29 Jun 2023
MERCURY NZ LIMITED v MĀORI LAND COURT [2023] NZHC 1644
- Citation
- [2023] NZHC 1644
- Court
- High Court
Interpreting LTA s51(3)(b) purposively and in light of statutory presumptions and TTWMA protections, registered LTA titles do not preclude the Māori Land Court from investigating whether the Waikato riverbed is Māori customary land; accordingly the customary title claim was not plainly untenable and must proceed. Conversely, the Māori Land Court lacked jurisdiction to determine the alternative fiduciary duty claim in relation to general registered land and to adjudicate a free-standing ownership claim in water, so those claims were struck out.
- Indefeasibility of title
- Customary title
- Te ture whenua maori act
- Land transfer act 2017 s51(3)(b)
- Fiduciary duty claims
- Jurisdiction of māori land court