11 Dec 2009
PAKI & ORS V ATTORNEY-GENERAL OF NEW ZEALAND FOR AND ON BEHALF OF THE CROWN CA CA519/2008
- Citation
- openlaw-ef709ee2_cd7f_495d_86f7_bc46cb4678c7.pdf
- Court
- Court of Appeal
The Court held that the Pouakani claim was not barred by the Pouakani Claims Settlement Act 2000 on its face, but that s14 of the Coal Mines Amendment Act 1903 applied: the Waikato River from the foot of the Huka Falls to Port Waikato was a navigable river in 1903 within the meaning of s14 and its bed was therefore deemed to have always been vested in the Crown; accordingly the appellants' claim to the riverbed failed and the appeal was dismissed.