Ngāti Hurungaterangi v Ngāti Wahiao - [2016] 3 NZLR 378

Māori and Māori Land — Beneficial entitlement to land — Appeal from decision of Arbitral Panel — Trust deed providing for determination of beneficial entitlement between parties — Interpretation of deed — Consideration of mana whenua and customary aspects of land tenure — Whether Panel failed to make findings as to beneficial ownership pre-Native Land Court decisions — Significance of Native Land Court decisions — Relevance of selling land to Crown in determining mana whenua — Whether Crown purchases relevant consideration in determining beneficial ownership — Whether error of law — Approach to s 348 of the Te Ture Whenua Māori Act 1993 — Land Titles Protection Act 1908, s 2.

Arbitration — Appeal against award — Trust deed — Deed providing beneficial entitlement to land be determined by mediation — Interpretation of deed — Whether sufficient reasons provided to support conclusions — Whether Award should be set aside — Arbitration Act 1996, arts 28, 31(2) and 34, schs 1 and 2.

Tikanga — Whether matter of law or fact — Tikanga to be proven by experts — Appeal against award — Whether Panel’s decision on tikanga subject to review as matter of law — Panel’s decision not reviewable as a decision of law.