31 Jul 2020
Te Ara Rangatū O Te Iwi O Ngāti Te Ata Waiohua Incorporated v The Attorney-General [2020] NZHC 1882 [31 July 2020]
- Citation
- [2020] NZHC 1882
- Court
- High Court
Court held plaintiffs failed to prove duress, undue influence or unconscionability as to the 1864 Waiuku Deed; the December 1864 confiscation was a lawful exercise of the 1863 Act (or validated by later statute); no private law fiduciary duty or constructive trust arose from the 19th century transactions in the broad form pleaded; the 1939 and 1959 takings under the Public Works Act 1928 were lawful for their stated purposes and s 19 preserved mineral rights (royalty entitlement) rather than creating a trust; the 1990 MOU was not an enforceable contract and did not give rise to a fiduciary du…