23 Jul 2021
TŪWHARETOA MĀORI TRUST BOARD v TAUPŌ WATERS COLLECTIVE LIMITED [2021] NZHC 1871
- Citation
- [2021] NZHC 1871
- Court
- High Court
The Court construed the 2007 Deed to give the Trust Board, as owner of Taupō Waters, the express right under clause 2.5.1 to require Commercial Users to obtain occupation or use rights (including licences) and to charge for them; clause 2.5.5(c) only exempts permit holders in respect of the specific Schedule 3 structures and does not exempt those holders from obtaining authorisation or paying for commercial activities elsewhere on Taupō Waters; no common law public right of navigation free of charge for commercial use was established on the material and any pre‑1926 right would have been over…