7 May 2021
Re Edwards (Te Whakatōhea No. 2) [2021] NZHC 1025
- Citation
- [2021] NZHC 1025
- Court
- High Court
The Court held applicants must prove all positive statutory elements of ss 51 and 58 on the balance of probabilities (with MACA's presumption that customary interests have not been extinguished). 'Holds in accordance with tikanga' is to be determined by reference to tangata whenua tikanga and mātauranga, not by importing common‑law proprietary tests; tikanga experts (pukenga) have primary relevance. Shared exclusivity can exist where tikanga and historical use demonstrate joint exclusive occupation. Raupatu and pre-2011 resource consents did not per se amount to substantial interruption; lawf…