23 Dec 2008
TE WHANAU O RANGIWHAKAAHU HAPU CHARITABLE TRUST AND ANOR V THE DEPARTMENT OF CONSERVATION HC CIV 2008-488-000548
- Citation
- openlaw-9976eb1e_fe68_4844_ac4e_e13ce42b82ca.pdf
- Court
- High Court
The Court exercised its power under High Court Rule 418 to formulate open questions for pre‑trial determination: (a) whether deposited plan 199214 correctly defines the boundary between the O Tito reserve and the adjoining land, and (b) if not, where the correct boundary is located. The Court allowed an open evidential approach (including expert evidence), confirmed that indefeasibility of title does not bar this inquiry, and reserved the question of costs for the trial judge.