New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Statutory presumptions

Legal area

Court

20 Mar 2020

RICKARD v DEPARTMENT OF CONSERVATION [2020] NZHC 579

Citation

[2020] NZHC 579
Court

High Court

The certified Survey Office plan SO11763 and unchallenged expert survey evidence established the Fiordland National Park boundary as the straight MHWS line crossing the Waitutu River mouth and the defendants' fishing spots lay upstream of that line; although parts of that upstream area included land that met the physical definition of 'foreshore', those lands had already been declared conservation area and were validly added to the national park under s 7(1)(a)(i) of the National Parks Act without requiring the additional s 7(6) joint ministerial recommendation and regional council consent; s…
12 Aug 2016

KEELAN v HYLAND [2016] NZHC 1869

Citation

[2016] NZHC 1869
Court

High Court

All declaratory applications were declined: the Te Ua decision largely restated the old statute and cannot be read wholesale into the new Veterans' Support Act 2014; the new Act has a different scheme (statements of principles, s14/s15 process) and presumptions that must be applied on their own terms; declaratory relief was inappropriate in the absence of decisions under the new Act and where matters were discretionary, fact-specific or administrative.