29 Aug 2014
JOHN HANITA PAKI & ORS v ATTORNEY-GENERAL OF NEW ZEALAND FOR AND ON BEHALF OF THE CROWN [2014] NZSC 118 * Chambers J died before this judgment was delivered. The remaining Judges have decided under s 30(1) of the Supreme Court Act 2003 t
- Citation
- [2014] NZSC 118
- Court
- Supreme Court
Appeal dismissed because appellants failed to establish the threshold factual and legal foundation that the Crown acquired the riverbed by application of the ad medium filum presumption to the Pouakani titles; the presumption does not operate as a universal rule extinguishing customary rights and its application depends on local Maori custom and surrounding circumstances which were not established; absent proof of Crown ownership under the presumption (or statute), the fiduciary breach claim could not succeed and other issues (remedies, limitation) need not be determined.