Applications for rehearing – Henare v Māori Trustee – Parengarenga 3G (2012) 2012 Māori Appellate Court MB 1

Henare v Māori Trustee - Parengarenga 3G

Māori Appellate Court (2012) 2012 Māori Appellate Court MB 1 (2012 APPEAL 1)

9 January 2012

A Judge should not grant a rehearing on an application made more than 28 days after an order unless satisfied that the application could not reasonably have been made sooner (s 43(2)/93).  Here the evidence was inconclusive on the reasons for a late application for rehearing.  It was unsafe for the Court to have concluded a rehearing out of time should be granted. The appeal against the grant of a rehearing was allowed. The case was remitted for further orders to the judge who gave the initial decision the subject of the application for a rehearing.

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