Moore v Maori Land Court

[2023] NZCA 235

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA220/2023
 [2023] NZCA 235

BETWEEN	KEVIN MOORE Appellant
AND	THE MĀORI LAND COURT First Respondent SHELDON NGATAI, GEORGINA TE OTIANA JOHANSEN, ROSELLE TAYLOR, BRIDGET TAYLOR AND VINCENT GEORGE BROWN AS TRUSTEES OF WAITARA EAST SECTION 81B (ROHUTU) TRUST Second Respondents

Counsel:	G E Minchin for Appellant A P Lawson and N D White for First Respondent S W Hughes KC for Second Respondents
Judgment: (On the papers)	15 June 2023 at 10.00 am

JUDGMENT OF GODDARD J

AAn order is made by consent staying the injunction granted by the Māori Land Court on 20 April 2018 requiring Mr Moore to vacate the land owned by the trustees of the Rohutu Trust, pending determination of this appeal.

BLeave is reserved to any party to apply in the event of a relevant change in circumstances.

____________________________________________________________________

REASONS

Background

1. Mr Moore lives in a house that he has built on land owned by the trustees of the Waitara East 81B (Rohutu) Trust (the Rohutu Trust).  The trustees of the Rohutu Trust applied to the Māori Land Court for an order determining that Mr Moore had no right to ownership or possession of the Rohutu Trust’s land, and that he was trespassing.  They sought an injunction requiring him to vacate the property and to remove all his possessions.  For his part, Mr Moore made applications to the Māori Land Court seeking to establish an entitlement as a beneficiary of the Rohutu Trust, and an entitlement to occupy the land.

2. On 20 April 2018 the Māori Land Court granted an injunction in favour of the trustees of the Rohutu Trust requiring Mr Moore to permanently vacate the land.  The Māori Land Court also granted a stay of enforcement of that injunction to enable Mr Moore to pursue an application under s 45 of Te Ture Whenua Māori Act 1993 before the Chief Judge of that Court.[1]

   [1]Trustees of Waitara East 81B (Rohutu) Trust v Moore – Waitara East Section 81B (2018) 384 Aotea MB 113 (384 AOT 113).

3. Mr Moore’s application before the Chief Judge of the Māori Land Court was unsuccessful.[2]

   [2]Moore v Trustees of Waitara East 81B (Rohutu) Trust – Waitara East Section 81B [2022] Chief Judge’s MB 191 (2022 CJ 191).

4. Mr Moore applied to the High Court for judicial review of both decisions of the Māori Land Court.  That application was dismissed.[3]

The appeal and the application for a stay

[3]Moore v Māori Land Court [2023] NZHC 697.

1. Mr Moore has filed an appeal to this Court from the decision of the High Court.  He has applied for a stay of the injunction granted by the Māori Land Court on 20 April 2018, pending determination of this appeal. 

2. The first respondent abides the decision of this Court in relation to the appeal.

3. The trustees of the Rohutu Trust have filed a memorandum indicating that they (reluctantly) accept that a further stay is appropriate until the conclusion of the matter in the Court of Appeal.  They are seeking to have the stay in the Māori Land Court lifted, but consent to a stay being granted in this Court.

4. In these circumstances it is appropriate for a stay pending determination of the appeal to be granted by this Court. 

Result

1. I make an order by consent staying the injunction granted by the Māori Land Court on 20 April 2018 requiring Mr Moore to vacate the land owned by the trustees of the Rohutu Trust, pending determination of this appeal.

2. Leave is reserved to any party to apply in the event of a relevant change in circumstances.

Solicitors:
Exeo Legal, Wellington for Appellant
Crown Law Office | Te Tari Ture o te Karauna, Wellington for First Respondent