9 May 2012
HENARE, HENARE, HENARE, HENARE, HENARE, WIKAIRA, SWINTON AND BENSON v THAMES COROMANDEL DISTRICT COUNCIL COA CA797/2011
- Citation
- COA CA797/2011
- Court
- Court of Appeal
Leave to appeal was dismissed because the applicants failed to identify a seriously arguable question of law of sufficient importance: the land had become general freehold before the 1918 Public Works taking so customary-land restrictions did not apply; compensation and Treaty issues could not properly be determined on the record before the courts; and the fraud allegation raised a new issue requiring fresh proceedings rather than determination on appeal.