September 18, 2018
Land Court judge too close to Horowhenua dispute
PHIL TAUEKI INTERVIEW CLICK HERE
The Māori Appellate Court has sacked the trustees of Lake Horowhenua Trust and critised the judge who appointed them.
The trust has been in a long-running fight with some of its beneficiaries over its stewardship of what is one of the country’s most polluted lakes.
In January 2016 Philip Taueki sought an injunction because the trust’s term had expired and no attempt had been made ot hold elections.
The court granted that injunction and an election was held, with 14 persons nominated for 11 trustee positions.
Mr Taueki, Charles Rudd and Vivian Taueki each opposed the appointment of trustees on various grounds, including because of the association of some with the Muaūpoko Tribal Authority, but Judge Michael Doogan confirmed the election of the 11 who got the most votes.
The Appellate Court says what the trio did not know at the time was Judge Doogan formerly acted for the Muaūpoko Tribal Authority in litigation where Mr Rudd was the litigant, and the instructing solicitor was Matthew Sword, who was one of those appointed to the Lake Horowhenua Trust.
They found a fair a fair-minded, impartial and properly informed observer could reasonably have thought Judge Doogan might not bring an impartial mind to the matters before him.
The court ordered a rehearing to consider the results of the 2016 elections, hear objections to candidates, and appoint new trustees.
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