Legal Professional General’s Division

general attorney

Justice Tipping joined with the majority of the courtroom in overturning In Re the Ninety Mile Beach, and with the whole of the court in declaring that there was no barrier stopping the Maori Land Court from investigating Maori customary rights in the foreshore and seabed. Finally, the judgment dealt with the precedent created in In Re the Ninety-Mile Beach NZLR 461 that, “any Maori customary property within the foreshore had been extinguished as soon as the contiguous land above excessive water mark had misplaced the status of Maori customary land”. Elias CJ held, “an approach which precludes investigation of the actual fact of entitlement in accordance with custom due to an assumption that customized is displaced by a change in sovereignty or as a result of the sea was used as a boundary for individual titles on the shore is mistaken in legislation.” Enforcement and defense of Idaho‚Äôs Master … Read More

Legal Professional General’s Division

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