for Te Whakakitenga o Waikato Incorporated, seeking joinder as an interested party – (not attached)
08/12/2022
- Ngāi Tahu MoC for the plaintiff – (not attached)
06/12/2022
- MOC for the Crown re publishing on website – (not attached)
05/12/2022
- Ngāpuhi MoC – (not attached)
24/11/2022
- Joint memorandum of counsel in relation to timetable – Click here to view PDF
16/11/2022
- Notice of hearing date – Click here to view PDF
15/11/2022
- Court Minute – Click here to view PDF
11/11/2022
- Crown filed:
- Notice of opposition to application for urgency; (5) – (not attached)
- Affidavit of Daniel James Bolger – (not attached); and
- Memorandum of counsel for the second respondent. (5a) – (not attached)
- Ngāi Tahu – MoC for the plaintiff – (not attached)
07/11/2022
- Court Minute – Click here to view PDF
04/11/2022
- TOKM – MoC for the first respondent – Click here to view PDF
- Minister For Oceans And Fisheries – MoC for the second respondent – (not attached)
- Ngāi Tahu filed:
- MoC for the plaintiff (3) – (not attached)
- Proposed hearing timetable timetabling (3a) – (not attached)
Pānui | Notices
Here you will find all pānui from Te Ohu Kaimoana relating to the judicial review proceedings
Judicial Review Proceedings | Update 4
Ngāi Tahu Judicial Review Proceedings Discontinued 1 Poutū-te-rangi 2023 Late last year Te Ohu Kaimoana undertook a commitment to openly communicate with iwi regarding the judicial review proceedings issued by Te Rūnanga o Ngāi Tahu [...]
Judicial Review Proceedings | Update 3
Court orders a 6 month stay on Ngāi Tahu Judicial review proceedings; Te Ohu Kaimoana applies for rescind of that order 9 Hui-tanguru 2023 Late last year Te Ohu Kaimoana undertook a commitment to openly [...]
Judicial Review Proceedings | Update 2
Rā: 8 o Hakihea | 8 December 2022 Tēnā koe, As requested by the Court on 5 December, please find attached the Statement of Defence for Te Ohu Kaimoana and the Statement of Defence [...]
Judicial Review Proceedings | Update 1
Rā: 2 o Hakihea | 2 December 2022 Te Rūnanga o Ngāi Tahu (Ngāi Tahu) has filed an application for judicial review with the High Court, arguing that the resolution of iwi at the [...]