1 Jul 2011
OTEHEI BAY HOLDINGS LIMITED (CA57/2010; CA684/2010) V FULLERS BAY OF ISLANDS LIMITED COA CA57/2010
- Citation
- openlaw-14d9bbf1_0ee7_440b_ad5a_812d86894ba4.pdf
- Court
- Court of Appeal
Majority held that when the Crown acquired Urupukapuka Island in 1970 the leasehold estate fell within the scope of the reserves legislation; renewals at expiry of five-year terms constituted new grants; s21(2) migrated existing leases into the 1996 concessions regime so leases renewed after 1 July 1996 required a concession under Part 3B of the Conservation Act; therefore allowing the leasehold activity post-1996 without a concession was unlawful and the appeals fail (subject to variation of a publicity/injunction order).