New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Vesting of land under statute

Legal area

Court

8 Mar 2019

WINITANA v ATTORNEY-GENERAL [2019] NZHC 381

Citation

[2019] NZHC 381
Court

High Court

Section 77 of the Te Ture Whenua Maori Act 1993 bars the declaratory relief sought because prior Maori Land Court orders (2000 and subsequent MLC decisions) conclusively vested Lake Waikaremoana in the two Maori Trust Boards in fee simple and established that rental income constitutes assets of those Boards; on the merits no statutory or constructive trust or exclusive fiduciary duty in favour of descendants was made out and the Lake retains Maori freehold status.
15 Dec 2008

SKURR AS TRUSTEES OF E M AND J A SKURR FAMILY TRUST V CANTERBURY REGIONAL COUNCIL HC CHCH CIV 2008-409-000465

Citation

openlaw-25e19004_6348_4f45_9b7f_b65b80588bf0.pdf
Court

High Court

The Court held that on the proper construction of the 1933 Act the contested Eyre Riverbed was not vested in the Trust or its successor because the statutory process envisaged by s12 (including compliance with the District Land Registrar's requirements and the sequence of notices and issuance of certificates) was not completed in respect of the disputed land; accordingly the Council does not hold a vested interest in the Eyre Riverbed by virtue of the Act.