27 Jun 2012
PAKI AND OTHERS v ATTORNEY-GENERAL OF NEW ZEALAND SC 7/2010
- Citation
- SC 7/2010
- Court
- Supreme Court
Appellants have standing; statutory vesting under s14 (and successors) applies only to stretches of river that were navigable in fact (i.e. susceptible of use 'for the purposes of navigation' assessed by width/depth and practical capacity to serve as highway in that stretch), not to an assessment 'of the river as a whole'; on the evidence the Waikato River adjoining the Pouakani blocks was not navigable in 1903 and therefore the bed did not vest in the Crown under s14/s261/s354.