21 Feb 2014
KANE v ATTORNEY-GENERAL [2014] NZHC 251
- Citation
- [2014] NZHC 251
- Court
- High Court
Applicants are not "successors" for the purposes of s40(5) because only the immediate beneficiaries at the time of acquisition qualify; additionally the land remains required for public works so any s40 rights are inchoate and non-justiciable, and the Court will not review or restrain the parliamentary Treaty settlement process; therefore the application is dismissed.