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High Court of Tokelau |
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IN THE HIGH COURT OF NEW ZEALAND SITTING AS THE HIGH COURT OF
TOKELAU
I TE KŌTI MATUA O AOTEAROA
E NOHO ANA RITE TONU KI TE KŌTI MATUA O TOKELAU
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CIV-2017-485-797 [2019] NZHC 1787
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BETWEEN
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JOVILISI SUVEINAKAMA
First Plaintiff
HETO PUKA
Second Plaintiff
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AND
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COUNCIL FOR THE ONGOING GOVERNMENT OF TOKELAU
First Defendant
ULU O TOKELAU
Second Defendant
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Hearing:
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11, 12 February 2019
Further evidence and submissions received: 18, 22 February 2019
8, 14, 15 March 2019
4, 15, 23 April 2019
1, 31 May 2019
10, 13, 28 June 2019
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Council:
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J W Goddard and J Kim for Plaintiffs
R J Fowler QC and H Wallwork for Defendants
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Judgment:
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26 July 2019
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JUDGMENT OF CHURCHMAN J
“Agi malu mai ko Te Tokelau, ke momoli ai taku fekau”[1]
Table of Contents
PART I
Background [2]
Air service [12]
The air service proposal [16]
The plaintiffs’ claims [25]
PART II
Applicable law [29]
The investigation [45]
The first suspension [64]
Procedural defects in investigation [72]
Bias [73]
Full particulars [87]
Legal representation [102]
Intervention by Fakaofo Taupulega [120]
Expansion of investigation to consider the purchase of the
Matautu property [125]
Second suspension [130]
Second part of the investigation [147]
Substantive decision [164]
The Matautu purchase [165]
Public law issues [189]
PART IV
Developments since hearing [196]
PART V
General damages [210]
Specific damages [215]
Result [216]
[1] This decision is divided into five parts:
- (a) Part I outlines the factual background to the dispute, and details the claims made by the plaintiffs.
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