29 Jun 2016
TAURANGA CITY COUNCIL v FAULKNER [2016] NZHC 1440
- Citation
- [2016] NZHC 1440
- Court
- High Court
On the evidence the Commissioner laid out and coloured the Matapihi strip as a road on plan ML5651 and subsequent official treatment treated it as road; under the Raupatu legislation the laying out of roads was a necessary incident of the Governor's settlement powers and s78 Public Works Act 1883 deems such Crown land roads to be public highways; therefore the strip is a legal road vested in the Council and injunctive relief to prevent obstruction was warranted.