12 May 2009
THE NEW ZEALAND FISH AND GAME COUNCIL V HER MAJESTY'S ATTORNEY-GENERAL IN RESPECT OF COMMISSIONER OF CROWN LANDS AND ANOR HC WN CIV 2008-485-2020
- Citation
- openlaw-c0cb6361_9b4a_41c4_96dc_2d1b7ecc76b1.pdf
- Court
- High Court
Pastoral leases issued under the Land Act 1948 convey an interest in land that confers exclusive legal possession on the lessee; the statutory reservations and use restrictions regulate permitted uses and access but do not negate the lessee's legal right of exclusive possession, as shown by the statutory scheme, lease terms (perpetual renewal, obligations to occupy, improve and farm, assignability and mortgageability) and precedent distinguishing use restrictions from lack of legal possession.