29 Sept 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-d7512fa3_fcaa_4b84_ab02_cb3e3ea8cd4c.pdf
- Court
- High Court
The appellants' challenge fails because the land was converted to Crown grant in fee simple when brought under the Land Transfer Act in 1916 and the 1918 proclamation under the Public Works Act vested the road in the Crown; that estate is now vested in the Council by s316 Local Government Act, so the Council holds title and the District Court possession order under s240 Public Works Act 1981 was correctly made; allegations of fraud or procedural defects were not properly pleaded or supported to impeach title and were inappropriate for determination on this appeal.