What South Waikato District described as a ‘pre-emptive strike’ blocking the Tokoroa purchase of a potential Head Hunters’ ‘gang pad’ saw Council and property owner Raukawa Iwi Development jointly liable for conspiracy facing damages claims totalling $600,000.
Ford Moeke is a patched member of the Head Hunters. His signature to a 2018 contract purchasing a site in the Tokoroa suburb of Amisfield caused a stir with rumours it was to be the site of gang headquarters. The property was put up for sale by Raukawa Iwi Development Ltd. Raukawa has substantial assets following Treaty of Waitangi settlements derived from central North Island Kaingaroa Forests. Local concerns in Tokoroa saw Raukawa write to Mr Moeke telling him the deal was off. Raukawa immediately sold to the local Council. Mr Moeke sued.
The High Court ruled Raukawa was liable for breach of contract and Raukawa in conjunction with South Waikato District liable for conspiracy. The two combined unlawfully with intent to thwart Mr Moeke’s purchase. Ownership of the Amisfield site has since passed to a bona fide purchaser buying from Council.
Associate judge Sargisson said assessment of damages requires further evidence. Mr Moeke claims $450,000 for breach of contract. Ruakawa says damages are minimal; being only the difference between the price he agreed to pay and the property’s current value. Mr Moeke says the current value is substantial; he had plans to subdivide. Judge Sargisson said the claim for $150,000 exemplary damages is large compared with past court awards. Orders for payment of exemplary damages are uncommon; they are ordered as punishment for outrageous behaviour.
Moeke v. Raukawa Iwi Development Ltd & South Waikato District Council
20.004