Boyd V Mayor Of Wellington
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Boyd V Mayor Of Wellington
''Boyd v. Mayor of Wellington'' 924NZLR 1174 is a leading case law in New Zealand on the concept of indefeasibility of title. Background The plaintiff in this case, Mr, Boyd, owned a parcel of land in Wellington until in 1917 the local council compulsorily acquired the land under the Public Works Act 908to build part of the Wellington tramway system. After the council was registered as the new owner of this property, it came to the plaintiff's attention that because there was an existing building on the property, the council had no legal right to acquire the property without the owner's consent. The plaintiff took legal action against the council to return the land back to his ownership. Held The court ruled in favor of the council, as the transfer was not obtained due to fraud, i.e. the council was not aware at the time that it needed the owners consent, but rather to oversight by the council, and this meant that the Wellington City Council Wellington City Council i ...
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Court Of Appeal Of New Zealand
The Court of Appeal of New Zealand is the principal intermediate appellate court of New Zealand. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of judges of the High Court sitting periodically in panels. In 1957 the Court of Appeal was reconstituted as a permanent court separate from the High Court. It is located in Wellington. The Court and its work The President and nine other permanent appellate judges constitute the full-time working membership of the Court of Appeal. The court sits in panels of five judges and three judges, depending on the nature and wider significance of the particular case. A considerable number of three-judge cases are heard by Divisional Courts consisting of one permanent Court of Appeal judge and two High Court judges seconde ...
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Sir Robert Stout
Sir Robert Stout (28 September 1844 – 19 July 1930) was a New Zealand politician who was the 13th premier of New Zealand on two occasions in the late 19th century, and later Chief Justice of New Zealand. He was the only person to hold both these offices. He was noted for his support of liberal causes such as women's suffrage, and for his strong belief that philosophy and theory should always triumph over political expediency. Early life Born in the town of Lerwick in Scotland's Shetland Islands, Stout retained a strong attachment to the Shetland Islands throughout his life. He received a good education and eventually qualified as a teacher. He also qualified as a surveyor in 1860. He became highly interested in politics through his extended family, which often met to discuss and debate political issues of the day. Stout was exposed to many different political philosophies during his youth. In 1863, Stout emigrated to Dunedin, New Zealand. Once there, he quickly became invo ...
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William Sim
Sir William Alexander Sim (13 September 1858 – 29 August 1928) was a New Zealand lawyer and judge. He was born in Wanganui, New Zealand, and died in Wellington. Wilfrid Sim was his son. In the 1924 King's Birthday Honours, Sim was appointed a Knight Bachelor. Sim Commission Sim was appointed as chairman of a royal commission set up in 1926 to inquire into confiscations of native lands in the nineteenth century as well as other grievances alleged by Māori. The commission has come to be known as the Sim Commission. The other two commissioners were Vernon Herbert Reed and William Cooper. The commission was to report on four areas:(1) "Whether, having regard to all the circumstances and necessities of the period during which proclamations and Orders-in-Council under the said Acts were made and confiscations effected, such confiscations or any of them exceeded in quantity what was fair and just, whether, as a penalty for rebellion and other acts of that nature, or as pro ...
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Thomas Walther Stringer
Thomas may refer to: People * List of people with given name Thomas * Thomas (name) * Thomas (surname) * Saint Thomas (other) * Thomas Aquinas (1225–1274) Italian Dominican friar, philosopher, and Doctor of the Church * Thomas the Apostle * Thomas (bishop of the East Angles) (fl. 640s–650s), medieval Bishop of the East Angles * Thomas (Archdeacon of Barnstaple) (fl. 1203), Archdeacon of Barnstaple * Thomas, Count of Perche (1195–1217), Count of Perche * Thomas (bishop of Finland) (1248), first known Bishop of Finland * Thomas, Earl of Mar (1330–1377), 14th-century Earl, Aberdeen, Scotland Geography Places in the United States * Thomas, Illinois * Thomas, Indiana * Thomas, Oklahoma * Thomas, Oregon * Thomas, South Dakota * Thomas, Virginia * Thomas, Washington * Thomas, West Virginia * Thomas County (other) * Thomas Township (other) Elsewhere * Thomas Glacier (Greenland) Arts, entertainment, and media * ''Thomas'' (Burton novel) 1969 novel ...
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John William Salmond
Sir John William Salmond (3 December 1862 – 19 September 1924) was a legal scholar, public servant and judge in New Zealand. Biography Salmond was born in North Shields, Northumberland, England, the eldest son of William Salmond (died 1917), a Presbyterian minister and professor. His family emigrated to Dunedin, New Zealand, in 1876 where he attended Otago Boys' High School (1876–79). Salmond graduated from the University of Otago in 1882 with a Bachelor of Arts degree and later a Master of Arts. He then obtained a Gilchrist scholarship to study at University College, London, where he graduated in law and became a fellow. Returning to New Zealand in 1887, he was admitted as a barrister and solicitor of the Supreme Court, and practised in Temuka in South Canterbury. In 1897 he was appointed professor of law at the University of Adelaide, South Australia, and in 1906 he returned to New Zealand to take up the founding chair in law at Victoria University College, Wellingto ...
