29 Jan 2020
KAMO v MINISTER OF CONSERVATION [2020] NZCA 1
- Citation
- [2020] 2 NZLR 746
- Court
- Court of Appeal
The appeal is dismissed because the factual dispute over mana whenua is central and unresolved, declaratory relief is inappropriate and premature where the Minister has not finalised vesting terms, and mana whenua and a Treaty relationship do not constitute 'property' for the purposes of NZBORA s21 so the claimed rights under ss18,20,21 cannot be established on the material before the Court.