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Judge deems Maori Land Court battle an abuse of process, orders Costs

Hone Tana news

A recent ruling by Judge Te Kani Walters in the Whangārei Māori Land Court labelled Hone Tana’s two-year legal pursuit against Pūkahakaha East 5B Trust an abuse of the legal system.

Tana, a member of the Ngunguru Sandspit Society, must pay $7,760 in legal costs to the trust.

The dispute arose after the trust purchased land along the Ngunguru sandspit, sparking legal action from Tana, who contested the trust’s ownership and alleged mismanagement of funds and land.

Despite multiple attempts, Tana’s claims failed to persuade the court, leading to a dismissal of his applications. However, he appealed for a rehearing, only to withdraw his claims ‘at the last minute’, according to a report in legacy media.

Judge Walters criticised Tana’s conduct, stating that his actions undermined the trust’s work and trampled upon the ‘principles of kinship’. Consequently, Tana was ordered to pay the trust’s legal costs.

Tana plans to appeal the decision, citing dissatisfaction with the cost order and his belief in the unfairness of the judgment.

‘The context here is that after having filed two separate applications, and an appeal to assert a right to be heard, Mr Tana has belatedly arrived at the conclusion that his applications are not going to succeed,’ said Walters.

Tana had made serious and personal allegations made about the trustees in court documents which he then circulated to parties outside of the court and the trust. Tana’s withdrawal of the case meant they had no opportunity to respond to the allegations.

‘To discontinue, therefore, would mean the trustees would be deprived of this opportunity to respond publicly to them…

‘Mr Tana’s applications sought to undermine the mana and rangatiratanga of the trust’s work and in doing so, has trampled upon that.’

Image credit: Unsplash+

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