Ngawaka v Ngāti Rehua-Ngātiwai ki Aotea Trust Board (No 2) - [2021] 2 NZLR 1

Arbitration — Māori and Māori land — Trust — Registration of beneficiaries under trust — Dispute over whakapapa of two people — Agreement at mediation to arbitrate unresolved issues — Seeking to set aside agreed process — Tikanga law — Whether independent arbitrator able to decide whakapapa — Whether dispute arbitrable under Arbitration Act 1996 — External arbitration contrary to interim orders — Abuse of process — Arbitration Act 1996 s 10, sch 1 cl 8.

Māori and Māori Land — Trust — Arbitration — Registration of beneficiaries under trust — Dispute over whakapapa of two people — Agreement at mediation to arbitrate unresolved issues — Seeking to set aside agreed process — Tikanga as law to be found as fact — Whether independent arbitrator able to decide whakapapa — Whether dispute arbitrable under Arbitration Act — Te Ture Whenua Māori Act 1993 ss 114 and 114A.

Tikanga — Tikanga as law to be found as fact — Court needing to be careful in finding tikanga — Whether independent arbitrator able to decide whakapapa — Whether dispute arbitrable under Arbitration Act 1996 — Te Ture Whenua Māori Act 1993 ss 114 and 114A.

Trusts and trustees — Registration of beneficiaries — Māori and Māori land — Dispute over whakapapa of two people — Agreement at mediation to arbitrate unresolved issues — Seeking to set aside agreed process — Tikanga law — Whether independent arbitrator able to decide whakapapa — Whether dispute arbitrable under Arbitration Act — Te Ture Whenua Māori Act 1993 ss 114 and 114A.