24 Aug 2016
THE TRUSTEES OF THE TAUWHAO TE NGARE TRUST v SHAW [2016] NZCA 405
- Citation
- [2016] NZCA 405
- Court
- Court of Appeal
The appeal is dismissed because, although some factual errors existed in the 1976 proceedings, those errors did not justify cancellation under s44 given the passage of time, the Trustees' long acquiescence and benefits derived, the minimal intrusion on the reservation and the feasibility of ameliorative variation; statutory 10-year protection and the Chief Judge's discretionary approach supported amendment rather than cancellation.