19 Dec 2016
THE ATTORNEY-GENERAL V ALAN PAREKURA TOROHINA HARONGA [2016] NZCA 626
- Citation
- [2016] NZCA 626
- Court
- Court of Appeal
Once the Tribunal finds the statutory prerequisites in s 8HB(1) are satisfied it is obliged to make an adjudicative decision as to remedy: either recommend return of the land (interim recommendation which becomes binding after 90 days if not settled) or recommend that the land not be liable to return (including the limited residual option of not clearing land because of competing claims); the Tribunal cannot avoid that duty by treating binding recommendations as a last resort, deferring to negotiations, or dismissing/adjourning solely because of complexity or competing claims without making…