28 Nov 2008
SAINSBURY V GRAHAM HC WANG CIV 2008-483-000068
- Citation
- openlaw-180a9bc8_88e0_4eae_9f0f_d4cb2f9e5201.pdf
- Court
- High Court
The Native Land Court adoption order of 19 April 1949, made pursuant to the Native Purposes Act 1941 in conjunction with s209 Native Land Act 1931 and s21 Infants Act 1908, legally changed the plaintiff's parentage such that he ceased to be the child of the deceased for all legal purposes; accordingly he is not a 'child of the deceased' under s3 Family Protection Act 1955 and his claim disclosed no tenable cause of action and was struck out. No appropriate question of tikanga or Māori interest arose requiring a stated case to the Māori Appellate Court because the deceased left a will and the…