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Case Law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Australia and Ne ...
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New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island country by area, covering . New Zealand is about east of Australia across the Tasman Sea and south of the islands of New Caledonia, Fiji, and Tonga. The country's varied topography and sharp mountain peaks, including the Southern Alps, owe much to tectonic uplift and volcanic eruptions. New Zealand's capital city is Wellington, and its most populous city is Auckland. The islands of New Zealand were the last large habitable land to be settled by humans. Between about 1280 and 1350, Polynesians began to settle in the islands and then developed a distinctive Māori culture. In 1642, the Dutch explorer Abel Tasman became the first European to sight and record New Zealand. In 1840, representatives of the United Kingdom and Māori chiefs ...
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Torrens Title
Torrens title is a land registration and land transfer system, in which a state creates and maintains a register of land holdings, which serves as the conclusive evidence (termed " indefeasibility") of title of the person recorded on the register as the proprietor (owner), and of all other interests recorded on the register. Ownership of land is transferred by registration of a transfer of title, instead of by the use of deeds. The Registrar provides a Certificate of Title to the new proprietor, which is merely a copy of the related folio of the register. The main benefit of the system is to enhance certainty of title to land and to simplify dealings involving land. Its name derives from Sir Robert Richard Torrens (1814–1884), who designed, lobbied for and introduced the private member's bill which was enacted as the ''Real Property Act 1858'' in the Province of South Australia, the first version of Torrens title enacted in the world. Torrens based his proposal on many of t ...
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Wellington
Wellington ( mi, Te Whanganui-a-Tara or ) is the capital city of New Zealand. It is located at the south-western tip of the North Island, between Cook Strait and the Remutaka Range. Wellington is the second-largest city in New Zealand by metro area, and is the administrative centre of the Wellington Region. It is the world's southernmost capital of a sovereign state. Wellington features a temperate maritime climate, and is the world's windiest city by average wind speed. Legends recount that Kupe discovered and explored the region in about the 10th century, with initial settlement by Māori iwi such as Rangitāne and Muaūpoko. The disruptions of the Musket Wars led to them being overwhelmed by northern iwi such as Te Āti Awa by the early 19th century. Wellington's current form was originally designed by Captain William Mein Smith, the first Surveyor General for Edward Wakefield's New Zealand Company, in 1840. The Wellington urban area, which only includes urbanised ar ...
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Eminent Domain
Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Australia, Barbados, New Zealand, Ireland, United Kingdom), or expropriation (Argentina, Belgium, Brazil, Canada, Chile, Denmark, Finland, France, Germany, Greece, Italy, Mexico, Netherlands, Norway, Panama, Poland, Portugal, Russia, South Africa, Spain, Sweden, Serbia) is the power of a state, provincial, or national government to take private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the legislature to exercise the functi ...
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Wellington Tramway System
The Wellington tramway system (1878–1964) operated in Wellington, the capital of New Zealand. The tramways were originally owned by a private company, but were purchased by the city and formed a major part of the city's transport system. Trams Initially in 1878, Wellington's trams were steam-powered, with an engine drawing a separate carriage. The engines were widely deemed unsatisfactory, however — they created a great deal of soot, were heavy (increasing track maintenance costs), and often frightened horses. By 1882, a combination of public pressure and financial concerns caused the engines to be replaced by horses. In 1902, after the tramways came into public ownership, it was decided to electrify the system, and the first electric tram ran in 1904. Trams operated singly, and were mostly single-deck with some (open-top) double-deck. History The first tram line in Wellington opened on 24 August 1878. The line was 4.5 km in length and gauge; and ran between the n ...
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Wellington City Council
Wellington City Council is a territorial authority in New Zealand, governing the country's capital city Wellington, and ''de facto'' second-largest city (if the commonly considered parts of Wellington, the Upper Hutt, Porirua, Lower Hutt and often the Kapiti Coast, are taken into account; these, however have independent councils rather than a supercity governance like Auckland, and so Wellington City is legally only third-largest city by population, behind Auckland and Christchurch). It consists of the central historic town and certain additional areas within the Wellington metropolitan area, extending as far north as Linden and covering rural areas such as Mākara and Ohariu. The city adjoins Porirua in the north and Hutt City in the north-east. It is one of nine territorial authorities in the Wellington Region. Wellington attained city status in 1886. The settlement had become the colonial capital and seat of government by 1865, replacing Auckland. Parliament officia ...
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