11 Nov 2011
FRANCES HENARE, BRIAN HENARE, CHARLES HENARE, DEAN HENARE, FAHLEN HENARE, RAYMOND WIKAIRA, DAVID SWINTON AND DANIEL BENSON V THAMES COROMANDEL DISTRICT COUNCIL HC HAM CIV-2010-419-1487
- Citation
- openlaw-e1cc6c69_a049_4fba_8106_9ea722834e25.pdf
- Court
- High Court
The land had been converted from Maori customary title into general freehold under the Land Transfer regime and therefore was not 'Native land' for the purposes of s10(1) of the Public Works Act; consequently ss18 and 19 governed the taking and ss94-95 did not apply; Orders in Council did not survive repeal so they did not oust Native Land Court jurisdiction; allegations of fraud in title could not be properly determined on this appeal and must be pursued in separate proceedings; leave to appeal was therefore refused.