11 Dec 2009
PAKI & ORS V ATTORNEY-GENERAL OF NEW ZEALAND FOR AND ON BEHALF OF THE CROWN CA CA519/2008
- Citation
- openlaw-54cd1329_07ea_4f85_9206_866c7c239191.pdf
- Court
- Court of Appeal
The Court held that the Waikato River from the foot of the Huka Falls to Port Waikato was a navigable river within s14 CMAA 1903 and therefore its bed vested in the Crown; accordingly the appellants' claim to the riverbed failed and the appeal was dismissed (the Settlement Act did not preclude the claim but was not decisive because navigability and statutory vesting extinguished the asserted common law interest).