New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Maori customary land

Legal area

Court

10 Dec 2021

JOHNSON v JOHNSON [2021] NZCA 673

Citation

[2021] NZCA 673
Court

Court of Appeal

Extension of time was granted because the short, satisfactorily explained delay caused no material prejudice and the proposed appeal was not clearly hopeless given real and unresolved questions about the identity and legal status of the land described as 21 Stewart Street (including the possibility some of it is Māori land); accordingly the appeal should proceed to be determined on its merits.
9 May 2012

HENARE, HENARE, HENARE, HENARE, HENARE, WIKAIRA, SWINTON AND BENSON v THAMES COROMANDEL DISTRICT COUNCIL COA CA797/2011

Citation

COA CA797/2011
Court

Court of Appeal

Leave to appeal was dismissed because the applicants failed to identify a seriously arguable question of law of sufficient importance: the land had become general freehold before the 1918 Public Works taking so customary-land restrictions did not apply; compensation and Treaty issues could not properly be determined on the record before the courts; and the fraud allegation raised a new issue requiring fresh proceedings rather than determination on appeal.