Issue: The primary issue in Ngawaka v Ngāti Rehua-Ngātiwai ki Aotea Trust Board (No 2) revolves around the dispute over the whakapapa (genealogy) of two individuals within the context of Māori land and trust law. Specifically, the case questions whether the whakapapa of these individuals can be determined through independent arbitration, and whether such a dispute is arbitrable under the Arbitration Act 1996, in light of tikanga Māori (Māori customs and traditions) and the specific tikanga of Ngāti Rehua-Ngātiwai ki Aotea. Facts: The case involves two groups of beneficiaries of the Ngāti Rehua-Ngātiwai ki Aotea Trust, a charitable trust managing assets, including land under Te Ture Whenua Māori Act 1993. Disagreements arose over various aspects of the trust's administration, a Treaty settlement, and the criteria for beneficiary registration and trustee election. After failing to hold an Annual General Meeting since January 2016, the plaintiffs sought the removal of the defendants as trustees and fresh elections. A mediation in May 2017 led to an agreement to arbitrate unresolved issues, including the whakapapa dispute. Rule: The case examines the applicability of tikanga Māori as law, the supervisory jurisdiction of courts over trusts, the Arbitration Act 1996, and the Te Ture Whenua Māori Act 1993. It highlights the principle that tikanga Māori, as the first law of Aotearoa (New Zealand), is recognized by both statute and common law, and that disputes involving tikanga, including whakapapa, must be approached with caution and respect for Māori sovereignty and customs. Analysis: The High Court found that deciding on whakapapa through external arbitration was inconsistent with tikanga Ngāti Rehua-Ngātiwai ki Aotea, as the parties were bound by their own tikanga and previous court orders. The court emphasized that tikanga must be proved as fact and that any court recognition of tikanga is only a snapshot for the specific case at hand. The court held that the dispute over whakapapa was not arbitrable under the Arbitration Act 1996, as it is a matter for the relevant iwi or hapū according to their tikanga. The application to set aside the agreed arbitration process was granted, reaffirming the importance of tikanga in disputes involving Māori land and trusts. Conclusion: The court concluded that the whakapapa dispute could not be resolved through independent arbitration outside the tikanga of Ngāti Rehua-Ngātiwai ki Aotea. It directed that the dispute should be addressed within the framework of tikanga Māori, respecting the autonomy and traditions of the iwi or hapū involved.
