29 Mar 2022
Because evidence at the Stage Two hearing established that the Waiaua river mouth is wāhi tapu and that no whitebaiting occurred there, the continuity requirement under s51 for a Protected Customary Right was not met for that area; consequently the proposed amendment to include the river mouth in the PCR was declined.
17 Nov 2015
The Court upheld the High Court's exercise of discretion to release New Zealand Steel from its 1990 undertaking because materially changed circumstances over 24 years — including the pendency of substantive proceedings scheduled for April 2016, New Zealand Steel's confirmed time-limited commitment not to mine before 1 September 2016, and statutory heritage processes — made the undertaking unnecessary to protect Ngāti Te Ata and therefore continuation would not be justified.
31 May 2013
The caveat was removed because the evidence established at best a licence or oral arrangement to permit access and use, not an enforceable proprietary interest or trust recorded on deed or title; there was no basis to invoke an exception to indefeasibility or to impede the mortgagee's exercised power of sale, and statutory protections provide alternative safeguards, so the caveat could not be maintained.
13 Feb 2009
The covenant relied on is a restrictive covenant in gross and does not create an equitable interest in the defendants' land capable of supporting a caveat; the hapu did not establish an interest in the defendants' land and therefore the caveat must lapse.