17 Jul 2008
TE RUNANGA O NGATI AWA V ATTORNEY GENERAL AND ANOR HC WN CIV 2006-485-1025
- Citation
- openlaw-557dcad7_0e9f_4163_8b7c_90d96068842b.pdf
- Court
- High Court
The Court concluded that once the Whakatane District Council had unequivocally declined to require the land under s50 and the s40(1)(a) surplus event remained, s50 could have no potential application; LINZ's reconsideration failed to properly apply s40(1)(b) and did not adequately consider Ngati Awa's Treaty/deed interests, so the decision dated 11 August 2005 to transfer the land under s50 was unlawful and set aside.