Te Runanga o Muriwhenua Inc v Attorney-General - [1990] 2 NZLR 641

Evidence — Admissibility — Report of Waitangi Tribunal — Waitangi Tribunal published report on Maori fishing rights while proceedings were pending in High Court concerning those rights — Whether report was admissible in High Court at common law as a public document — Whether report was admissible as documentary hearsay — Whether report was a published book dealing with matters of public history to which Court could refer — Evidence Act 1908, s 42 — Evidence Amendment Act (No 2) 1980, s 3.

Fishing and fisheries — Maori fishing rights — Observations as to the Court's approach in applying the Treaty of Waitangi and the Maori Fisheries Act 1989 to claims for Maori fishing rights — Fisheries Act 1983, ss 28C and 88(2).

Practice and procedure — Trial — Conduct of High Court proceedings — Appellants sought directions as to how proceedings should be conducted in High Court and for preliminary determinations of points of law — Whether Court of Appeal should interfere with High Court's discretion as to how proceedings should be conducted — Whether all issues of fact and law should first be determined in High Court.

Practice and procedure — Parties — Joinder of Crown — Attorney-General was sued in respect of Minister of Crown and his Ministry — Whether Attorney-General should also be joined as a party as representing the Crown in title of New Zealand.

Practice and procedure — Res judicata — Waitangi Tribunal published report on Maori fishing rights when proceedings were pending in High Court on similar issues — Whether findings of Tribunal were binding on Crown — Whether issues were res judicata — Treaty of Waitangi Act 1975, s 6.