5 Dec 2017
GREGORY v THAMES COROMANDEL DISTRICT COUNCIL [2017] NZHC 3002
- Citation
- [2017] NZHC 3002
- Court
- High Court
As a matter of law s 31(3)(a) of the Takutai Moana Act preserves lesser interests in existing reclaimed land and that concept is capable of encompassing customary use rights; however reclaimed land is vested in the Crown such that claims to full exclusive ownership based on tikanga cannot succeed. The plaintiffs' pleadings fail to particularise customary rights and reclamation history and therefore require amendment. Mr Leach and Mr Hook were improperly joined and pleadings against them are struck out. The proceedings are adjourned and plaintiffs granted leave to amend to articulate an orthod…